A Benue State High Court in Makurdi, presided over by Justice Theresa Igoche, last Friday, 30th January, 2026, delivered judgement in Suit No: MHC/234/2024 between Hon. Bemgba Iortyom & Anor v. Benue State Government & Ors.
The judgement was in favour of us the plaintiffs, I, Chief Bemgba Iortyom, immediate past State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Amb. Adebayo Lion Ogorry of the Centre for Social Justice, Equity and Transparency (CESJET).
We had brought the suit in June, 2024 challenging the legality of the Executive Order proclaimed by Governor Hyacinth Alia in February that year in Benue State.
The suit had sought the intervention of the Honourable Court to declare as null and void the Executive Order proclaimed by Governor Alia which content were both a violation of the fundamental human rights of Nigerian citizens in Benue State, even as they constituted abuse of power and represented an attempt to exercise law making powers not donated to the governor by the constitution of Nigeria.
We were convinced that our action was taken as a duty to save the state from the threat of Executive recklessness and dictatorship manifest in Governors Alia’s action, which if not nipped in the bud were headed in the direction of undermining the cherished foundations and values of constitutional democracy upon which it remains our hope that a just, strong and prosperous Benue State will be built.
As at the time of our initiating the lawsuit, there were already several instances of abuse of the obnoxious law to trample on citizens rights in the state.
There had occured arbitrary closures of business premises, arrests of citizens on trumped-up charges, disruption of public gatherings, including worship services in churches, all under the pretext of enforcement of the Executive Order, and predictably, all of the victims targeted were persons and groups known not to be in the good books of Governor Hyacinth Alia.
There was no doubt that the law was a cruel instrument in the hand of a governor with a high degree of contempt for the rule of law, a morbid level of intolerance for opposition of whatever kind, and a lively appetite for jackboot tactics against perceived opponents.
We had, therefore, sought the following declarations of the Honourable Court:
- 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 was illegal and unconstitutional as it violated sections 40, 41, 45(1) of the 1999 Constitution and Article 11 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap. 10, Laws of the Federation of Nigeria, 1990.
- That the provisions of the Public Order Act, Cap. 382, Laws of the Federation of Nigeria, 2004, upon which the Executive Order made by Governor Hyacinth Alia and signed on 27th February, 2024 was purportedly premised, was itself illegal and unconstitutional as it contravenes sections 40, 41, 45(1) of the 1999 Constitution (as Amended) and Article 7 of the African Charter on Human and People’s Rights, Cap. 10, Laws of the Federation of Nigeria, 1990.
- That the Defendants are not competent 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 the hour of 10 PM.”
After close to two years of maintaining due diligence and staying resolute in the pursuit of our just cause, the Honourable Court on Friday, 30th January, 2026 gave judgement in the matter, and expectedly, it was overwhelmingly in our favour.
The Learned Trial Judge Hon. Justice Theresa Igoche, in delivering the judgement, had firstly dismissed the Preliminary Objections filed by the Benue State Government represented by Mohammed Ndarani, SAN and the Honourable the Attorney General of Benue State, as the objections were held to be lacking in merit, baseless and predicated purely on needless procedural technicalities which the courts have since departed from in favour of doing substantial justice.
The Learned trial judge in deciding on the main suit held that the Executive Order Act upon which the Executive Order of Benue State was made has since been set aside by the Supreme Court and that the Executive Order had no lawful basis or justification whatsoever.
The Court accordingly granted ALL the reliefs we had sought and made the following orders:
- AN ORDER OF PERPERTUAL INJUNCTION restraining the Defendants whether by themselves, agents, privies and servants from giving effect or enforcing the Executive Order made by the Executive Governor of Benue State signed on the 28th February 2024, as same is illegal, unreasonable and ultra vires the powers of the Defendants and in direct breach with the clear provisions of the constitution of the Federal Republic of Nigeria 1999 (As Amended)
- AN ORDER OF THE HONOURABLE COURT setting as null and void, the Executive Order made by the Executive Governor of Benue State signed on the 28th February 2024 as same is illegal, unreasonable and ultra vires the powers of the Defendants and in direct breach with the clear provisions of the constitution of the Federal Republic of Nigeria 1999 (As Amended)
We hail the judgement as a win for the rule of law under constitutional democracy.
The judgement reinforces hope that with men of good conscience standing up to fight in defence of the fundamental rights of citizens, a just society is possible.
Chief Bemgba Iortyom,
Immediate Past State Publicity Secretary,
PDP, Benue State.
Amb. Adebayo Lion Ogorry,
Executive Director,
Centre for Social Justice, Equity and Transparency (CESJET).