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From Scholastica Hir, Makurdi
A Benue State High Court sitting in Makurdi has nullified an Executive Order issued by Governor Hyacinth Alia, ruling that it was unconstitutional, illegal and an abuse of executive powers.
The judgement, delivered last Friday, January 30, 2026, by Justice Theresa Igoche, reinforced confidence in the rule of law under Nigeria’s constitutional democracy.
The court gave the verdict in Suit No: MHC/234/2024 between Chief Bemgba Iortyom and Adebayo Ogorry as plaintiffs, and the Benue State Government and others as defendants.
Chief Iortyom is the immediate past State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, while Ogorry is the Executive Director of the Centre for Social Justice, Equity and Transparency (CESJET).
The suit, instituted in June 2024, challenged the legality of an Executive Order proclaimed by Governor Alia in February 2024, which, according to the plaintiffs, violated fundamental human rights and amounted to an attempt by the governor to exercise law-making powers not conferred on him by the Constitution.
The plaintiffs told the court that their action was driven by a sense of duty to protect Benue State from what they described as executive recklessness and creeping dictatorship, warning that failure to challenge the order would undermine the foundations and values of constitutional democracy.
They cited several instances where the Executive Order was allegedly used to trample on citizens’ rights, including arbitrary closure of business premises, arrests on trumped-up charges, and disruption of public gatherings, including church worship services. According to them, those affected were largely individuals and groups perceived to be critical of the state government.
In their reliefs, the plaintiffs asked the court to declare unconstitutional the requirement that citizens must first obtain permits from the Department of Public Order in the Ministry of Justice before holding rallies, wakes and other public gatherings.
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They argued that the provision violated Sections 40, 41 and 45(1) of the 1999 Constitution, as amended, as well as provisions of the African Charter on Human and Peoples’ Rights.
They also challenged the reliance on the Public Order Act, arguing that the law itself was inconsistent with constitutional guarantees of freedom of association and movement, and that neither the governor nor any state authority had the power to issue permits for public gatherings, especially beyond 10 p.m.
After nearly two years of legal battle, the court resolved all issues in favour of the plaintiffs. Justice Igoche first dismissed the preliminary objections raised by the Benue State Government, represented by Mohammed Ndarani, SAN, and the state Attorney-General, describing the objections as baseless and anchored on technicalities which courts have moved away from in favour of substantial justice.
On the substantive suit, the judge held that the law upon which the Executive Order was premised had already been set aside by the Supreme Court, leaving the order without any lawful foundation. The court consequently granted all the reliefs sought by the plaintiffs.
Justice Igoche issued an order of perpetual injunction restraining the Benue State Government and its agents from enforcing or giving effect to the Executive Order signed on February 28, 2024. The court also formally set aside and declared the Executive Order null and void for being illegal, unreasonable and ultra vires the powers of the defendants.
Reacting to the judgement in a joint statement, Chief Bemgba Iortyom and Ambassador Adebayo Ogorry hailed the decision as a victory for the rule of law and constitutional democracy.
They said the ruling had restored hope that a just society is achievable when citizens of good conscience stand up to defend fundamental rights.
The statement said “The judgement reinforces faith in the judiciary as the last hope of the common man and underscores the fact that no authority is above the Constitution.”
