EXECUTIVE ORDER PURSUANT TO SECTION AND SECTION 14 (2) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) AND SECTION 10 OF THE PUBLIC ORDER ACT (CAP. 382) LAWS OF THE FEDERATION OF NIGERIA 2004.
In exercise of the powers conferred on me by the Section 14 (2) of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Section 10 of the Public Order Act (cap. 382) Laws of the Federation of Nigeria 2004 and all other powers enabling me in that behalf, I Rev. Fr. Dr. Hyacinth Iormem Alia, Executive Governor of Benue State, hereby issue the following Orders:
There shall be observance, preservation and maintenance of Public Order throughout Benue State by all Benue Citizens in the cities, towns and villages, with effect from this 28th day of February, 2024.
i. By this Order, there is hereby established a Department of Public Order in the Benue State Ministry of Justice and Public Order.
ii. The Department shall be responsible for carrying out Government policies and programs as well as coordinating all matters relating to Public Order.
All acts in violation of Public Order in the State are hereby prohibited, and any person found perpetrating the following acts shall be punished accordingly.
Driving against normal flow of traffic. Disobedience of traffic lights and officers.Abandonment, or parking of vehicles on traffic lanes or drive-ways.Over speeding and overloading of vehicles. Over taking by commuters against “the keep right rule”.Driving while drunk or under the influence of alcohol.
From the commencement of this Order the underlisted acts are prohibited and shall be sanctioned, namely;Open defecation and urination.
Loitering about at late hours from 12:00 midnight to 5:00 A.M unless for emergency or very important matters.Cross-usage of public lavatories by men and women.
Indiscriminate dumping of waste or garbage on Road-Dividers, gutters and other unauthorized places.
Indiscriminate throwing of empty water sachets and polythene bags in the public.
Excavation of roads and causing of any form of obstruction on the road.
Driving and vehicle under this Section includes;(i)Riding of Bicycles (ii)Riding of Motorcycles(iii) Riding of Tricycles(iv) Driving of Motor vehicles of all kinds(v) Driving of Tractors, Bulldozers or any Heavy Duty or construction earth equipment of all kinds Under this Order, the following acts are hereby prohibited, namely; Demanding and collection of “matching ground” (illegal levies) from developers, investors etc by the Community or Traditional Rulers or youths or any other person.
Farming on empty unfenced plots of land or in front of any premise(s), or on the street, or by the road side within urban areas.Farming on undeveloped areas of Government offices or Quarters or reserved areas/landsBuilding across water channels or drainages.
Building structures, kiosks, shanty(ies) etc on the right of way Hawking or selling of goods of any kind by the road side or on the road.
From the commencement of this Order, rallies, wakes and other forms of public gatherings shall not hold beyond the hours of 10:00PM in the State.
PROVIDED that any person, organization or group that intends to hold a gathering beyond 10:00PM must first seek and obtain a permit from the Department of Public Order at the Ministry of Justice and Public Order, Benue State.
All businesses in the cities, towns and villages in Benue State shall close by 12:00 midnight and shall not operate beyond the said hours in the night except health workers, security operatives and other essential services.
PROVIDED that any person, organization, company or corporation that intends to carry on their business beyond 12:00 midnight must first seek and obtain a permit from the Department of Public Order at the Ministry of Justice and Public Order, Benue State.
No minor in any family within the state shall be sent on any errand or hawking of any goods or product during School hours or beyond the hour of 6:00pm.
All acts carried out or perpetrated in violation of public morality and public decency are hereby prohibited namely;Strippers club or naked strip dancing.Any form of prostitution in public places or commercial sex hawking.
Use of minors as bartenders or any form or class of work in a drinking joint.Indecent dressing or any form of nudity.
No accommodating of minors at hotels or brothels except with the consent of their parents or guardians.
Disrespect for elder(s).Disrespect for those in authority and institutions of authority.
False information on social media (hate speech).Under this Order, any person desiring special consideration or waiver to be granted for whatever purpose shall apply to the Department of Public Order for a permit under such terms and conditions as the Department may grant.
Any person who acts in contravention of any of the provisions of this Order shall be summarily tried and punished in line with the provisions of the extant laws operating in the State.
If such act is already prescribed as an offence under any existing law, otherwise shall be punished in line with the provisions of the Order to wit:A fine of not less than N20,000.00 (Twenty Thousand naira) and not more than N500,000.00 (Five Hundred Thousand Naira), taking into cognizance the conduct of the offender and the act involved.
Failure to pay the fine imposed upon conviction;If an item/property is involved, same shall be impounded until the fine is paid. PROVIDED that upon failure to pay the fine within 30 days from the date of commission of the offence, the property shall be forfeited to the Benue State Government.
If a person is involved, the person shall be sent to the custodial centre for a custodial term of not less than one (1) month and not more than twelve (12) months.
Any Magistrate or Area Court Judge or Public Order Tribunal Chaired by Justice of peace shall have jurisdiction to try and convict the offenders. 12 (i) There is hereby established for the State a Public Order Advisory Committee, whose responsibility shall be to advise the Government on policies and programs for the restoration, attainment, preservation and maintenance of Public Order and safety in Benue State at all times.(ii) Other functions of the Advisory Committee shall be as contained in the guidelines for the Public Advisory Committee to be published in the official Gazette.
13 (i) A body to be known as Public Order Committee is hereby established in every Local Government Area of the State. (ii) Part of the functions of the Public Order Committees at the Local Government levels Shall be to liaise, synergize and collaborate with the Public Order Advisory Committee, the Department of Public Order and other stakeholders in securing, preserving and maintaining Public Order in Benue State.
(iii) Other functions of the Public Order Committee are as contained in the guidelines for public order to be published in the official Gazette.
14 (i) There is hereby established for the State a body to be known as the Public Order Taskforce, which shall operate throughout the State inclusive of the Local Government Areas of the State.(ii) There shall be a Public Order Tribunal in different parts of the State to complement the work of the Committees, the Departments of Public Order and the Taskforce.(iii) The Taskforce shall be responsible for the preservation and enforcement of provisions on Public Order.
(5) Other functions of the Taskforce, the Tribunals and the Arbitration Panels are as contained in the guidelines to be published in the official Gazette and made available by the Department of Public Order.
SIGNED UNDER MY HAND AND SEAL THIS 28TH DAY OF FEBRUARY, 2024. REV. FR. DR. HYACINTH IORMEM ALIA,
EXECUTIVE GOVERNOR OFBENUE STATE.
