Benue State High Court sitting in Makurdi has invalidated an Executive Order issued by Governor Hyacinth Alia, declaring it unconstitutional, unlawful and an abuse of executive authority.

The judgement, delivered on Friday, January 30, 2026, by Justice Theresa Igoche, reaffirmed the supremacy of the Constitution and strengthened public confidence in Nigeria’s democratic system and the rule of law.

The ruling arose from Suit No: MHC/234/2024, filed by Chief Bemgba Iortyom and Ambassador Adebayo Ogorry against the Benue State Government and others. Iortyom is a former State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, while Ogorry serves as Executive Director of the Centre for Social Justice, Equity and Transparency (CESJET).

The suit, instituted in June 2024, challenged an Executive Order issued by Governor Alia in February 2024. The plaintiffs argued that the order infringed on fundamental human rights and amounted to an unlawful attempt by the governor to assume legislative powers not granted under the 1999 Constitution.

According to the plaintiffs, their action was motivated by the need to protect the state from what they described as executive excesses and a growing tendency toward authoritarian rule. They warned that allowing the order to stand would erode the core principles of constitutional democracy.

They cited alleged abuses linked to the Executive Order, including arbitrary closure of businesses, unlawful arrests, and interference with public and religious gatherings. The plaintiffs claimed that those targeted were mainly individuals and groups perceived as critics of the state government.

Among the reliefs sought was a declaration that the requirement for citizens to obtain permits from the Department of Public Order in the Ministry of Justice before holding rallies, wakes, or other public gatherings was unconstitutional. They maintained that the provision violated Sections 40, 41 and 45(1) of the Constitution, as well as the African Charter on Human and Peoples’ Rights.

They also challenged the application of the Public Order Act, arguing that it was inconsistent with constitutional guarantees of freedom of association and movement, and that neither the governor nor any state authority had the power to regulate public gatherings or impose curfews through executive orders.

In her judgement, Justice Igoche dismissed the preliminary objections raised by the Benue State Government and the Attorney-General, describing them as frivolous and rooted in technicalities that courts have abandoned in favour of substantive justice.

On the merits of the case, the court held that the law relied upon in issuing the Executive Order had already been nullified by the Supreme Court, rendering the order legally unsustainable. All reliefs sought by the plaintiffs were consequently granted.

The court issued a perpetual injunction restraining the Benue State Government and its agents from enforcing the Executive Order signed on February 28, 2024, and formally declared it null, void, illegal and ultra vires.

Reacting to the judgement, Iortyom and Ogorry, in a joint statement, described the ruling as a triumph for constitutionalism and the rule of law. They said it renewed hope that justice and accountability can prevail when citizens courageously defend their fundamental rights.

“The judgement strengthens public confidence in the judiciary as the last hope of the common man and affirms that no authority is above the Constitution,” the statement read.