A Benue State High Court sitting in Makurdi has struck down an executive order issued by Governor Hyacinth Alia that restricted public gatherings across the state, ruling that the order lacked legal basis and violated constitutional rights, court and legal sources confirmed on Tuesday, February 3, 2026.
The executive order, signed on February 28, 2024, required individuals and groups to obtain permits from the Department of Public Order at the state Ministry of Justice and Public Order before holding rallies, wakes, religious services or other public events beyond 10pm.
Delivering judgment, Justice Theresa Igoche of the Benue State High Court held that the executive order “had no lawful foundation” and was therefore null, void and without justification under the 1999 Constitution (as amended). The judge described the directive as “illegal, unreasonable and ultra vires the powers of the governor.”
The plaintiffs in the case, “Chief Bemgba Iortyom,” the immediate past State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Adebayo Ogorry, Executive Director of the Centre for Social Justice, Equity and Transparency (CESJET), filed the suit in June 2024.
They argued that the order violated fundamental rights including freedom of movement, association and peaceful assembly guaranteed under Sections 40, 41 and 45(1) of the Constitution and Article 11 of the African Charter on Human and Peoples’ Rights.
The court noted that the law on which the governor relied, “the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004” had earlier been set aside by the Supreme Court, which rendered the executive order legally unsustainable.
Justice Igoche granted all reliefs sought by the plaintiffs and issued a perpetual injunction restraining the Benue State Government, its agents and privies from enforcing or giving effect to the executive order.
The judgment also dismissed preliminary objections filed by the Benue State Government and the state Attorney-General, with the court finding them unmeritorious.
In a statement following the ruling, the plaintiffs described the decision as a victory for the rule of law and constitutional democracy, asserting that the executive order, as previously enforced, had been used to close business premises, arrest citizens and disrupt community activities, including religious gatherings.
They said the judgment reaffirms the judiciary’s role in protecting citizens’ rights and strengthens public confidence in constitutional democracy in Benue State.
The ruling comes amid heightened public awareness of civil liberties and the balance of executive authority and judicial oversight. Legal experts say such decisions underscore the constitutional limits of executive orders, particularly where they intersect with fundamental human rights.
As the perpetual injunction now stands, state authorities and residents alike must abide by the court’s determination on the legality of restrictions on public gatherings in Benue State.
