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Court adjourns trial against Benue governor’s executive order to September 26

The Benue State Excessive Court docket sitting in Makurdi, the state capital, has fastened Monday, September 26, 2024, to listen to the go well with difficult the governor’s govt order.

The Peoples Democratic Get together State Secretary for Publicity, Mr Bemgba Iortyom, and human rights activist, Mr Adebayo Ogorry, had sued the state authorities, the state governor and the Lawyer Basic and Commissioner for Justice and Public Order.

The plaintiffs argued that the general public order signed by the governor significantly violates the basic rights of residents and represents a “dictatorship empire” that should be stopped.

Recall that on February 27, 2024, Alia signed the manager order banning public gatherings and all types of occasions, together with vigils, ceremonies, and non secular capabilities after 10:00 p.m. A number of different actions had been additionally banned.

When the matter got here up for listening to on Monday, Terna Agerzua, who represented Mohammed Ndarani, SAN, as counsel to the governor and the state authorities, drew the eye of the courtroom to his software for an extension of time for the submitting of his memorandum of look and defence within the go well with.

Jones Okwe, who appeared for the Lawyer Basic and Commissioner for Justice and Public Order, additionally filed a request for an extension of time to regularise his trials.

The presiding choose, Choose Theresa Igoche, granted each requests.

Joseph Ogizi, who represented the plaintiffs within the case of Abdul Mohammed, SAN, knowledgeable the courtroom that the matter can be heard on Monday.

Nonetheless, he stated the defendants within the lawsuit had served him with summonses on Sunday and shortly earlier than the listening to.

He requested the courtroom for a brief adjournment in order that he might reply to the procedural paperwork served on him.

After listening to Ogizi’s assertion, Justice Igoche adjourned the matter to September 26, 2024 for a last listening to.

The plaintiffs search, inter alia, a declaration that the requirement to “first apply for and procure a allow from the Public Order Division of the Ministry of Justice and Public Order, Benue State, for holding rallies, vigils and different types of public gatherings is unlawful and unconstitutional because it contravenes sections 40, 41, 45(1) of the 1999 Structure and Article 11 of the African Constitution on Human and Individuals’s Rights (Ratification and Enforcement) Act, Cap. 10, Legal guidelines of the Federation of Nigeria, 1990.

“That the provisions of the Public Order Act, Cap. 382, ​​Legal guidelines of the Federation of Nigeria, 2004, on which the Govt Order of Governor Hyacinth Alia and signed on February 27, 2024 was allegedly based mostly, are in themselves unlawful and unconstitutional as they battle with sections 40, 41, 45(1) of the Structure of 1999 (as amended) and Article 7 of the African Constitution on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10, Legal guidelines of the Federation of Nigeria, 1990.

“That this courtroom declare the defendants incompetent underneath the Public Order Act, Cap. 382, ​​Legal guidelines of the Federation of Nigeria, 2004, or underneath any regulation enacted by the Nationwide Meeting or the Home of Representatives of Benue State, to grant a allow for holding rallies, vigils or different public gatherings after 10 p.m., moreover different damages.”

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