Opinion
The Oracle: Disputes Between States and the Federation: Examining the Jurisdiction of the Supreme Court (Pt. 2)
Published
2 years agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
The first part of this piece was foundational: it discussed the import and legal bases of jurisdiction as an incident of judicial power; how it is determined and the highest institutional source of its expression – the Supreme Court. We analysed the composition of the court and factors which affect its jurisdiction.
In this piece, we go deeper into the constitution of the apex court in terms of its membership and how it impinges on its jurisdiction. We then move on to a discussion of how the subject matter of a case determines a court’s jurisdiction and the conditions precedent to assumption of jurisdiction by a court.
We then dwell, in ever greater detail, with the constitution of the apex court, before going on to define ‘controversy’ and ‘dispute’; the latter, first generally, before concluding with its meaning for the purpose of invoking its original jurisdiction. Enjoy.
THE CONSTITUTION OF A COURT AND THE QUALIFICATION OF ITS MEMBERS
MEMBERSHIP JURISDICTION
Where a court is not duly constituted as to the number and qualification of the judges or justices to sit in adjudication over a matter, the court is robbed of jurisdiction to adjudicate on that matter. For instance, the number of Justices required to sit at the Supreme Court to hear a case to hear a case that borders on its original jurisdiction is seven (7). Thus, where five (5) Justices sit and adjudicate over a matter, the court will clearly be without jurisdiction due to improper constitution. Again, assuming a seven-man panel sits on the matter and one of the Justices is only thirteen (13) years post-call at the Bar, the entire panel is disqualified and any exercise it carries out will fail, as no amount of beauty in its adjudication can save it.
SUBJECT MATTER JURISDICTION
For a court to assume jurisdiction, the subject matter must be within its jurisdiction. The Constitution or statute that creates the court prescribes the subject matter to be adjudicated upon. Consequently, where a matter falls within the subject matter of a court, the court is said to have a subject matter or substantive jurisdiction; but where it falls outside the subject matter, the court is said not to have jurisdiction. Any exercise thereto in such a case shall be rendered in futility, as its decision shall be quashed on appeal. For instance, a dispute between two States, or between a State and the Federation is within the subject matter of the Supreme Court’s original jurisdiction. Consequently, where a Supreme Court that involve parties other than these, any exercise thereto shall be rendered in futility, and any decision emanating from it shall also be quashed. The scenario plays, out where a dispute which involves parties, over before which the apex court has jurisdiction is filed before any other court.
CONDITIONS PRECEDENT TO ASSUMPTION OF JURISDICTION
For a court to properly assume jurisdiction, “due process” must have been followed in initiating the same. However, we must bear in mind that there could be a mere unsubstantial technicality that does not affect the competence of the court, and a substantial technicality which affects the competence of the action and robs the court of its jurisdiction. In the case of CITY ENG. (NIG) LTD V. NAA,the court held that there is a distinction between mere or unsubstantial technicality in proceedings that are competent and within the jurisdiction of a trial court, and a substantial technicality which amounts to a condition precedent to the commencement of an action and which renders the proceedings incompetent and manifestly or incurably defective. Interestingly, while the former may be waived, the latter, as a general rule, may not be waived because acquiescence does not and cannot confer jurisdiction to a court. For instance, while a procedural rule of courts may be waived where it does not occasion a miscarriage of justice, statutory provisions containing condition precedent to the commencement of an action cannot be so waived.
To further appreciate this position, some examples of conditions precedent which, if not complied with, may render proceedings incompetent and rob the court of jurisdiction are, amongst others, as follows:
- Giving Pre-action Notice
- Limitation Act
- Where there is no service of the court process
- Locus Standi
- Geographical Territory
- Financial Limit.
THE JURISDICTION OF THE SUPREME COURT OF NIGERIA
The Jurisdiction of the Supreme Court of Nigeria is provided in Section 232 of the Constitution and the Supreme Court (Additional Original Jurisdiction) Act, 2002. The jurisdiction may original/exclusive, appellate or supervisory. However, this discourse focuses on the original/exclusive jurisdiction of the Supreme Court, and the same is limited only to disputes between States and the Federation. For purposes of clarity, it is necessary to reproduce the provisions of the law – verbatim ad literatim.
Section 232 (1) of the 1999 Constitution, as amended provides thus:
“The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a State or between States if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.
(2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the National Assembly. Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.”
In A.G. OF THE FEDERATION V. A.G, OF ABIA STATE & 35 ORS, Belgore, J.S.C (rtd); examined the provisions of Section 232(1) of the 1999 Constitution and held that:
- The sub-section presupposes that there must a dispute either between the Federation and States or between States; and
- The disputes must pertain to the existence of a legal right or its extent; it must also relate to a question of law or a fact or both.
Section (1) and (2) of the Supreme Court (Additional Original Jurisdiction) Act, 2002, provides thus:
- “In addition to the jurisdiction conferred upon the Supreme Court of Nigeria by section 232 (1) of the 1999 Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between–
- the National Assembly and the President;
- the National Assembly and any State House of Assembly; and
- the National Assembly and the State of the Federation,
In so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.
- Nothing in this Act shall be construed as conferring original jurisdiction upon the Supreme Court with respect to any criminal matter.”
DEFINITION OF TERMS
“DISPUTE”
This takes us to the meaning of “dispute” generally. The word “dispute” is not defined in our Constitution. However, the Courts have had cause to pronounce on its meaning. In Webster’s New Twentieth Century Dictionary (unabridged); the term “dispute” is defined as being synonymous with controversy. It defines it as “an attempt to prove and maintain one’s own opinions, argument or claims of another, controversy in words.” The Black’s Law Dictionary, (5th Edition), define ‘dispute’ as: “A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim or demand on one side, met by contrary claims or allegation on the other. The subject of litigation is the matter for which a suit is brought and upon which issue is joined…”
“CONTROVERSY”
A dispute under Section 232(1) of the Constitution (the section dealing with the original jurisdiction of the Supreme Court) must be one that is appropriate for judicial determination. It includes suits of civil nature and must raise an issue or question (whether of law or fact) on which the existence or extent of a legal right depends. It must be real and substantial. It must be definite and concrete. The word “controversy” was considered in the case of AETNA LIFE INSURANCE COMPANY OF HARTFORD, CONN V HARWORTH. In that case, Chief Justice Hughes said: “a controversy in this sense must be one that is appropriate for judicial determination. A justiciable controversy is thus distinguished from a difference or dispute of a hypothetical or abstract character, from one that is academic or moot. … It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.”
In A.G. OF THE FEDERATION V. A.G, OF ABIA STATE & 35 ORS, the word ‘dispute’ was defined by my Lord S.M.A. Belgore, J.S.C., C.J.N. (as he then was), as follows: “To my mind, a dispute involves acts of argument, controversy, debate, claims as to rights, whether in law or fact, varying opinions, whether passive or violent or any disagreement that can lead to public anxiety or disquiet. I will not close the category of disputes.” A dispute is a conflict of claims or rights or demands on one side met by contrary allegations on the other side.
“DISPUTE” FOR THE PURPOSE OF INVOKING THE ORIGINAL JURISDICTION OF THE SUPREME COURT
In A.G ABIA v. A.G FEDERATION, Tabai, J.S.C. held thus: “With respect to the construction given to the word “dispute”, the opinion of the Court (Per Belgore, J.S.C. as he then was) is quite apposite in determining the issue of this Court’s jurisdiction in this case. On page 701 he said of “dispute” thus: ‘…A dispute is a dispute whether apparent or lingering. It is remarkable that in the counter-claims to the suit some States have admitted there is a dispute. This Court in Attorney- General of Bendel State V. Attorney-General of The Federation; Attorney-General of The Federation V. Attorney-General of Imo State, set out clearly what is a dispute to the extent of using authoritative English dictionary. To my mind, a dispute involves acts of arguments, controversy, debate, and claims as to rights whether in law or fact, varying opinions, whether passive or violent or any disagreement that can lead to public anxiety or disquiet.’”
The same Belgore, J.S.C. (as he then was) had earlier in A.G, OF THE FEDERATION v. A.G OF ABIA STATE, & 35 ORS held, inter alia, that the term dispute as used in section 232(1) of the 1999 Constitution “…Involves acts of arguments, controversy, debate, claims as to rights whether in law or fact, varying opinions, whether passive or violent or any disagreement that can lead to public anxiety or disquiet.”
To be continued…
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Opinion
The State of Leadership Today: A Look at Global, African and Nigerian Realities
Published
3 days agoon
January 31, 2026By
Eric
By Tolulope A. Adegoke PhD
“Leadership for our age is measured not by the height of the throne, but by the depth of its roots in integrity, the breadth of its embrace of collective talent, and the courage to cultivate systems that bear fruit for generations yet unseen” – Tolulope A. Adegoke, PhD.
Leadership today is at a crossroad. Around the world, in our communities, and within our organizations, old ways of leading are straining under new pressures. This isn’t just a theoretical discussion; it’s about the quality of our daily lives, the success of our businesses, and the future of our nations. Let’s walk through the current trends, understand their very real impacts, and then explore practical, hands-on solutions that can unlock a better future for everyone.
Part 1: The Leadership Landscape – Where We Stand
The Global Picture: Beyond the Solo Leader
The image of the all-powerful, decisive leader at the top of a pyramid is fading. Today, effective leadership looks different. It’s more about empathy and service than authority. People expect their leaders—in companies and governments—to be authentic, to listen, and to foster teams where everyone feels safe to contribute. Furthermore, leadership is now tightly linked to purpose and responsibility. It’s no longer just about profits or power; stakeholders demand action on climate, fair treatment of workers, and ethical governance. Leaders must also be tech-savvy guides, helping their people navigate constant digital change while dealing with unpredictable global events that disrupt even the best-laid plans.
Africa’s Dynamic Challenge: Youth and Promise
Africa’s story is one of incredible potential meeting stubborn challenges. The continent is young, energetic, and full of innovative spirit. Yet, this tremendous asset often feels untapped. Too frequently, a gap exists between this rising generation and established leadership structures, leading to frustration. While the African Continental Free Trade Area (AfCFTA) presents a historic chance for economic unity, it requires leaders who think beyond their own borders. At the same time, democratic progress sometimes stalls, with leaders clinging to power. The most pragmatic leaders are those who engage with the vibrant informal economy—the hustlers, market traders, and artisans—who form the backbone of daily life and hold the key to inclusive growth.
Nigeria’s Pressing Reality: Crisis and Resilience
In Nigeria, the leadership experience often feels like moving from one emergency to the next. Attention is consumed by immediate crises—security threats, economic swings, infrastructure breakdowns—making long-term planning difficult. This has triggered a profound loss of confidence, visibly seen in the “Japa” phenomenon, where skilled professionals leave seeking stability and opportunity abroad. This brain drain is a direct critique of the system. Politics remains deeply influenced by ethnic and regional loyalties, which can overshadow competence and national vision. Yet, in the face of these trials, a remarkable spirit of entrepreneurial resilience shines through. Nigeria’s business people and tech innovators are daily solving problems and creating value, often compensating for wider systemic failures.
Part 2: The Real-World Impact – How This Affects Us All
These trends are not abstract; they touch lives, businesses, and countries in tangible ways.
· On Everyday People: When leadership is perceived as self-serving or ineffective, trust evaporates. People feel anxious about the future and disconnected from their leaders. This can manifest as cynicism, social unrest, or the difficult decision to emigrate. The struggle to find good jobs, feel secure, and build a future becomes harder, deepening inequalities.
· On Companies and Organizations: Businesses operate in a tough space. They face a war for talent, competing to retain skilled employees who have global options. They must also navigate unpredictable policies, provide their own power and security, and balance profitability with rising demands for social responsibility. The burden of operating in a challenging environment increases costs and risk.
· On Nations: Countries plagued by poor governance face a competitiveness crisis. They struggle to attract the kind of long-term investment that builds economies. Policy becomes unstable, changing with political winds, which scares off investors and stalls development. Ultimately, this can destabilize not just one nation but entire regions, as problems like insecurity and migration spill across borders.
Part 3: A Practical Pathway Forward – Building Leadership That Delivers
The situation is complex, but it is not hopeless. Turning things around requires deliberate, concrete actions focused on systems, not just individuals.
1. Fortify Institutions with Transparency and Merit.
We must build systems so strong that they work regardless of who is in charge.
· Action: Legally protect key institutions—the electoral body, the civil service, the courts—from political interference. Appointments must be based on proven competence and integrity, not connections.
· Action: Implement technology-driven transparency. Let citizens track government budgets and projects in real time through public online portals. Sunshine is the best disinfectant.
2. Bridge the Gap Between Leaders and the Led.
Leadership must become a conversation, not a monologue.
· Action: Create mandatory Youth Advisory Councils at all levels of government and in large corporations. Give young people a formal platform to contribute ideas and hold leaders accountable on issues like education, digital innovation, and job creation.
· Action: Leaders must adopt regular, unscripted “town hall” meetings and use simple digital platforms to explain decisions and gather feedback directly from citizens and employees.
3. Channel Entrepreneurship into National Solutions.
Harness the proven problem-solving power of the private sector.
· Action: Establish Public-Private Impact Partnerships. For example, the government can partner with tech companies to roll out digital identity systems or with agribusinesses to build modern farm-to-market logistics. Clear rules and shared goals are key.
· Action: Launch National Challenge Funds that invite entrepreneurs and researchers to compete to solve specific national problems, like local clean energy solutions or affordable healthcare diagnostics, with funding and market access as the prize.
4. Redeploy Nigeria’s Greatest Export: Its Diaspora.
Turn the brain drain into a brain gain.
· Action: Create a Diaspora Knowledge & Investment Bureau. This agency would actively connect Nigerians abroad with opportunities to mentor, invest in startups, or take up short-term expert roles in Nigerian institutions, transferring vital skills and capital.
· Action: Offer tangible incentives, like tax breaks or matching funds, for diaspora-led investments in critical sectors like healthcare, renewable energy, and vocational training.
5. Cultivate a New Mindset in Every Citizen.
Ultimately, the culture of leadership starts with us.
· Action: Integrate ethics, civic responsibility, and critical thinking into the core curriculum of every school. Leadership development begins in the classroom.
· Action: Celebrate and reward “Local Champions”—the honest councilor, the community organizer, the business owner who trains apprentices. We must honor integrity and service in our everyday circles to reshape our collective expectations.
Conclusion: The Work of Building Together
The challenge before us is not to find a single heroic leader. It is to participate in building a better system of leadership. This means championing institutions that work, demanding transparency in our spaces, mentoring someone younger, and holding ourselves to high ethical standards in our own roles.
For Nigeria and Africa, the possibility of a brighter future is not a dream; it is a choice. It is the choice to move from complaining about leaders to building leadership. It is the choice to value competence over connection, to seek common ground over division, and to invest in the long-term health of our community. This work is hard and requires patience, but by taking these practical steps—starting today and in our own spheres—we lay the foundation for a tomorrow defined by promise, stability, and shared success. The power to deliver that possibility lies not in one person’s hands, but in our collective will to act.
Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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Opinion
Globacom Redefines Standard for Telecoms in 2026
Published
5 days agoon
January 29, 2026By
Eric
By Michael Abimboye
As always, Globacom is at the heart of telecoms transformation in Nigeria. The acquisition of additional spectrum, is a decisive move that has expanded network capacity and fundamentally improved customer experience.
With the ability to carry significantly higher data volumes at greater speeds, users are seeing faster downloads, stronger uploads, seamless video streaming, and clearer voice calls even at peak periods. Crucially, this expansion has driven down latency. Independent performance testing has ranked Glo as the network with the lowest latency in Nigeria, meaning faster response times whenever data commands are initiated.
This spectrum advantage is being matched on the ground by the rollout of thousands of new LTE sites nationwide. Network capacity has increased pan-Nigeria, with noticeably higher download speeds across regions. At the same time, the installation of thousands of additional towers is easing congestion and closing coverage gaps, particularly in high-density locations such as markets and tertiary institutions, where demand for fast, reliable internet is highest.
Power reliability, often the silent determinant of network quality, is also being reengineered. Globacom has deployed hybrid battery power systems across numerous sites, reducing dependence on diesel while improving sustainability. Beyond cost efficiency, this greener model delivers stronger uptime ensuring uninterrupted power supply and optimal performance for base stations and switching centres.
Behind the scenes, Glo has upgraded its switching systems and data centres to accommodate rising traffic volumes nationwide. These upgrades are designed not only for today’s demand but to ensure the network consistently meets performance KPIs well into the future, even as data consumption continues to grow.
Equally significant is the massive reconstruction and expansion of Globacom’s optic fibre cable (OFC) network. Along highways and metro routes affected by road construction, fibre routes are being reconstructed and relocated to safeguard service continuity. Thousands of kilometres of new fibre have also been rolled out nationwide, fortifying the OFC backbone, improving redundancy, reducing network glitches, and enabling the network to handle increasingly heavy data loads with resilience.
These investments collectively address long-standing coverage gaps while driving densification and capacity enhancement in already active areas, ensuring a more balanced and reliable national footprint.
At the core layer, Globacom is modernising its network elements through new platforms and applications, upgraded enterprise and interconnect billing systems, and an expanding roster of roaming partners for both in-roaming and out-roaming services strengthening its integration into the global telecoms ecosystem.
Taken together, these are not incremental upgrades. They represent a deliberate, system-wide repositioning.
In 2026, Globacom is not just improving its network; it is asserting itself as the technical leader in Nigeria’s telecommunications industry and has gone on a spending spree to satisfy the millions of subscribers enjoying seamless connectivity across Nigeria.
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Opinion
How GLO Sustains Everyday Businesses in Kano, Nigeria’s Centre of Commerce
Published
1 week agoon
January 25, 2026By
Eric
By Dr Sani Sa’idu Baba
For more than two weeks, Kano woke up under a veil of fog. Not the poetic kind, but the stubborn Harmattan fog that dulls vision, slows movement, and disrupts daily rhythm. Dawn arrived quietly. Shops opened late. Calls failed repeatedly. Internet bars blinked on and off like uncertain promises. Across the state, one reality became impossible to ignore: communication had become a struggle. This reality carried even greater weight in the capital of Kano, the centre of commerce in Nigeria.
As Ramadan approaches and gradually leads to the celebration of Eid-el-Fitr, everyone understands what this season represents. It is a period when online businesses, both big and small, become a major source of livelihood for millions. Traders prepare for peak demand, online vendors scale up advertising, and buyers from across the country look to Kano for goods. Visitors stream in from other states, transactions multiply, and the success of this entire commercial ecosystem depends heavily on one thing: seamless network connectivity between buyers and sellers.
In Kano, where business breathes through phone calls, alerts, and instant messages, poor network is not just inconvenient, it is costly. Calling became difficult. Browsing the internet felt like a battle. For many, it meant frustration. For others, it meant loss.
As these challenges persisted day after day, conversations across the city began to take a clear and consistent direction. In homes, offices, and markets, a new conversation began to dominate discussions. A brother of mine, deeply involved in the communication business at Farm Center Market, the largest hub for telecom activity in Kano shared his amazement. Day after day, customers walked up to data vendors with one clear, confident request: “Glo data.” Not alternatives. Not experiments. Just Glo, he said. At first, it seemed puzzling. If you were already on Glo, you might not even notice the difference. But for those struggling on other networks, the contrast was undeniable. In the middle of foggy mornings and unstable signals, Glo stood firm.
And soon, the conversation spread everywhere. At tea junctions in the early hours, as people warmed their hands around cups of shayi, discussions circled around how Glo “held up” when others disappeared. In university classrooms, students whispered comparisons before lectures began, who could download materials, who could submit assignments, and which network actually worked. More strikingly, Glo users quietly turned their phones into lifelines, sharing hotspots with classmates so others could access lecture notes, submit assignments, and stay connected. At sports viewing centres, between goals and missed chances, fans debated networks with the same passion as football rivalries. In markets, traders told customers how Glo saved their day. In every gathering of people across Kano, Glo became the reference point. The reason was simple: Glo had saved businesses.
Consider the POS operator by the roadside. Every successful transaction that attracts him/her ₦100 here, ₦200 there is survival. Failed transfers mean angry customers and lost income. During these fog-heavy days, many operators would have been stranded. But where Glo bars stayed strong, withdrawals went through, alerts dropped, and trust preserved.
Picture a roadside trader making her first sale of the day through a simple WhatsApp call, her voice steady as she confirms an order that will set the tone for her business. Nearby, an online vendor advertises products in WhatsApp groups, responds to messages, takes calls from interested buyers, and confirms deliveries, all in real time. Behind every one of these small but significant transactions is reliable connectivity. Delivery riders weaving through traffic and racing against time also depend on uninterrupted network access to reach customers, confirm payments, and complete orders. In moments when other networks struggled, Glo quietly kept these wheels of commerce turning, ensuring that daily hustle did not grind to a halt. Beyond the busy streets of the city, the impact of this reliability becomes even more profound in remote villages in Kano.
Back in Kano city, rising transportation costs have reshaped the way people work. Many professionals have had no choice but to adapt, turning their homes into offices and relying heavily on the internet to stay productive. Many now attend virtual meetings, send large files, collaborate remotely, and meet deadlines without leaving their homes. In a period marked by economic pressure and uncertainty, dependable internet is no longer a convenience, it is a necessity. In these conditions, Glo continues to provide the stability that keeps work moving forward.
At this point, Glo stops being seen merely as a telecommunications company. It emerges as the invisible backbone of the Nigerian hustle, supporting the determination and resilience of everyday people. From POS operators and online merchants to students, delivery services, market traders, and remote workers who refuse to give up, Glo remains present in the background, quietly powering their efforts. In tough terrains, harsh weather, and challenging times, when other networks fluctuate or fade, Glo stays connected.
You may not always hear it announce itself loudly, and you may not notice it when everything is working smoothly. But when a single call saves a business, when one alert prevents a financial loss, and when one stable connection keeps a dream alive, Glo proves its value, not as noise or empty promises, but as consistent reliability and lived experience. And that is how quietly, consistently, and powerfully Glo continues to power Nigeria’s everyday businesses, sustaining dreams and survival UNLIMITEDLY…
Dr. Baba writes from Kano, and can reached via drssbaba@yahoo.com
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