By Prof Mike Ozekhome SAN
INTRODUCTION
CHALLENGES BEDEVILLING THE ECOWAS PROTOCOL ON TRANSHUMANCE (continues)
The inaugural installment of this treatise dealt with historical background of transhumance and its contemporary challenges. Thereafter, it examined the ECOWAS Protocol and challenges vis-avis transhumance, starting with free movement and national security. This week’s installment continues with that theme, with a focus on farmer-herder conflicts; its stain on the economy and environment and its negative impact on modern livestock practices, later we will make a case for reviewing the protocol on transhumance; challenging the dynamics of security; climate change and land security; national sovereignty and regional integration; promoting ranching and alternative livelihoods. This will be followed by suggested strategic solutions such as balancing regional integration and national security-including strengthening border security and management systems; enhancing intelligence sharing and security cooperation within the sub-region and strengthening extradition and mutual legal assistance treaties. Read on.
1. FARMER-HERDER CONFLICTS
The ECOWAS Protocol does not account for changing demographics, land use patterns and climate change, leading to violent clashes between farmers and herders. Invariably, it is herders armed with AK-47 rifles that usually graze on farmers’ farmlands and wherever challenged, they unleash mayhem, kill, rape and overrun such communities. In Nigeria, these conflicts have resulted in thousands of deaths and internal displacements, particularly in the Middle Belt (Benue, Plateau, Taraba). ECOWAS lacks enforcement mechanisms to regulate transhumance effectively.
In the past, land in Nigeria was owned mostly by communities. Usually, the head of each community and these pastoralists have a well-defined mechanism of ensuring that conflicts are minimized to the barest minimum. Under the extant Land Use Act of Nigeria, it is provided that all the land in each state is owned by the Governor who holds it in trust for the people of Nigeria. The Governor gives a holder of an interest in land a “Right of Occupancy” as evident in a document called “Certificate of Occupancy”. See the cases of Adisa v. Oyinwola & Ors (2000) LPELR-186(SC) and Omatha Investments & Property LTD v. Awosanya (2023) LPELR – 60685 (CA).
Most Governors, unfortunately, have no clue about pastoralism and the challenges of these herders. Some of them do not have any land reserved for grazing or farming in their states and have therefore enacted laws proscribing open grazing. The arguments is that these laws target herders without taking into consideration the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) regarding freedom of movement and the ECOWAS Protocol on Transhumance. The Farm Settlement Schemes established while Nigeria was practising regionalism have since died under the watch of these Governors. Even in states where there are grazing reserves or policies to that effect, such policies have largely failed due to poor implementation and lack of funding.
2. ECONOMIC AND ENVIRONMENTAL STRAIN
Another challenge of the ECOWAS Protocol on transhumance is that it is mostly unregulated. I doubt if any of the signatories to the protocol have a database of the herders in their countries and where they are. This is an institutional failure of the government. Unfortunately, unregulated grazing leads to massive crop destruction, huge economic losses for farmers, and environmental degradation (e.g., deforestation, soil erosion), etc.
3. UNDERMINING MODERN LIVESTOCK PRACTICES
The ECOWAS Protocol perpetuates open grazing which is increasingly unsustainable due to urbanization and shrinking grazing reserves. Nigeria and other West African nations must now embark on policies that encourage ranching and sedentarization of pastoralists.
THE CASE FOR REVIEWING THE ECOWAS PROTOCOL ON TRANSHUMANCE
4. Changing Security Dynamics
The rise of jihadist groups (e.g., ISWAP, Ansaru) and armed banditry linked to transhumance necessitates stricter regulations. A lecturer at the Taraba State University, Prof. John Ajai, shared such view (https://punchng.com/taraba-varsity-lecturer-writes-tinubu-calls-for-ban-on-open-grazing/> Accessed on 2nd May, 2025.). In his recent letter to President Bola Ahmed Tinubu. He said “unregulated cross-border movements have enabled not just pastoralists but heavily armed groups to enter Nigerian territories under the guise of transhumance”. He argued that the ECOWAS protocol, initially aimed at facilitating peaceful pastoral mobility across West Africa, has been “hijacked by criminal networks and insurgents,” leading to the displacement of indigenous communities and the destruction of livelihoods in states such as Benue, Plateau, and Nasarawa. Citing a USAID-funded report, Ajai noted that between 2015 and 2019, Nigeria recorded “approximately 7,000 deaths and an estimated $13bn in annual economic losses” due to conflicts linked to pastoral activities.
Nigeria must advocate for a revised Protocol that mandates biometric registration of pastoralists and tracking of livestock movements across the length and breadth of Nigeria.
5. Climate Change and Land Scarcity
Desertification and shrinking Lake Chad have reduced grazing lands, increasing competition for resources. The Protocol should integrate climate adaptation strategies, such as designated grazing corridors and water management policies.
6. National Sovereignty vs. Regional Integration
While ECOWAS promotes free movement, member states must prioritize domestic security. A revised Protocol is required to allow countries impose temporary restrictions on transhumance during periods of crises and national emergencies.
7. Promoting Ranching and Alternative Livelihoods
The Protocol should incentivize ranching and feedlot systems, reducing reliance on open grazing. ECOWAS could establish a fund to support pastoralists in transitioning from pastoralism to modern livestock practices.
STRATEGIC SOLUTIONS: BALANCING REGIONAL INTEGRATION AND NATIONAL SECURITY
Addressing the menace of criminal infiltration under the ECOWAS Protocol requires a multifaceted and collaborative approach that balances Nigeria’s commitment to regional integration with the imperative of safeguarding national security. The following strategic solutions warrant serious consideration:
1. Strengthening Border Security and Management Systems.
a. Increased Investment in Technology: Deploying advanced biometric identification systems at all major border crossings to accurately verify the identities of entrants and cross-reference them against national and regional criminal databases. Implementing surveillance technologies, including CCTV, drones, and ground sensors, to monitor border areas effectively. Investing in vehicle and cargo scanning equipment to detect the movement of illicit goods and weapons.
b. Enhanced Training and Capacity Building for Border Personnel: Providing comprehensive training to immigration, customs, and security personnel on modern border management techniques, including profiling, document fraud detection, intelligence gathering, and human rights. Increasing the number of trained personnel deployed to border areas to ensure adequate coverage.
c. Integrated Border Management Strategy: Developing and implementing a national integrated border management strategy that fosters seamless coordination and information sharing among all relevant security agencies operating at the borders. Establishing joint operation centers and protocols for inter-agency collaboration.
d. Community Engagement in Border Security: Fostering partnerships with border communities through awareness programs and intelligence networks to enhance local vigilance and reporting of suspicious activities.
2. Enhancing Intelligence Sharing and Security Cooperation within ECOWAS:
a. Establishment of a Robust Regional Criminal Intelligence Database: Actively participating in and advocating for the establishment of a centralized, real-time, and secure ECOWAS-wide criminal intelligence database accessible to authorized security agencies in all member states. This database should include biometric data, criminal records, and information on suspected terrorist groups and organized criminal networks.
b. Strengthening Joint Intelligence Operations: Establishing and expanding joint intelligence units with neighboring ECOWAS countries to conduct coordinated analysis, share information on cross-border threats, and plan joint operations.
c. Regular Security Summits and Information Exchange Forums: Organizing regular high-level meetings and technical workshops among security chiefs and intelligence agencies of ECOWAS member states to discuss emerging threats, share best practices, and coordinate security strategies.
d. Full Implementation and Utilization of West Africa Police Information System (WAPIS): Ensuring the full and effective implementation and utilization of the West Africa Police Information System (WAPIS) to facilitate the exchange of critical crime-related data among law enforcement agencies in the region.
3. Strengthening Extradition and Mutual Legal Assistance Treaties: Reviewing and strengthening existing extradition treaties and mutual legal assistance agreements among ECOWAS member states to streamline the process of apprehending and prosecuting cross-border criminals.
CONCLUSION AND RECOMMENDATIONS
The ECOWAS Protocol on Transhumance, though initially well-intentioned, is now outdated and ill-equipped to address emergent contemporary security and environmental challenges. Nigeria must lead efforts to immediately review the Protocol, incorporating:
• Stricter regulations on cross-border pastoral movements.
• Promotion of ranching and livestock modernization.
• Enhanced regional cooperation on counter-terrorism and conflict resolution.
• Climate adaptation strategies for sustainable pastoralism.
Without urgent reforms, transhumance-related conflicts will continue to destabilize Nigeria and the wider West African region. It is a no-win situation. (The end).
THOUGHT FOR THE WEEK
Almost half of the population of the world lives in rural regions and mostly in a state of poverty. Such inequalities in human development have been one of the primary reasons for unrest and, in some parts of the world, even violence. (A. P. J. Abdul Kalam).
