Justice Theresa Igoche, of the Benue State High Court in Makurdi has fixed July 8 to hear the suit challenging the public order law in Benue State.
Recall that a Human Rights crusader, Mr Adebayo Ogorry, had dragged the Benue State Government and its agents to court, arguing that the law severely infringes on fundamental rights of citizens.
In the suit, the plaintiffs are seeking a declaration that the requirement of “First seeking and obtaining a permit from the Department of Public Order at the Ministry of Justice and Public Order, Benue State, for the holding of rallies, wakes and other forms of public gatherings, is illegal and unconstitutional as it violates the rights of citizens as enshrined in the constitution”.
They are also seeking a declaration of the court that the provisions of the Public Order Act, upon which the law was purportedly premised, is in itself illegal and unconstitutional.
The plaintiffs further held that the state government lacked powers, under the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, or under any law made by the National Assembly or the Benue State House of Assembly whatsoever, to issue any permit for the holding of rallies, wakes or any such public gatherings after 10:pm
Governor Hyacinth Alia had signed the Executive Order banning public gatherings and holding of all forms of events, including wakes, ceremonies and religious occasions beyond the hour of 10:00 pm, as well as prohibition of several other activities in February.
