MAKURDI — A Benue State High Court sitting in Makurdi has struck down the controversial Executive Order issued by Governor Hyacinth Alia in February 2024, declaring it unconstitutional and a violation of the fundamental rights of citizens.
In a landmark judgment delivered on Monday, February 2, 2026, Justice Theresa Igoche ruled that the Governor’s directive—which restricted public gatherings, rallies, and wakes—lacked legal backing. The court held that the Public Order Act, upon which the Governor relied, had been previously invalidated by the Supreme Court of Nigeria.
“The 1999 Constitution (as amended) guarantees the right to freedom of assembly and association,” Justice Igoche stated. “No executive order can override these fundamental rights or reintroduce laws already set aside by the apex court.”
The Executive Order, signed on February 28, 2024, had mandated that citizens obtain official permits for gatherings and prohibited public events from continuing past 10:00 PM. The state government argued the measures were necessary for public safety and order; however, the court dismissed these claims as an “abuse of executive power.”
The plaintiffs in the suit, including Chief Bemgba Iortyom and Ambassador Adebayo Ogorry, argued that the order was being used as a tool for political suppression. Following the ruling, they described the verdict as a victory for democracy and a shield against the slide into “executive lawlessness.”
The court has issued a perpetual injunction restraining the Benue State Government, the Police, and other security agencies from enforcing the order or harassing citizens based on its provisions.
As of press time, the Benue State Ministry of Justice has not indicated whether it intends to appeal the judgment.
