A Benue State High Court in Makurdi presided over by Justice Theresa Igoche, Monday fixed July eight for the hearing of the suit challenging the public order Law in Benue State.
Benue State Publicity Secretary of the Peoples Democratic Party, PDP, Bemgba Iortyom and Human Rights crusader, Adebayo Ogorry, had dragged the Benue State Government, the Governor of Benue State and the Attorney General and Commissioner of Justice and Public Order to court, arguing that the law infringes on fundamental rights of citizens and describing it as dictatorial.
The plaintiffs in their suit are seeking the court to declare illegal the requirement that people should first seek and obtain a permit from the Benue State Department of Public Order at the Ministry of Justice and Public Order to hold rallies, wakes and other forms of public gatherings also the provisions of the Public Order Act of two thousand and four, upon which the Executive Order made by Governor Hyacinth Alia and signed on 27th was purportedly premised.
They noted that it is unconstitutional as it violates sections of the nineteen ninety-nine Constitution and Article eleven of the African Charter on Human and People’s Rights of nineteen ninety.
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The plaintiffs further prayed the court to declare the Defendants incompetent under the Public Order Act of two thousand AND four, 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 ten PM, amongst other reliefs.
Governor Hyacinth Alia had on February twenty-seven signed the Executive Order banning public gatherings and holding of all forms of events, including wakes, ceremonies and religious occasions beyond the hour of Ten PMm, as well as prohibition of several other activities.
Speaking to newsmen in Makurdi after the court sitting on Monday, Iortyom questioned why the state would have a public order which seeks to criminalize simple togethering of people for their lawful engagements, running their legitimate businesses and even worshipers and mourners beyond a certain time.
He faulted the application of the law so far noting that it is as biased, lopsided and targeted at a certain section of the society and not just a law that is operative across the society.
The Benue PDP State Publicity Secretary disclosed that six officials of his party, including the Ward Chairman of his Mbagba Council Ward of Ushongo Local Government Area of Benue State were arrested last Friday, for going to the ward Secretariat to hold a routine administrative exercise.
According to Mr Iortyom, the six officials of the PDP were arrested on the orders of the Caretaker chairman of Ushongo Local Government Council who alleged that their going to work at the Ward Secretariat of the party constituted a violation of the ban on public gatherings in Benue State.
Mr Iortyom described as shocking the arrest of six PDP officials at the party’s office at a time aides of the governor are holding receptions across the state and even the governor is currently holding a thank you tour across the state, which even exceeds 10pm.
He further stated that, the order is not targeted at the good of Benue State, but rather is evidently a weapon to witch-hunt and to gag opponents of the Alia administration.
