The Oracle
The Oracle: Hon Justice Uwaifo: The Legendary Oracle As a Jurist
Published
5 months agoon
By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
THE GENESIS OF A LEGAL TITAN
There are those whose lives shine as beacons of character and integrity; people whose dedication to the attainment of justice and service to mankind transcend the bounds of the ordinary. They touch the lives of others and leave an indelible badge of honour in the sands of time. Their incisive wisdom echoes the words of the Bible in Proverbs 22:1, “A good name is to be chosen rather than great riches, and favour is better than silver or gold.” Such individuals are rare and their legacy is invariably etched in the hearts of all who witnessed their steadfastness and unyielding commitment to the principles that uphold society. One such rare breed of a homo sapien, an oracle of a Jurist,a giant among his peers and a towering pillar of the Judiciary, is the Hon. Justice Samson Odemwingie Uwaifo (JSC, Rtd; CON). We shall hereafter simply call him Justice Uwaifo. On 7th January, 2025, this nonagenarian celebrated his 90th birthday. Brilliant,luminous,strong, hale, hearty, hilarious and witty, Hon. Justice Uwaifo still chats with me on phone even as late as past 12 midnight.
His ever-alert mind and elephant memory take me up on sundry troubling socio-political, economic and legal issues besetting Nigeria, especially the Judiciary and the legal profession. We always argue; disagree; then agree. Many a time, I am forced to yield to either his superior logic or uncommon wisdom, both of which he excels in. Though happily retired as a fulfilled man who gave his all in the service of his fatherland, the living sage strikes me as someone who is greatly worried about the sorry state of things in Nigeria, especially in the Judiciary. He belly-aches about receding standards;about corruption, real or apparent in the Judiciary; about lack of credible recruitment process in the Judiciary; about the vanishing beauty of advocacy; about a litany of problems. Ha, papa hardly sleeps, agonizing about Nigeria. Billy Graham, probably had this legal colossus in mind when he once proclaimed, “when wealth is lost, nothing is lost; when health is lost, something is lost; when character is lost, all is lost”. The man that fits into the third category and who lost nothing, but gains everything because he has character in tons is papa Justice Uwaifo. He is a Spartan disciplinarian, but oxymoronically a gregarious and laughing humanist.
COMING TO MOTHER EARTH
Born on the 7th of January, 1935, in his father’s house at No. 113, Lagos Street, Benin City, Edo State, where he lived in his formativeyears, Justice Samson Uwaifo grew up in a community that valued honour, dignity, resilience, honesty and the pursuit of excellence. These values, instilled in him from a very tender age, were to serve as his life’s compass. They were to shape his character and define the trajectory of his entire life. It is said in African tradition that “a man’s destiny lies within him, waiting to be uncovered through diligence and purpose.” This apothegm aptly hallmarks Uwaifo’s rise, rise and rise; a journey marked by raw determination, academic brilliance and an unyielding sense of purpose.
THE TENDER FEET: JUSTICE UWAIFO’S FORMATIVE YEARS
The seeds of Justice Uwaifo’s legal prowess were sown during his formative years at the Elementary Government School Benin, where his innate curiosity and intellectual aptitude began to develop. His mother had died during childbirth when he was only 6 years old. The future looked quite bleak in terms of ever furthering his education. He helped his father in household chores. He wanted College Education,but as maters were then, someone in his family, an elder brother by another woman ( who was himself already in college), was bent on scuttling and denying him that opportunity. As matters were, there was no longer a mother to steer his youthful course. His father surprisingly appeared to listen to the curious reasons profered by that brother against him. The fellow told their father that it was better and sufficient for young Odemwingie to end up in Standard Six in Elementary School and become a pupil teacher; and no more. That piece of advice was obviously meant to hinder the young boy in life, a nefarious purpose indeed. After deep thinking on a particular day, the restless boy hired a bicycle for 3 pence and embarked upon a dangerous journey from Benin to NAIFOR, a tortuous journey marked by snaky hilly paths, valleys and dense forests. It was a perilous and risky journey as marauders and other dangerous elements were known to habitually traverse the route. But, Justice Uwaifo was neither scared nor deterred. He had a mission; a goal which he focused on. The mission was to meet his maternal uncle (his mother’s younger brother), to ask for 2 shillings and 6 pence for his entrance examination to a college. He was then in Standard 5 (as it was called in those days); and he was just 12 years old. His uncle was kind enough to give him the requested sum. With this money, little Justice Uwaifo took the entrance examination to the famous Immaculate Conception College (ICC), Benin City. This was one of the premier institutions of that era. He came tops, beating all his peers in the examination. From now on, no one, not even the vicissitudes of life would stop him, he vowed. Here, his fierce discipline and incredible drive manifested and clearly set him apart from his peers. Like Bacchus, the Roman god of wine, Justice Uwaifo’s thirst for knowledge was simply insatiable. It was evident to all who encountered him then that he was destined for greatness. Was it not said by our elders that the dog that would have a curved tail is easily identified whilst still a puppy? Is it not true that it is thunder and lightning that herald rainfall? Is it not true that the morning heralds the day? After one year which was then available in ICC, he could not persuade his father to continue at St. Patrick’s College, Asaba, as was then the case. He had to finish his College education in Niger College, Benin City, where he proved to be the best; and was indeed the Senior Prefect in his last year there.
THE MAKING OF AN ACTIVIST LAWYER
Justice Uwaifo did not grow up liking law. No. He dreaded it. He had a very curious perception of lawyers and the legal profession in general. He never even dared to pass by their Chambers, particularly the two law firms on Lagos Street, Benin City. Their dark suits struck awe in him in his subconscious as a bad omen. He often wondered what they did inside their chambers and how they performed their duty in court. Did they act like spiritualists that converge in dark covens to carry out nefarious activities, he wondered in his innocent mind. He genuinely thought that incantation must be the first of lawyers’ iniquitous tools of trade; that as a second tool, they specialized in fine-tuning the art of tutoring their clients and witnesses to lie in pursuit of their cases. And because one of them who was usually stern-faced, was a known chain smoker often flickering lit cigarette between his darkened fingers, he was surrounded by the joke of always quaffing some large dose of whisky for Dutch courage before entering the court room to harass his opponent’s witnesses. Justice Uwaifo therefore concluded that alcohol and tobacco must be the third tool of their trade. This was particularly buttressed, he reasoned, having heard that lawyers were called to Bar and became members of the Bar. So, he believed they must be drinking alcohol in the Bar. Justice Uwaifo would readily have embraced Dick the Butcher in William Shakespeare’s Henry VI, Part II (Act IV, Scene II), when he said, “The first thing we do, lets kill all the lawyers”. These negative impressions of lawyers got Justice Uwaifo scared of the perverted aura they bore in his youthful imagination. He therefore dreaded ever being a lawyer. Rather, he preferred to simply take a degree in Mathematics and quietly teach somewhere, unknown, unsung.
His earlier perception of the Bench about this time did not also help matters. If anything, it exacerbated his fears. First, he could not connect the Bar and the Bench as members of the same legal profession. Although he silently admired members of the Bench, he also trembled whenever he heard of or saw even a Magistrate. He believed then that Judges must never be seen in public. Since they were reputed to have the power of life and death over fellow human beings, he reckoned they must be spiritualists who performed very dangerous and perverted duties.
But as he grew older, his negative perception of lawyers gradually srarted fadng. He began to grudgingly give lawyers some credulity and credibility, though still very minuscule. The scales finally fell away from his eyes the day he looked through the window of a court hall and saw late Hon. Justice Ephraim Akpata (of blessed memory) as a young lawyer taking part in an election petition. For the first time, his ambition to read law was aroused. He was absolutely fascinated seeing Akpata in his sparkling wig and dark gown, with a well adjusted snow-white neckband (bib).
Two weeks later, Justice Uwaifo saw, in the court premises, the Hon. Justice I. O. Aluyi with whom he had worked briefly before Aluyi left for Britain for studies. Justice Aluyi who had returned to Nigeria as a very young lawyer in a well-cut designer suit told Justice Uwaifo he had just argued a case at the Magistrate Court. These were persons he had been familiar with and had known for years and so could relate with. And they certainly did not fall into the category of his negative mental characterization of lawyers. He therefore made up his mind that law was not such a bad profession after all. He finally settled for it.
THE STRUGGLE TO READ LAW ABROAD
To read law in Britain with little or no financial support, Justice Uwaifo was forced to engage in menial jobs whilst studying simultaneously. To the glory of God and due to his tenacity of purpose, Justice Uwaifo obtained his LLB ( Hons) degree from the University of London complete with the Bar Finals at the Inner Temple of England and Wales in a little over two and half years. The Bar examinations took place from October 1961 to April 1964. By June of 1964, he had passed his Bar finals; but there was a snag. He did not have the wherewithal to timeously register in the Inns of Court.
This means that when he passed the Bar finals, he had not done the mandatory minimum dinning terms for the call to English Bar which immediately followed. He was thus later called to the Bar at the Inner Temple in absentia on 9th February, 1965, as he had to return to Nigeria early enough for the compulsory then three months’ course at the Nigerian Law School, Lagos. This he completed in December, 1964. He was thereafter called to the Bar in 1965 with the likes of Chief Gani Fawahinmi, my late mentor of blessed memory.
Justice Uwaifo’s struggles and inner being made him see law, not merely as a career, but as a means to champion the cause of justice, what Professor Dean Roscoe Pound termed “Instrument of Social Engineering”. Serious financial challenges which might have deterred lesser men as he encountered in London, only fuelled his determination to excel. Tell me how many mortals ever completed Bachelors degree in law including Call to Bar in a foreign country in about two years and eight months (October, 1961- June, 1964). I do not know of any; or do you? Please, tell me, if you do. Justice Uwaifo’s journey thus reflects the resilience of a man who believed, as Philippians 4:13 states, “I can do all things through Christ who strengthens me.”
JUSTICE UWAIFO PRACTISED LAW FOR THE COMMON MAN
Justice Uwaifo’s early career in private legal practice was characterized by an unwavering commitment to fairness and equity. His clientele often consisted of ordinary Nigerians, many of whom lacked the resources to navigate the complexities of the Nigerian legal system. He became their champion, advocating for the voiceless and holding firmly to the belief that the law should serve as a shield for the weak and a restraint against the powerful. This ethos would later define his entire judicial career and elevate him glowingly as a symbol of integrity and judicial rectitude.
LEAVING THE BAR FOR THE BENCH
In 1975, after a little over 10 years of law practice, Justice Uwaifo’s judicial career commenced with his appointment as a Judge of the High Court of the Old Bendel State which now comprises Edo and Delta States. He was barely eleven years at the Bar! His appointment to the bench was met with widespread acclaim as he had already made a name as a man of unimpeachable character, integrity and keen intellect. From the outset, Justice Uwaifo brought to the bench a philosophy grounded in meticulous reasoning and an acute bend for justice-delivery. He was quoted often saying, “Judges must act as God’s nominated agents, delivering justice without fear or favour.” This profound belief underpinned every judgment he delivered and every ruling he gave, ensuring that his courtroom became a sanctuary of justice and and a haven of fairness to all without discrimination.
As a High Court Judge, Justice Uwaifo exhibited an exceptional ability to untangle the most intricate of legal disputes. His rulings and judgments were celebrated for their clarity, precision and moral conviction. In cases involving complex questions of law, he consistently demonstrated a mastery of legal principles, coupled with an empathetic understanding of the human impact of his decisions. Reflecting on his judicial philosophy, he once remarked, “A Judge’s ’s role is not simply to interpret the law but to ensure that justice is served in every sense of the word.”
MY FIRST ENCOUNTER WITH JUSTICE UWAIFO
It was during his High Court days in the Warri Division of the old Bendel State High Court of Justice that I first encountered this colossus of a Jurist in the early eighties. I was then a rookie lawyer in the pro-masses chambers of legendary Chief Gani Fawehinmi in Lagos. Chief Gani had sent me to represent the law firm in a case in Warri as I did virtually across the length and breadth of Nigeria.Justice Uwaifo had patiently and attentively listened to my submission that lasted for over three hours. It was an era of the exhibition of the beauty of the legal profession – oratorical courtroom gladiatorial oral submissions.
When I ended my lengthy submission, Justice Uwaifo with a twinkle in his eyes and a smile playing on his lips, quietly asked me, “young man, how old are you at the Bar?” I was fazed and trepid. I wondered if I had performed poorly as I was barely three years at the Bar then. Had I made a grievous legal blunder? What would I tell my hot-headed principal, Chief Gani? I sat down there, transfixed like an insect rendered immobile by some insecticides. He then openly praised my performance in court. Even then,I was not sure if he was not being merely sarcastic. Thank God the positive result of the courtroom examination was to come later. Justice Uwaifo had actually scored me with distinction in advocacy. How did I know? Chief Gani called me some weeks later and started hailing me, “Ozek baba”;“Ozek the mobile Library”; “Ozek the Dictionary”.
These were Chief Gani’s pet names for me which he echoed repeatedly whenever he was excited by my performance. I enquired what I had done right to merit this adulation. It was then he told me with éclat that he had met Justice Uwaifo at a ceremony in Benin; and Uwaifo had informed him about my superlative performance before him in the courtroom in Warri. When I appeared again before Justice Uwaifo in the same case in Warri,and also later when he was a Justice of the Court of Appeal, Enugu Division, he generously poured encomiums on me in open court. I always felt extra tallish.But more importantly, unknowingly to him, his kind words always fired the embers in me to continue to excel in my chosen profession. Thank you, sir, for being a silent mentor to me, though very much unknown to you. This you have done for countless others over the years.
JUSTICE UWAIFO AS MAN GIVEN TO LEGAL PRECISION
One of the most striking aspects of Justice Uwaifo’s judicial career was his insistence on the importance of legal precision. In Ekpenyong v. Etim (1990), he criticized the lack of focus in legal arguments presented before him, stating:
“The brief of argument filed on behalf of the appellants… contains ramblings on all sorts of complaints… Counsel should now learn to be precise along well-known guidelines in writing their briefs. It is not the volume of the argument that matters but the care with which the substance of it is presented.”
This statement reflected his demand for excellence and his determination to elevate the standards of legal practice in Nigeria. To Justice Uwaifo, every judgment, every argument and every legal process mattered. There was no room for mediocrity in the pursuit of justice. No stone must be left unturned, nor any turn left unstoned.
EARLY YEARS ON THE BENCH
Justice Uwaifo’s early years on the higher Bench was also marked by deep erudition and an ability to balance tradition and modernity in his interpretation of the law.
In Okpuruwu v. Okpokam (1988), he provided a nuanced perspective on the role of arbitration in Nigerian customary law, observing:
“I do not know of any community in Nigeria which regard the settlement of arbitration between disputing parties as part of its native law and custom… That seems more a common device for peace and good neighborliness rather than a feature of native law and custom.”
This insight reveals Justice Uwaifo’s deep understanding of societal dynamics and his commitment to ensuring that the law evolved to meet the needs of a changing society.
JUSTICE UWAIFO AT THE COURT OF APPEAL
By the time Justice Uwaifo was elevated to the Court of Appeal in 1985, he had already established himself as a j
Jurist of exceptional pedigree. His judgments were not only legally and jurisprudentially sound,but also intellectually profound, often addressing broader societal issues that extended beyond the courtroom and the immediate case at hand. He was a firm believer in the idea that the Judiciary has a responsibility to uphold the moral fabric of society. In this regard, his judgements served as both legal precedents and moral teachings, setting a very high standard for the Judiciary. He believed (he still does) like Professor Dean Roscoe Pound, that law must serve the society as an instrument of social engineering to balance the ever-present societal interplay of centripetal and centrifugal forces. He believed that law exists to serve as a hand-maid to deliver justice( See Bello v AG,Oyo State ( 1986) NWLR.
One of the defining characteristics of Justice Uwaifo’s judicial philosophy was his fierce independence. He was unafraid to challenge established norms or to stand alone if he had to in defence of what he believed to be right. His decisions often reflected a deep-seated conviction that justice must prevail (fiat justicia ruat caelum), no matter the personal or professional cost. This courage, combined with his intellectual rigour, earned him the respect and admiration of colleagues, legal practitioners, and members of the public.
JUSTICE UWAIFO AS A GAME CHANGER
Justice Uwaifo was elevated to the Supreme Court in November, 1998. The period he was posted to the Lagos Division of the Court of Appeal could be described as the “apogee of judicial activism”, as he easily became a game changer.
A matter that clearly showed Justice Uwaifo’s judicial activism was the celebrated case of PETER NEMI v ATTORNEY GENERAL LAGOS STATE (1996) 6NWLR)(Pt 452). The case had raised an issue of great constitutional import regarding the interpretation of section 31 of the 1979 Constitution (now section 34 of the 1999 Constitution) relating to inhuman and degrading treatment. The Appellant (Nemi) had in 1982 been arraigned before a Lagos High Court for armed robbery. The High Court convicted and sentenced him to death on February 28, 1986. The appeals against conviction and sentence to the Court of Appeal (1990) and the Supreme Court (1994) were all dismissed.
At the Supreme Court, my good friend and fellow in the human rights Community, Dr Olisa Agbakoba, SAN, was counsel to Nemi. He raised for the first time the constitutional issue of whether the delay in the execution of the death sentence passed on his client constituted inhuman and degrading treatment prohibited by Section 31 of the 1979 Constitution and Article 5 of the African Charter on Human and Peoples’ Rights.
A full Supreme Court sat to hear the matter presided over by the then Chief Justice of Nigeria, Hon. Justice Mohammed Bello. After listening to the submissions of amici-curiae such as legal giant Chief Rotimi Williams (SAN); Second Republic Justice Minister, Mr. Kehinde Sofola (SAN); and some select Attorneys-General of states, the apex court on October 14, 1994, held, per Bello, CJN,that the complaint of breach of rights indeed raised issues of “far reaching constitutional importance”, but declined to answer the question under the Nigerian Constitution put before the apex court,noting that only the High Court had the power to entertain first instance complaints of breach of fundamental rights; not the Supreme Court which had only appellate jurisdiction.
Subsequently, a fresh suit was commenced at the Federal High Court,Lagos, in 1995. The Judge declined jurisdiction on the ground that the Supreme Court had already confirmed the death sentence and that the condemned prisoner had no more rights remaining to enable such complaint about alleged breach of fundamental rights. This decision was challenged at the Court of Appeal; and then the Supreme Court.
This was where the rare wisdom and humanity of Justice Uwaifo came in full display. Not only did he make an order remitting the case back to the High Court to be tried by another judge, he made legendary pronouncements.
Hear him: “The proposition that a condemned prisoner has no right to life, cannot enforce any fundamental rights and is therefore as good as dead is quite perturbing. Does it mean that a condemned prisoner can be lawfully starved to death by the prison authorities? Can he be lawfully punished, by a slow and systematic elimination of his limbs one after the other, until he is dead? Could his legs be soaked with petrol and set on fire under a pot to boil rice by someone wearing a smiling face while this is going on since he is as good as dead and without fundamental rights? Would any of these amount to inhuman treatment or torture? Is a condemned prisoner not a person or individual? These are questions which gravely touch not only the heart but which also bring Section 31(1)(a) of the Constitution into focus even in cases of condemned prisoners”. Although Peter Nemi later regained his freedom,that was not the news. The news was Justice Uwaifo’s inerasable pronouncement which hallmarked his jurisprudence and humanity.The Nemi case was to forever change the false impression that because a convict has been sentenced to death, he no longer has fundamental rights worthy of protection. Thank you, sir for widenening the hitherto narrow scope of our civil rights and liberties.
JUSTICE UWAIFO AS MENTOR AND ROLE MODEL
Justice Uwaifo’s ascent through the hierarchy of the Judiciary was marked by an unwavering commitment to the principles of democracy, accountability and the defence of citizens rights and the rule of law. He believed that the Judiciary must remain independent and impartial, serving as a check and bulwark against arbitrariness and abuses of power.
Reflecting on this principle, he warned in his valedictory speech delivered in 2005 that, “There is the unfortunate tendency for some people… to misunderstand the important role of the Judiciary… Those who do not want their official action questioned regard Judges as undeclared enemies.”
These words, spoken with characteristic candour, emphasized the critical role of the Judiciary in upholding good governance and constitutional democracy. Justice Uwaifo’s dedication to this ideal was evident in every judgement he delivered and every principle he espoused whilst on the Bench.
As his career progressed, Justice Uwaifo became not just a Judge, but a mentor and role model for a new generation of lawyers and Judges. His insistence on integrity, character, precision and fairness left an indelible mark on the Nigerian legal firmament. He understood,like Prof Dean Roscoe Pound of the Sociological School of thought, that law was an instrument of social engineering; and not merely a set of rules, but a living instrument of justice, capable of defending the poor and voiceless;transforming lives and shaping societies. His life’s work is a living testament to the enduring power of these principles and a reminder of the profound impact that one individual can make on the course of history and tapestry of lives.
AT THE PINNACLE OF JUSTICE
When Justice Samson Odemwingie Uwaifo perched at the apex court of Nigeria in November 1998, it only marked a natural progression and culmination of decades of dedication to the law and the principles of justice. For many, reaching the highest judicial office in the land would signify the pinnacle of achievement, a career milestone to crown decades of legal service. But for Justice Uwaifo however, his appointment to the apex court was not an end in itself, or a chieftaincy title decoration. It was indeed the beginning of a period marked by groundbreaking judgments, profound contributions to constitutional democracy, good governance and an unwavering commitment to judicial integrity and enlargement of the vistas of our jurisprudence.
Justice Uwaifo approached his role on the Supreme Court bench with the same gravitas, precision, penchant for detailed writing in long hand; intellectual rigour, and the moral conviction that had defined decades of his career at the lower Benches.
He understood that the decisions of the Supreme Court were not just resolutions of disputes; they were guiding principles that would shape policy and the trajectory of the nation’s jurisprudence for generations yet unborn. Each judgment was therefore a rare opportunity for my Lord to reinforce the rule of law, uphold the Constitution, defend citizens’ fundamental rights, enthrone justice and reaffirm the Judiciary’s role as the guardian of democracy and the last hope of the common man.
IS IMMUNITY ABSOLUTE?
One of Justice Uwaifo’s most memorable decisions was his contribution to the landmark case of Gani Fawehinmi v. Inspector General of Police (2002). This case tested the limits of constitutional immunity under section 308 of the 1999 Constitution, which grants certain protections to the President, Vice President, Governors and their Deputies. While many Judges interpreted the provision as granting absolute immunity to holders of such offices as sacred cows that could not be touched at all, Justice Uwaifo disagreed fiercely. He saw it differently. He delivered a judgment that opened up new jurisprudential frontiers and reaffirmed the principles of accountability and the rule of law for office holders. He held that though those officers listed in section 308 cannot be prosecuted whilst in office,they can however be investigated and evidence of such investigation warehoused to be used in prosecuting them after leaving office. Such evidence,he reasoned, may also be used for impeachment purposes against the named officers by the legislators whilst still in office. He elaborated with great erudition:
“To do nothing under the pretext that a Governor cannot be investigated is a disservice to the society. The evidence may be useful for impeachment purposes if the House of Assembly may have need of it. It may no doubt be used for prosecution of the said incumbent Governor after he has left office.”
This ruling resonated far beyond the courtroom, sending a clear echoing message that no individual, regardless of his high office, is above the law. Justice Uwaifo’s interpretation struck a delicate chord and balance between respecting constitutional protections and ensuring that public officials remained accountable and responsible to the people.
Justice Uwaifo’s tenure on the Supreme Court Bench was marked by judgments and rulings that affirmed his unwavering belief in the supremacy of the Constitution as a living document. In his view, the Constitution was not a rigid framework but a dynamic instrument that must be interpreted in the light of the principles of fairness, equity, societal justice, egalitarianism and societal progress. This deep philosophy is evident in his approach to cases involving fundamental rights, jurisdictional disputes and questions of the exercise of judicial discretion.
THE EVILS OF PERVERSE DECISIONS
In Udengwu v. Uzuegbu (2003), Justice Uwaifo addressed the evil inherent in perverse judicial decisions and the appellate court’s duty in rectifying miscarriage of justice. He lectured professorially thus:
“A perverse decision of a Court can arise in several ways. It could be because the court ignored the facts or evidence; or that it misconceived the thrust of the case presented; or took irrelevant matters into account which substantially formed the basis of its decision… The hallmark is invariably, in all this, a miscarriage of justice, and the decision must be set aside on appeal.”
This view further emphasized his unflagging dedication to ensuring that justice was not only done but also seen to have been done. For Justice Uwaifo, the judiciary has a sacred duty to correct errors and protect the integrity of the legal process. He also believes like Justice Chukwudifu Oputa, JSC (of blessed memory) that though the Supreme Court is “final not because it is infallible; it is infallible because it is final. Justices of this court are human beings, capable of erring. It will certainly be shortsighted arrogance not to accept this obvious truth. … This court has the power to overrule itself (and had done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error”; he also believes that “Where therefore it appears to learned counsel that any decision of this court has been given per incuriam, such counsel should have the boldness and courage to ask that such decision be overruled” (Adegoke Motors LTD v. Adesanya (1989) 13 NWLR (Pt. 109) 250 at page 275A).
According to him, “the Supreme Court is both the final and the constitutional court of the land. I need hardly to avert to the importance of this court in its role in the judiciary as the third arm of government. But I must not fail to emphasise that everything should be done to ensure the continued constitutional relevance and credibility of the Supreme Court. The court needs very capable Judicial Officers at all times to be able to achieve this”. Justice Uwaifo warned:
“Let the day never come when it may be said that the Supreme Court could not be forthright enough but buckled under pressure having regard to the manipulative dimension prevalent in our socio-political environment, but manifesting as an undergrowth, and tending to overshadow with unpredictable consequences our sense of honour and direction as a nation. The Supreme Court must always demonstrate, even more than ever in such an atmosphere, that it can neither bend nor break”.
Does the Supreme Court today still allow bold and courageous lawyers to press forward for revision of earlier judgements and not get damnified with heavy costs? I do not know; or do you?
Justice Uwaifo’s decisions were characterized by their meticulous reasoning, great erudition, intellectual depth and breadth and moral clarity. In Olumegbon v. Kareem (2002) LPELR – SC 147/1997, he provided a timeless exposition on the concept of judicial discretion, asserting:
“Judicial discretion has been described as meaning that judges are to act according to the rules of reason and justice not according to private opinion, and according to law and not humour.”
This statement encapsulated his view that Judges must be guided by objective principles; not personal biases or external pressures. It also reflected his broader philosophy that the Judiciary must remain impartial, independent and firmly anchored in the principles of justice.
APPOINTMENT TO THE SUPREME COURT OF NIGERIA
Justice Uwaifo who was appointed to the Supreme Court on November 25, 1998, posited that appointment into the nation’s apex court should not be “a court for all comers simply because they have been in the Court of Appeal, nor appointment to it be based on favour or just any other cause”.
He went on in his valedictory speech of January, 2005, “My second suggestion is that lazy Judges should not be appointed to the Court of Appeal. A lazy Judge is easy to identify. Thirdly, an incompetent Judge should be similarly denied appointment. He is as reprehensible and irritating as a corrupt judge. Both are twin evils all said and done”, he submitted.
In expressing his concerns, Justice Uwaifo stated that “if those in charge have a better option and are prepared to apply it, then it can be said we are all travelling in the same direction. But let there be acute awareness that the judiciary, particularly the Supreme Court, is the hub of stability for this country; and let us not assume that things cannot go wrong if there is no new approach to its well-being”.
JUSTICE UWAIFO’S RAW COURAGE AND SINGLE-MINDEDNESS
Beyond the legal intricacies of his judgments, Justice Uwaifo’s tenure on the Supreme Court was defined by raw courage and independence of mind. He was unafraid to challenge powerful interests, confront societal injustices, or dissent (even with the majority) when he believed that justice demanded such. His judgments often served as a moral compass, offering guidance not only to the Bench and legal practitioners, but also to the broader society.
THE EPIC VALEDICTORY SPEECH LIKE NONE OTHER
On January 24 2005, Justice Samson Odenwingie Uwaifo honorably bowed out of the apex court upon attainment of the constitutional age of 70 years; but not before ruffling some feathers. The man who was never shy of expressing strong opinions whenever the occasion arose, lived up to expectation and his billing. Like most valedictory sessions, the court was jam-packed. Friends, relations, admirers, the Bench, Bar, well wishers and all who wanted to identify with the retiring Justice were present. At 10.00am on the dot, the session had already commenced. As usual, the then Chief Justice of Nigeria, Hon. Hon.Justice Muhammadu Lawal Uwais, presided. It was a regular event. Several speeches were made. All the nice things were, as expected, said about the outgoing judge. A few swipes were directed at the government, the Bar, Bench and a little on some alleged undesirables here and there. Though he had been described as an activist Judge, what many perhaps did not anticipate that day was the penetrating force of the valedictorian’s speech. Unlike most Justices that generally took it easy and massage sundry egos when exiting the apex court,Justice Samson Odemwingie Uwaifo had plenty to say. And in saying them, he bruised toes and gave bloody noses.
JUSTICE UWAIFO’S NUGGETS ON CORRUPTION
In one take-away nugget in the epic speech, Justice Uwaifo admonished all like a priest speaking from the pulpit:
“No Judge worth the name should feel inclined to hide any positive element of his head in the closet through fear or favour, or from corrupt motives or simply on grounds of intellectual compromise when reaching a decision. He must to the best of his ability act as God’s nominated agent.”
He believed that the law should serve as a shield for the vulnerable and a check on the powerful. In his view, the Judiciary’s role extended beyond merely interpreting statutes, to safeguarding the moral foundation of society. His warnings against judicial corruption were particularly resonant in his valedictory speech.
Justice Uwaifo looked straight at the audience inside the imposing Supreme Courtroom and asked a question rhetorically: “who is more harmful to the society between a man who runs amock with a dagger in a crowded street and a corrupt Judge?” Without waiting for an answer, he readily gave his verdict thus:
“A corrupt Judge is more harmful to the society than a man who runs amock with a dagger in a crowded street. He can be restrained physically. But a corrupt Judge deliberately destroys the moral foundation of society and causes incalculable distress to individuals through abusing his office, while still being referred to as ‘honorable.’ It is difficult to bring him to account under our system…”
His speech captured the gravity of his warnings about the dire consequences of corruption within the Judiciary. Justice Uwaifo recognized that the trust placed in Judges was both a privilege and a profound responsibility, one that must never be compromised.
Channels television aired in Benin City on 14th October, 2016, he ruminated on corruption on the Bench and how to tackle it: “I will not say that the Nigerian judiciary is corrupt, but it cannot be denied that there are corrupt judges. If a judge is corrupt, he is no longer a Judge; he is a thief and therefore he should be treated according to law and sent to jail. The substantive issue is corruption: is it true that these people were actually corrupt and that huge sums of money were found in their place? If that is so, the question of the procedure that was taken will be secondary. Well the DSS can be punished for what they did, but the result if the money was actually found particularly when I considered that Court of Appeal Justice who demanded 200 million naira was found to be true,but they retired him. That one is completely unacceptable. They shouldn’t have just dismissed him; they should have dismissed him and then sent him to jail. If you do that – send this one to jail, send the other to jail, those who are really corrupt when you find them, corruption will stop straight because they would be afraid, Judges will be afraid, because it can happen. But if you just retire them, they will simply say, “um, don’t mind them”.
JUSTICE UWAIFO ON CORRUPTION AND INTELLECTUAL LAZINESS AS HARBINGERS OF FEAR
Justice Uwaifo warned that “no judge worth the name should feel inclined to hide any positive element of his head in the closet through fear or favour, or from corrupt motives or simply on ground of intellectual compromise when reaching a decision. He must to the best of his ability act as God’s nominated agent. That has been my personal moral philosophy of the duty call of a judge since I was appointed a High Court Judge. So, a judge should not just write his judgment. He must let it appear he made it with a clear commitment to convince. That must be demonstrated by the quality of its analysis and transparency. An unconvincing judgment is like a song rendered in awkward decibel: it can neither entertain nor can it be danced to”.
JUSTICE UWAIFO ON A COURT’S JURISDICTION
Justice Uwaifo’s judgements on issues of jurisdiction, particularly in cases such as N.D.I.C. v. C.B.N. & Anor (2002), further cemented his legacy as a Jurist of exceptional clarity,erudition and uncommon insight. In that case, he held that jurisdictional challenges could be raised at any stage of legal proceedings, provided that sufficient facts supported the argument. This ruling reinforced the principle that jurisdiction is a fundamental issue that goes to the heart of a court’s authority to adjudicate a matter.
JUSTICE UWAIFO ON DEMOCRACY
While his legal opinions were firmly rooted in the principles of fairness and justice, they also reflected his wit, wisdom, and deep understanding of human nature. He once remarked, “Democracy is most obviously seen to be necessary when the tendency of an autocrat puts justice at risk. But one sure way of making democracy stay on course is to enthrone justice.”
This observation encapsulates his belief in the intrinsic link between justice and democracy. For Justice Uwaifo, the Judiciary was not merely an arbiter of disputes, but a cornerstone of democratic governance. Justice Samson Uwaifo’s time on the Supreme Court bench was a period of profound impact and enduring legacy. His judgements continue to serve as guiding light for legal practitioners, scholars, and judges across Nigeria and beyond. Through his judgements, speeches, and unwavering commitment to the principles of justice, he affirmed the judiciary’s role as the guardian of democracy, the protector of human rights, the defender of the poor against arbitrariness and repression and the conscience of the nation.
THE LEGACY OF AN ICON IN RETIREMENT
The legacy of Justice Samson Odemwingie Uwaifo transcends the courtroom, reflecting the enduring impact of a life dedicated to justice, integrity and the preservation of democratic ideals. When he retired from the Supreme Court of Nigeria in 2005, his departure marked the end of a golden era of a judicial career unparalleled in its breadth and depth,and unmatched in its plenitude and amplitude. Yet, his work continued to ripple across the nation’s legal landscape and beyond, cementing his status as a symbol of judicial excellence and moral clarity. For example, shortly after he retired from the apex court bench, the Osun State government would not let him rest. It pulled him out of retirement to head the Uwaifo Judicial Commission of Enquiry which was set up to investigate sundry human rights abuses by police officers.
Justice Uwaifo’s post-retirement years exemplify the principle that the pursuit of justice is a lifelong calling; it is a marathon race, not a 100- metre dash race . His transition from the bench to roles as a consultant, arbitrator and mentor showcased his unwavering commitment to fairness and equity. He is often sought after, even at 90, for his wisdom in resolving complex legal and social disputes, his impartiality and moral compass making him an indispensable figure in arbitration. Justice Uwaifo’s role in these capacities demonstrates his belief that the law, when wielded correctly, could serve as a tool for societal transformation.
In addition to his work in arbitration, Justice Uwaifo has become a powerful advocate for judicial integrity. At public addresses and professional engagements, he consistently emphasizes the dangers of corruption within the Judiciary, framing it as a moral and societal cancer. His warnings are clear and uncompromising: a Judiciary tainted by corruption not only fails the people but undermines the foundation of democracy itself. Justice Uwaifo has argued passionately for systemic reforms to safeguard the judiciary’s independence and ensure that its officers remained beyond reproach.
His speeches and writings during this post-retirement period has also focused on the role of the Judiciary in upholding constitutional democracy. He is always deeply concerned with the growing tension between executive overreach and judicial independence, a dynamic he viewed as potentially catastrophic if unchecked. He believes the Judiciary ’s role extends beyond the resolution of disputes to the protection of societal morality and the rights of individuals. His voice has become a clarion call for preserving the balance of power in governance and ensuring that the Judiciary serves as a true check against abuse of power.
In his mentorship of younger legal practitioners and judges, Justice Uwaifo has left a legacy that cannot be erased. His insistence on character, integrity, honesty, hardwork, discipline and ethical conduct has become a guiding light for those entering the legal profession and others. He once remarked in private conversations with mentees that “a Judge’s wisdom is measured not by the length of his rulings but by the fairness of his decisions and the clarity of his reasoning.” This focus on clarity and fairness has become a hallmark of the training he provides to the next generation of legal minds.
Justice Uwaifo’s retirement has also allowed him to reflect on the evolution of Nigerian law and its trajectory. He is a staunch advocate for the continuous education and improvement of judges, emphasizing the need for them to remain intellectually sharp and socially aware. He championed the idea that the judiciary should not only be a repository of legal knowledge but also an engine room for societal progress.
Throughout his life, Justice Uwaifo has demonstrated an extraordinary ability to blend the letter of the law with its spirit. His understanding of justice as a living, breathing principle informed every aspect of his work. He views the judiciary as a sacred trust, charged not only with interpreting statutes but also with protecting the soul of the nation. His influence extends far beyond the confines of the courtroom, shaping public discourse on governance, accountability and the rule of law.
Justice Uwaifo is today a revered elder statesman and dispute-resolution expert. His name is synonymous with hard work, integrity and judicial excellence. His words and deeds continue to inspire generations of legal practitioners and Judges, serving as a reminder of what it means to serve with honour,dignity, character and humility. His life’s work is a testament to the enduring power of strong principles and the transformative potential of justice.
Justice Samson Uwaifo’s legacy is not merely etched in the annals of Nigerian legal history; it is enshrined in the hearts and minds of those who truly believe in the rule of law. His contributions remind us that being on the Bench is not just a profession; it is a calling; one that requires courage, conviction, and an unwavering commitment to the truth. As his life demonstrates, a good name, built on integrity and service, is indeed better than silver or gold.
JUSTICE UWAIFO’S WORKS TO BE CELEBRATED IN LAGOS
On the 19th of February, 2025, there will be a public presentation and launch of a landmark book on the retired Justice S.O. Uwaifo in Lagos. The book is titled “A Legacy of Jurisprudential Wisdom and Substantive Justice”. This book confirms all I have written and reflected above about the judicial career of our legendary Justice Uwaifo.
Through the usual vicissitudes of life and the natural ageing process, Papa Uwaifo, once always clean-shaven, today adorns his handsome face with grey beard. He may carry his tall elegant frame with slight graceful bent, but the quintessence of the man and his huge mental acumen remain intact, uncorrupted by age. He still,like Andrew’s Liver Salt,bubbles with the sap of life like a yam tendril in the rainy season ( thank you, Chinua Achebe,for your epic,”Things Fall Apart”).
Surely sir, you have lived by your name – “UWAIFO” – “Wealth that does not end”. Truly, your wealth of character does not end. What is more, your middle name, “ODEMWINGIE”, has,going by its literal translation, “fortified your prosperity”. Soldier on sir. May God grant papa Justice Uwaifo long life, good health and peace that passeth all understanding as he bravely marches on into the centenarian bracket. Yours is truly Gen 6:3 and Philippians 4: 17.
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The Oracle
Has Democracy Led to Good Governance for Nigerians? (Pt. 2)
Published
13 hours agoon
July 18, 2025By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
In the maiden edition of this treatise, we explored the concept of democracy, its historical evolution in Nigeria and its promise in terms of good governance. This sophomore edition continues the theme of good governance as the goal of democracy, focusing on inclusiveness/responsiveness; the rule of law and related concepts. Enjoy.
DEMOCRACY AND THE PROMISE OF GOOD GOVERNANCE
Literally, good governance simply means good government or good leadership. To appreciate the concept of good governance, it will be better to start with knowing what governance implies. The term, governance, is a very versatile one with different meanings. It is simply used to refer to the way in which a government discharges its duties and obligations. Governance is seen as the process of steering state and society towards the realization of collective goals.
Joseph E. Stiglitz in his book Globalization and Its Discontents says Good governance is characterized by an accountable, transparent, and inclusive decision-making process, which ensures equitable outcomes and sustainable economic and social development (Joseph E. Stiglitz, ‘Globalization and Its Discontents’ (2003).).
Dahl, Robert A. in his book Democracy and Its Critics opines that Good governance requires that political processes are inclusive, ensuring that citizens have the ability to participate in meaningful ways (Robert A. Dahl, ‘ DEMOCRACY AND ITS CRITICS’ New Haven:Yale University Press. 1989.). A democratic process where citizens’ views and rights are respected and protected by law. In 2001, Thandika Mkandawire in Thinking about Governance: The Case of Africa. Mkandawire stated that Good governance in Africa should be seen in terms of both the legitimacy of political systems and the capacity of states to perform. It entails strong institutions that ensure political stability, social equity, and the effective delivery of public services to meet the needs of the population.
Chinua Achebe explains that Good governance in Africa is founded upon a commitment to justice, integrity, and respect for the dignity of every individual (Dallas Baptist University, ‘Chinua Achebe on The Purpose and Values of Things Fall Apart’ <https://www.dbu.edu/mitchell/post-colonial-resources/achebequ.html> accessed on the 6th of March, 2025.). It requires a government that listens to its people, is responsive to their needs, and operates with transparency and accountability.
The concept of good governance is neither new nor novel; it has existed since the dawn of human civilization. In simple terms, governance, refers to the process of decision-making and the subsequent implementation (or lack thereof) of those decisions. Governance has been described as an approach or perspective that examines the relationship between state and societal institutions, as well as how rules are created and accepted as legitimate in society to promote values that individuals and groups seek. It is also linked to the foundational values and constitutional policies that define governing institutions, guide their actions, and shape the complex relationships between these institutions and society. Public management based on good governance principles aims to improve the system of government by emphasizing efficiency, responsibility across institutions, promoting democratic principles, and establishing a new relationship between government and civil society.
According to Downer, good governance is the process by which public institutions manage public affairs, oversee resources, and ensure the realization of human rights (Downer A. ‘Good Governance: Guiding Principle for Implementation’ Australia: Ministry for Foreign Affairs (2001).). This process is carried out with minimal corruption and abuse, respecting the rule of law. The true measure of good governance, based on the above definitions, lies in its ability to fulfill the promise of human rights, civil, cultural, economic, political, and social rights. The UN Human Development Report identifies two aspects of governance: leadership, which is responsible for effective governmental organizations, and the governed, or citizens, who must contribute to the socio-economic and political affairs of society (Lisa-Maria Glass and Jens Newig, ‘Governance for achieving the Sustainable Development Goals: How important are participation, policy coherence, reflexivity, adaptation and democratic institutions?’ Earth System Governance (2019) 2.). Essentially, governance is the relationship between rulers and the ruled, the state and society, governors, and the governed. For legitimacy, accountability, credibility, and responsiveness to be achieved, it is crucial for both sides of this relationship to be closely aligned, ensuring that the rulers remain accountable and the citizens actively engage without corruption.
An important dynamic in governance is the change that often occurs within the system. For example, laws that regulate behaviour or activities may change over time. However, when these changes happen too frequently without thorough evaluation, instability can arise, potentially disrupting operations. Governance can vary significantly from country to country. Despite similarities in natural resources and social structures, countries may show differing results in improving their citizens’ welfare, largely due to governance standards. In countries where corruption, poor management of public funds, lack of accountability, human rights abuses, and excessive military influence prevail, development tends to be hindered.
IMPORTANCE OF GOOD GOVERNANCE
– Efficient processes – due to their routine repeats in the process and consistency of tasks, it has brought huge attachment to its relevance to the public sector.
– Visibility of errors – the routines of events and the consistency as it quickens and highlights nonconformities in the process.
– Reduction in costs – It eliminates wastages from scrap, rework, and other non-value added processes.
– Smooth running process.
– Financial sustainability.
– Clarity
– Reputation
The essence of good governance lies in the principles of accountability, transparency, responsiveness, inclusiveness, and the rule of law. For democracy to lead to good governance, it must ensure that these principles are realized. In the Nigerian context, there have been notable improvements in some areas, but there have also been persistent problems that undermine the potential of democracy to deliver good governance.
1. Accountability and Transparency
Accountability is where an individual or organization is responsible for their actions and decisions. Cambridge Dictionary describes accountability as “the fact of being responsible for what you do and able to explain it when asked.”
The Macmillan Dictionary defines accountability as “the fact of being responsible for what you do and for the results of your actions.” In essence, accountability involves being answerable for one’s actions and ensuring that there is transparency and responsibility in fulfilling duties or obligations.
One of the primary tenets of democracy is accountability, where elected officials are answerable to the electorate for their actions. In theory, democracy should allow citizens to hold their leaders accountable through elections and other democratic processes such as civil society activism and the media. In Nigeria, elections have been held regularly, and power has been transferred peacefully between governments.
However, the reality is that electoral processes are often marred by irregularities, fraud, and manipulation. The Independent National Electoral Commission (INEC), tasked with overseeing elections, has been criticized for not adequately addressing voter fraud, ballot stuffing, and vote buying, which have eroded public trust in the electoral system. (Olusola, S. ‘Electoral Integrity and Governance in Nigeria’ African Political Review (2018) 24(2)).
There is a broad agreement that “transparency” is closely tied to the right to know and the public’s access to information. The Cambridge Online Dictionary defines transparency as “the quality of being easy to see through,” “the practice of being open and without secrets,” and “a situation where business and financial activities are conducted openly, ensuring fairness and honesty.” Similarly, the Macmillan Online Dictionary describes it as “the state of being clear enough to see through” and “a straightforward approach that allows others to understand exactly what is being done.” Transparency is a key measure of governance effectiveness and impact, emphasizing openness, honesty, and clarity. “Good governance” encompasses several key attributes: it is participatory, consensus-driven, accountable, transparent, responsive, effective, efficient, equitable, inclusive, and adheres to the rule of law. It ensures the minimization of corruption, considers minority views, and ensures that the voices of society’s most vulnerable are heard in the decision-making process.
There are mainly two types of transparency. The first is proactive transparency, which involves publishing information of public importance before the public demands it. This approach is based on the belief that all information of public significance belongs to the public and is only held by governmental bodies. It asserts the public’s general right to know, and proactive transparency serves as a mechanism for exercising that right. This concept is supported by public administration theorists and international organizations, such as the World Bank. The second type is reactive transparency, which also concerns the public’s right to know, but is carried out in response to popular demand. The goal of achieving full transparency stems from the belief that democracy is rule by the people and that elected representatives are temporary agents who are accountable to the citizens. Defined this way, reactive transparency requires public authorities to ensure that citizens are given equal access to information as decision-makers and to share information with the public at the same time as it is shared within the administration. For public administration to respond efficiently and professionally to citizens’ needs and provide quality public services according to the principles of “good governance,” it is crucial to increase transparency and improve ethical standards. A government that is open and accessible is more likely to be transparent. This realization has led to a global movement for more openness in government operations. Michael Johnston defines transparency as the “capacity of outsiders to obtain valid and timely information about the activities of government or private organizations.” He further notes that the enactment of the Freedom of Information Act in the United States in 1966, which provided limited guarantees of citizen access to government information, was a milestone in transparency. This model has been adopted in other countries. Democratic and market reforms, along with the growing anti-corruption movement, have significantly contributed to the establishment of transparency as a key governance concept.
Transparent political processes are viewed as more accountable and democratic, while transparency in the economy facilitates free-market operations. In both contexts, rights to access information and the corresponding obligations of institutions to uphold those rights are considered safeguards against abuses and vital components of good governance. Transparency is seen as essential to various political goals, such as combating corruption, ensuring fair election financing, enhancing democracy, strengthening democratic institutions in transitional societies, and reducing international conflicts. Despite significant changes in Nigeria’s federal structure over time, the country still faces challenges related to transparency and accountability. Power in Nigeria is concentrated within the executive branch, led by the President and his Ministers, and party discipline often means minimal legislative opposition to government policies. The lack of transparency and accountability has undermined the legitimacy of the government. In Nigeria, the need to enhance transparency and accountability in intergovernmental relations is especially urgent due to widespread corruption and the lack of adequate checks on the powers of officials. Transparency is closely linked with accountability and other fundamental principles of modern democratic societies, such as open justice, open government, freedom of information, and public consultation. (To be continued).
THOUGHT FOR THE WEEK
“Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation”. – Atifete Jahjaga
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The Oracle
The Oracle: Has Democracy Led to Good Governance for Nigerians? (Pt. 2)
Published
1 week agoon
July 11, 2025By
Eric
By Prof. Mike Ozekhome SAN
INTRODUCTION
In the maiden edition of this treatise, we explored the concept of democracy, its historical evolution in Nigeria and its promise in terms of good governance. This sophomore edition continues the theme of good governance as the goal of democracy, focusing on inclusiveness/responsiveness; the rule of law and related concepts. Enjoy.
DEMOCRACY AND THE PROMISE OF GOOD GOVERNANCE
Literally, good governance simply means good government or good leadership. To appreciate the concept of good governance, it will be better to start with knowing what governance implies. The term, governance, is a very versatile one with different meanings. It is simply used to refer to the way in which a government discharges its duties and obligations. Governance is seen as the process of steering state and society towards the realization of collective goals.
Joseph E. Stiglitz in his book Globalization and Its Discontents says Good governance is characterized by an accountable, transparent, and inclusive decision-making process, which ensures equitable outcomes and sustainable economic and social development (Joseph E. Stiglitz, ‘Globalization and Its Discontents’ (2003).).
Dahl, Robert A. in his book Democracy and Its Critics opines that Good governance requires that political processes are inclusive, ensuring that citizens have the ability to participate in meaningful ways (Robert A. Dahl, ‘ DEMOCRACY AND ITS CRITICS’ New Haven:Yale University Press. 1989.). A democratic process where citizens’ views and rights are respected and protected by law. In 2001, Thandika Mkandawire in Thinking about Governance: The Case of Africa. Mkandawire stated that Good governance in Africa should be seen in terms of both the legitimacy of political systems and the capacity of states to perform. It entails strong institutions that ensure political stability, social equity, and the effective delivery of public services to meet the needs of the population.
Chinua Achebe explains that Good governance in Africa is founded upon a commitment to justice, integrity, and respect for the dignity of every individual (Dallas Baptist University, ‘Chinua Achebe on The Purpose and Values of Things Fall Apart’ <https://www.dbu.edu/mitchell/post-colonial-resources/achebequ.html> accessed on the 6th of March, 2025.). It requires a government that listens to its people, is responsive to their needs, and operates with transparency and accountability.
The concept of good governance is neither new nor novel; it has existed since the dawn of human civilization. In simple terms, governance, refers to the process of decision-making and the subsequent implementation (or lack thereof) of those decisions. Governance has been described as an approach or perspective that examines the relationship between state and societal institutions, as well as how rules are created and accepted as legitimate in society to promote values that individuals and groups seek. It is also linked to the foundational values and constitutional policies that define governing institutions, guide their actions, and shape the complex relationships between these institutions and society. Public management based on good governance principles aims to improve the system of government by emphasizing efficiency, responsibility across institutions, promoting democratic principles, and establishing a new relationship between government and civil society.
According to Downer, good governance is the process by which public institutions manage public affairs, oversee resources, and ensure the realization of human rights (Downer A. ‘Good Governance: Guiding Principle for Implementation’ Australia: Ministry for Foreign Affairs (2001).). This process is carried out with minimal corruption and abuse, respecting the rule of law. The true measure of good governance, based on the above definitions, lies in its ability to fulfill the promise of human rights, civil, cultural, economic, political, and social rights. The UN Human Development Report identifies two aspects of governance: leadership, which is responsible for effective governmental organizations, and the governed, or citizens, who must contribute to the socio-economic and political affairs of society (Lisa-Maria Glass and Jens Newig, ‘Governance for achieving the Sustainable Development Goals: How important are participation, policy coherence, reflexivity, adaptation and democratic institutions?’ Earth System Governance (2019) 2.). Essentially, governance is the relationship between rulers and the ruled, the state and society, governors, and the governed. For legitimacy, accountability, credibility, and responsiveness to be achieved, it is crucial for both sides of this relationship to be closely aligned, ensuring that the rulers remain accountable and the citizens actively engage without corruption.
An important dynamic in governance is the change that often occurs within the system. For example, laws that regulate behaviour or activities may change over time. However, when these changes happen too frequently without thorough evaluation, instability can arise, potentially disrupting operations. Governance can vary significantly from country to country. Despite similarities in natural resources and social structures, countries may show differing results in improving their citizens’ welfare, largely due to governance standards. In countries where corruption, poor management of public funds, lack of accountability, human rights abuses, and excessive military influence prevail, development tends to be hindered.
IMPORTANCE OF GOOD GOVERNANCE
– Efficient processes – due to their routine repeats in the process and consistency of tasks, it has brought huge attachment to its relevance to the public sector.
– Visibility of errors – the routines of events and the consistency as it quickens and highlights nonconformities in the process.
– Reduction in costs – It eliminates wastages from scrap, rework, and other non-value added processes.
– Smooth running process.
– Financial sustainability.
– Clarity
– Reputation
The essence of good governance lies in the principles of accountability, transparency, responsiveness, inclusiveness, and the rule of law. For democracy to lead to good governance, it must ensure that these principles are realized. In the Nigerian context, there have been notable improvements in some areas, but there have also been persistent problems that undermine the potential of democracy to deliver good governance.
1. Accountability and Transparency
Accountability is where an individual or organization is responsible for their actions and decisions. Cambridge Dictionary describes accountability as “the fact of being responsible for what you do and able to explain it when asked.” The Macmillan Dictionary defines accountability as “the fact of being responsible for what you do and for the results of your actions.” In essence, accountability involves being answerable for one’s actions and ensuring that there is transparency and responsibility in fulfilling duties or obligations.
One of the primary tenets of democracy is accountability, where elected officials are answerable to the electorate for their actions. In theory, democracy should allow citizens to hold their leaders accountable through elections and other democratic processes such as civil society activism and the media. In Nigeria, elections have been held regularly, and power has been transferred peacefully between governments. However, the reality is that electoral processes are often marred by irregularities, fraud, and manipulation. The Independent National Electoral Commission (INEC), tasked with overseeing elections, has been criticized for not adequately addressing voter fraud, ballot stuffing, and vote buying, which have eroded public trust in the electoral system. (Olusola, S. ‘Electoral Integrity and Governance in Nigeria’ African Political Review (2018) 24(2)).
There is a broad agreement that “transparency” is closely tied to the right to know and the public’s access to information. The Cambridge Online Dictionary defines transparency as “the quality of being easy to see through,” “the practice of being open and without secrets,” and “a situation where business and financial activities are conducted openly, ensuring fairness and honesty.” Similarly, the Macmillan Online Dictionary describes it as “the state of being clear enough to see through” and “a straightforward approach that allows others to understand exactly what is being done.” Transparency is a key measure of governance effectiveness and impact, emphasizing openness, honesty, and clarity. “Good governance” encompasses several key attributes: it is participatory, consensus-driven, accountable, transparent, responsive, effective, efficient, equitable, inclusive, and adheres to the rule of law. It ensures the minimization of corruption, considers minority views, and ensures that the voices of society’s most vulnerable are heard in the decision-making process.
There are mainly two types of transparency. The first is proactive transparency, which involves publishing information of public importance before the public demands it. This approach is based on the belief that all information of public significance belongs to the public and is only held by governmental bodies. It asserts the public’s general right to know, and proactive transparency serves as a mechanism for exercising that right. This concept is supported by public administration theorists and international organizations, such as the World Bank. The second type is reactive transparency, which also concerns the public’s right to know, but is carried out in response to popular demand. The goal of achieving full transparency stems from the belief that democracy is rule by the people and that elected representatives are temporary agents who are accountable to the citizens. Defined this way, reactive transparency requires public authorities to ensure that citizens are given equal access to information as decision-makers and to share information with the public at the same time as it is shared within the administration. For public administration to respond efficiently and professionally to citizens’ needs and provide quality public services according to the principles of “good governance,” it is crucial to increase transparency and improve ethical standards. A government that is open and accessible is more likely to be transparent. This realization has led to a global movement for more openness in government operations. Michael Johnston defines transparency as the “capacity of outsiders to obtain valid and timely information about the activities of government or private organizations.” He further notes that the enactment of the Freedom of Information Act in the United States in 1966, which provided limited guarantees of citizen access to government information, was a milestone in transparency. This model has been adopted in other countries. Democratic and market reforms, along with the growing anti-corruption movement, have significantly contributed to the establishment of transparency as a key governance concept.
Transparent political processes are viewed as more accountable and democratic, while transparency in the economy facilitates free-market operations. In both contexts, rights to access information and the corresponding obligations of institutions to uphold those rights are considered safeguards against abuses and vital components of good governance. Transparency is seen as essential to various political goals, such as combating corruption, ensuring fair election financing, enhancing democracy, strengthening democratic institutions in transitional societies, and reducing international conflicts. Despite significant changes in Nigeria’s federal structure over time, the country still faces challenges related to transparency and accountability. Power in Nigeria is concentrated within the executive branch, led by the President and his Ministers, and party discipline often means minimal legislative opposition to government policies. The lack of transparency and accountability has undermined the legitimacy of the government. In Nigeria, the need to enhance transparency and accountability in intergovernmental relations is especially urgent due to widespread corruption and the lack of adequate checks on the powers of officials. Transparency is closely linked with accountability and other fundamental principles of modern democratic societies, such as open justice, open government, freedom of information, and public consultation. (To be continued).
THOUGHT FOR THE WEEK
“Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation” – Atifete Jahjaga
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The Oracle
The Oracle: Tinubu’s Forest Guard: Who Will Guard the Guard?
Published
2 weeks agoon
July 4, 2025By
Eric
By Prof Mike Ozekhome SAN
INTRODUCTION
WHEN THE FOREST HIDES MORE THAN TREES
To paraphrase an old African proverb, “when the forest is silent, beware, it may be plotting”. Nigeria’s forests are no longer just a canopy of trees sheltering wildlife and whispering winds; they have become a theatre of terror. Armed bandits, kidnappers and insurgents have “discovered” what ancient wisdom already knew: that the forest is the perfect hideout. In response, President Bola Ahmed Tinubu has proposed a bold and ostensibly visionary plan, the deployment of a national forest guard corps. This move has since sparked hope, skepticism, and fierce federalism-versus-unitarism debates.
At the heart of this strategy is the ambition to reclaim over 1, 129 forest reserves scattered across Nigeria’s sprawling terrain, most of which now serve as havens for terrorists and criminal syndicates. With over 130,000 armed operatives to be recruited and deployed, it is easy to view this initiative as the long-overdue solution to Nigeria’s security woes. But this move is not just about logistics and boots in the bush; it is about sovereignty, legality, and local legitimacy. Is Tinubu’s forest guard plan a federal solution to a national emergency, or is it an ill-fated centralization of local security challenges, enabling the federal government to breath down the necks of State governments?
To answer this, we must examine the legal, constitutional, and operational frameworks of Tinubu’s initiative, evaluate historical precedents, and analyze the potential risks of imposing a federally controlled paramilitary force in forests that historically and legally belong to the states. We must also interrogate whether security can be bought with arms alone; or whether it grows from the grass roots up.
But before we venture into the thicket of policy and power, let us consider the context that birthed this proposal. Nigeria’s forests, which were once ecological sanctuaries, have gradually degenerated into lawless zones of bloodbath. The green expanse that should echo with bird calls and animal grunts now reverberate with gunfire. Insecurity in rural and agrarian communities has reached such alarming heights that farmers have virtually abandoned their lands, leading to food insecurity, economic stagnation, and mass displacement. The forests no longer nurture life; they generate death.
BETWEEN POLICY AND IMPLEMENTATION
The government’s decision to respond with a large-scale recruitment of forest guards may indeed seem intuitive, after all, it aligns with the global trend of ecological militarization in fragile states. Yet, the structure of implementation matters deeply. If the architecture of this plan disregards Nigeria’s federal nature, it risks exacerbating the very crisis it was intended to solve. Forests may be rooted in soil; but the guardianship of that soil is rooted in law, identity, and community ownership. The principle of quic quid plantatur solo solo cedit applies. Forest guards who do not share the language, culture, history or kinship of the terrains they are sent to police will surely be seen as outsiders. And such outsiders in the forest may become either victims or villains.
Furthermore, this proposal arrives at a critical moment in Nigeria’s democratic evolution. Debates over state and community policing, restructuring, devolution of powers and regional autonomy are no longer intellectual abstractions; they have become national imperatives. See sections 215 and 216 of the 1999 Constitution. Tinubu’s plan whether deliberately or inadvertently, intersects with these gaping fault lines. To superimpose a federally-managed forest force without recognizing the nuanced relationships between state, land and community is to risk uprooting fragile peace and replacing it with more severe antagonism.
Now, are we really a federation in truth or merely in name? I dare say what we operate in the guise of federalism is actually a unitary form of government. Can national unity be enforced through uniformed patrols, or is it better than it be cultivated through shared values and governance? As we delve deeper, the question is not just who guards the forest, but who decides who guards the forest, and in whose name. Indeed, a deeper question: Who will guard the Guard?
THE FOREST, THE FEDERALIST AND THE FEDERATION
CONSTITUTIONAL REALITIES: THE POWER OF THE STATES OVER FORESTS
In any federal system, the distribution of power especially over land and internal security is a defining hallmark. Nigeria’s federalism is no exception. The country’s current structure, codified under the 1999 Constitution (as amended), clearly delineates the powers of federal, state and local governments.See sections 2(2),3(1-6) of the 1999 Constitution. A close reading of section 7 and the Fourth Schedule ( paragraph 2( b) to the Constitution highlights the responsibilities of Local Government Councils, including the control and regulation of agricultural and natural resources and by extension, includes forest land not reserved to the Federal Government. This immediately places forests, by default, under the control of the states, unless specifically designated otherwise,since Local Governments are located in states.
Furthermore, the Land Use Act,1978, which is incorporated into the Constitution by reference (section 315), gives state governors control over all lands within their territory, excluding those under federal use, to hold them in trust for the people of their States. The Act empowers governors to allocate land in urban areas to individuals and organizations, and to oversee the use of non-urban land through Local Government Councils. Consequently, the direct implication is that any forest or land not classified under national parks, Federal Reserve zones, or military controlled areas, falls squarely under the jurisdiction of the state.
FEDERAL V. STATE POWER
Of Nigeria’s 1, 129 officially gazetted forest reserves, the vast majority are managed by state forestry departments under their ministries of agriculture, rural development or environment. These include large forest blocks in states like Cross River, Ondo, Ogun, Taraba, and Ekiti, many of which are vital to local economies, ecological sustainability, and food security. The federal government only controls forest areas designated as National Parks(such as Gashaka-Gumti National Park, Kainji Lake National Park, Cross River National Park, and Old Oyo National Park), administered under the National Park Service, an agency of the Federal Ministry of Environment.
Attempts to impose direct federal recruitment and control over forest guards in state-managed forests without legislative amendments or formal agreements risk violating both the spirit and letter of the law. Even within the federal legislative framework, forest policing is not explicitly listed on the Exclusive Legislative List, meaning that it falls under either the Concurrent List (shared responsibilities between the federal and states) or, in most practical scenarios, the Residual List, which is left to states’ discretion.
UNITARISM IN DISGUISE?: THE DANGER OF A FEDERAL PARAMILITARY FORCE
Unitarism masquerading as federal security cooperation is a deeply sensitive issue in Nigeria, where ethnic plurality, historical grievances, and political mistrust run deep. The idea that over 130,000 armed operatives could be centrally recruited, trained, and deployed under federal command while ostensibly operating within state territories is understandably alarming to many stakeholders. It evokes painful memories of other federally-controlled agencies that have operated with little or no regard for local dynamics and often with tragic consequences.
The Special Anti-Robbery Squad (SARS) is a case in point. Established as a unit within the Nigeria Police Force, SARS was accused of gross human rights violations, including extra-judicial killings, torture, and extortion. Its federal command structure meant little accountability to state governments or communities. The #EndSARS protests of 2020, which began as youth-led demands for police reforms, quickly morphed into a broader call for systemic change, highlighting the dangers of over-centralized security control architecture.
Similarly, the Nigeria Security and Civil Defence Corps (NSCDC), while useful in its community protection mandate, has often been accused of operational inefficiencies and jurisdictional clashes with state authorities. Cases of NSCDC operatives acting with impunity or engaging in power struggles with local law enforcement agents are well documented.
Against this backdrop, Tinubu’s forest guard plan raises critical concerns. How can a federal command effectively manage such a force across diverse terrains, languages, and cultures without falling into the same trap of over-centralization and under-accountability? What happens when these guards act outside the law, or when federal and state authorities disagree on deployment priorities? Who investigates complaints of misconduct, especially in remote rural areas? Who has the final say?
These questions are not merely theoretical. In countries with similar federal structures, such as India and the United States, forest protection and environmental policing are almost always handled at the state or provincial level, often under decentralized bureaucracies with state-specific laws and enforcement mechanisms. For instance, India’s Forest Protection Committees are embedded in local governance structures, while U.S. State Park Rangers operate independently of federal policing units unless specific interstate or federal crimes are involved.
Nigeria’s own federal structure should offer no less sophistication. The creation of another federal paramilitary force, especially one that operates deep in the natives’ forests without local allegiance or accountability, risks becoming not a solution but a security liability and worse, a political tool in the hands of a powerful centre.
INDIGENOUS SECURITY MODELS: THE CASE FOR LOCAL RECRUITMENT
The wisdom of local recruitment is both practical and cultural. Insecurity in Nigeria’s forests is not just about guns and patrols, it is about intelligence, relationships and trust. Bandits and criminal syndicates thrive in environments where locals are alienated from the security structure. Conversely, they are more easily repelled when local vigilantes, hunters and indigenous operatives form part of the security fabric.
The Nigerian Hunter and Forest Security Service (NHFSS), which operates across the 36 states and the FCT Abuja, provides a compelling model. Comprised largely of traditional hunters and forest dwellers, the NHFSS brings a unique blend of tactical expertise and cultural affinity. In states like Kogi, Kebbi and the FCT, NHFSS operatives have been instrumental in intercepting kidnap gangs, uncovering illegal encampments, and collaborating with security agencies. Their effectiveness is rooted not in superior weaponry, but in their deep understanding of their peculiar terrain, their loyalty to the community, and the trust they command from locals.
A retired Army General, Peter Aro, hailed the development as a critical step in addressing rising insecurity within Nigeria’s forested regions, particularly the scourge of banditry, kidnapping, and insurgency. Forest guards must possess field survival skills, terrain literacy, and community integration. These are not qualities one can mass-produce in Abuja through crash course training programmes. Furthermore, security should be intimately linked to traditional institutions, such as village heads, district councils, and traditional rulers, who provide crucial intelligence and moral authority.
Security analyst Chidi Omeje has also pointed out the danger of sending “fresh recruits with basic firearms” into forest zones where criminal elements are known to possess military-grade weapons. He advocates for a dual-layered model, where locally embedded forest guards work alongside the military and police but under local command structures.
There are also precedents for success. The Amotekun Corps in the South West, and the Benue Community Volunteer Guards, are examples of locally-driven initiatives that have shown promising results. While not without their challenges, these corps are better attuned to the local environment and have the legitimacy to act swiftly in ways that federal forces cannot.
Furthermore, a decentralized approach would stimulate local economies. Recruitment of indigenes provides employment, instills civic pride and strengthens the social contract bond. It also ensures that the guards see themselves as protectors, not as occupiers, a distinction that is vital in volatile communities where the line between security agent and aggressor is often thin.
In summary, while the federal government has a legitimate role in coordinating national responses to threats, its approach must be that of a facilitator, not a commander. Support through training, funding, surveillance technology (e.g., drones, forest mapping systems), and standard setting is invaluable. But command and control must remain at the state level, rooted in the soil, culture, language, idiosyncrasies and rhythms of the communities the guards are sworn to protect.
Between The Forest And The Firepower: Finding The Right Strategy
The Forest As Nigeria’s New Battlefield
Nigeria’s forests, once treasured for their ecological richness and environmental contributions, are increasingly viewed through the lens of national security. Spanning over 10 million hectares which is about 10% of the total land area of Nigeria, Nigeria’s forest reserves are now being infiltrated by violent actors and used as operational bases for bandits, insurgents, arms traffickers, and cross-border criminal networks. These reserves especially those in Kwara, Niger, Benue, Taraba, Zamfara, Kaduna, and Oyo have morphed into de facto war zones, where traditional policing is rendered ineffective and the military often finds itself in reactive mode.
One particularly troubling example is the Kainji Lake National Park, a protected area that spans the borders of Kwara and Niger States. Though it is officially under federal protection, its vast and difficult-to-monitor terrain makes it a prime corridor for terrorist and bandit movements. According to security reports from the Nigerian Army’s 8 Division, several armed groups have taken advantage of the park’s proximity to Nigeria’s northwestern and central states to establish hidden bases, smuggle arms, and coordinate attacks.
Similarly, the Old Oyo National Park, which straddles Oyo, Kwara, and Niger States, has become a hotspot for criminal activity. Local intelligence from communities surrounding the park indicates that bandit groups expelled from Zamfara and Katsina have found refuge in this forest. These criminal elements exploit the remoteness of the area and the absence of a permanent security presence to regroup and launch attacks on nearby settlements.
Beyond national parks, numerous ungazetted forests especially in the Middle Belt serve as strategic hideouts for Fulani militia groups, foreign mercenaries, and rogue elements linked to organized crime. In Benue State, Governor Hyacinth Alia has repeatedly warned of incursions by foreign terrorists, allegedly linked to cross-border herder militias. The Upper Ogun Forest Reserve, a large forest block in Kwara, has also come under scrutiny following reports that Mahmuda terrorist group members used it to transit between Nigeria and the Republic of Benin.
The implications of these developments are profound. Without forest security, Nigeria not only risks losing its forests to environmental degradation but also ceding large swaths of land to non-state actors, thus turning forest reserves into breeding grounds for violent extremism. Yet, while the urgency to act is undeniable now, the quality of response matters more than its speed.
Deploying undertrained or poorly equipped forest guards into these volatile environments would be akin to sending lambs into a lion’s den. The intelligence, terrain mastery, and firepower required in such engagements go far beyond the remit of conventional paramilitary forces. You cannot send men with shotguns into a forest ruled by terrorists with RPGs. This is not hyperbole, it is a stark reality, backed by recurring video evidence of bandits showcasing sophisticated weaponry, satellite communication tools, and, in some cases, armored vehicles.
Military Might Vs. Paramilitary Prowess: A Strategic Dilemma
At the heart of Nigeria’s forest security conundrum lies a fundamental strategic mismatch. On one side is the proposal to deploy lightly armed forest guards; on the other is a threat landscape populated by insurgent groups with military-grade capabilities. Nigeria remains one of the most affected countries by terrorism, with Boko Haram, ISWAP, and multiple bandit groups shifting focus from urban bombings to rural forest insurgency.
Reports confirm that many of these groups are now entrenched in forests stretching from Zamfara to Taraba, taking advantage of limited surveillance and sluggish security response. These criminal outfits reportedly employ rocket-propelled grenades (RPGs), improvised explosive devices (IEDs), drones and night-vision equipment, a sophisticated arsenal far superior to the basic AK-47s or pump-action rifles many forest guards are expected to wield. This power disparity raises a serious question: Can forest guards, even in significant numbers, hold their ground against such adversaries?
A Desirable Narrative
The answer, quite evidently, is no, at least not alone. This does not render the forest guard model irrelevant, but it necessitates a reimagining of their role. Forest guards should not be conceptualized as primary combatants but as intelligence operatives, terrain scouts, and first responders. Their role must be complementary, not confrontational, with local guards. Embedded within local communities, they are best positioned to detect unusual movements, provide early warnings, and assist in planning police or military interventions.
Such integration would mirror the highly successful model employed by the Civilian Joint Task Force (CJTF) in the North-East, which supported the Nigerian military in combating Boko Haram. The CJTF did not go to war with terrorists alone. Rather, they provided community intelligence, identified suspects, and enabled smoother military operations.
The same should apply to forest guards. Deployed as community embedded liaisons, their greatest strength lies not in brute force but in proximity, familiarity, acculturation and adaptability. They must work in synergy with the local guards, Army, Police, DSS, and NSCDC, ensuring that information gathered at the grassroots level informs strategic planning at the federal level.
Another vital element is equipment and communication infrastructure. In many rural areas, mobile networks are poor, and emergency communication is non-existent. Forest guards should be equipped with satellite phones, GPS trackers, surveillance drones, and bodycams. Training must include combat survival, hostage negotiation, and tactical withdrawal protocols. It’s not enough to train them how to fight; they must also learn when, where and how not to fight.
The Path Forward: A True Federal Partnership
While President Tinubu’s forest guard initiative is ambitious and well-intentioned, its execution must be shaped by constitutional fidelity, operational pragmatism, and community trust. Nigeria’s diversity requires policies that are locally adaptive but nationally coordinated. A strategic roadmap should therefore include the following:
Legislative Reform and National Forest Security Act
This act should define the parameters of forest security across the federation. It must empower states to create, manage, and control forest guard units while providing room for federal assistance in the form of funding, training standards, and interoperability protocols with federal security services. The act should also clarify jurisdictional boundaries, ensuring there’s no operational conflict between federal and state forces.
Indigenous Recruitment and Decentralized Command
Only indigenous recruits, drawn from host communities, should serve in forest guard units. This principle ensures language proficiency, cultural awareness, and community acceptance. State governments, in partnership with local traditional rulers, should drive recruitment processes, with background checks vetted by local police and DSS operatives. This will mitigate risks of infiltration by criminal elements.
Technology-Driven Surveillance Infrastructure
Equipping forest guards with modern tools is not optional; it is imperative. Drone surveillance, motion-triggered cameras, satellite-linked walkie-talkies, and forest mapping systems should be deployed. The National Space Research and Development Agency (NASRDA) and Nigerian Communications Commission (NCC) can play a supporting role in developing and deploying such technologies.
Strategic Federal Support, Not Operational Control
The role of the Federal Ministry of Environment and Office of the National Security Adviser must be clearly coordinative, not administrative. Federal agencies should support states through centralized training academies, logistics depots, and intelligence sharing platforms, but the command structure should remain domiciled in state ministries or specially created state security commissions.
Community Accountability and Oversight Boards
Every state should establish Forest Guard Oversight Committees composed of community leaders, the youth, civil society groups, religious figures, and security agencies. These committees would track operations, address complaints, and ensure that forest guards act within the bounds of law and ethics. Regular town hall reports and audits should be mandated.
Integrate Environmental Protection and Counter-Insurgency Goals
One major flaw in Nigeria’s security strategy is the siloed approach to environmental policy and national security. The forest guard initiative offers a unique opportunity to bridge this divide. Forest guards should be cross-trained in both environmental protection and tactical field surveillance, thereby serving a dual purpose: preserving Nigeria’s biodiversity while countering environmental crimes that fund insurgent activities.
Illegal logging, poaching, and charcoal trading are multi-billion-naira black-market economies that fuel insecurity in rural areas. According to the United Nations Office on Drugs and Crime, environmental crimes in West Africa generate funds that are often funneled to criminal cartels and armed groups. A forest security force that understands these dynamics can better dismantle such networks.
It is imperative to partner with the Federal Ministry of Environment, Nigerian Conservation Foundation, and international organizations like UNEP to embed environmental crime detection into forest guard training modules.
Establish a Centralized Forest Intelligence Command
Given the complexity of forest based criminal operations and their links to wider terrorism and transnational crime, it is essential to build a dedicated forest intelligence infrastructure. This unit, the Centralized Forest Intelligence Command (CFIC), should be a joint inter-agency platform bringing together the Police, NCDC, DSS, Military Intelligence, Nigerian Immigration Service, local guards and Forest Guard Commanders from each state.
CFIC would use advanced tools such as geospatial intelligence (GEOINT), signals intelligence (SIGINT), and drone reconnaissance to provide real-time threat mapping, track insurgent movements, and anticipate forest-to-urban migration of threats. Such an initiative would vastly improve response time and prevent security breaches before they happen.
The CFIC should be integrated into Nigeria’s National Security Architecture under the supervision of the National Security Adviser, but operated through a state federal coordination model with joint personnel and interlinked command centres.
Promote Cross-Border Forest Security Cooperation
Given that Nigeria shares porous forest borders with Benin Republic, Niger, Chad, and Cameroon, it is vital to recognize the transnational dimension of forest insecurity. Bandits and militants frequently move across these borders, exploiting weak surveillance and diplomatic inertia.
Nigeria must lead in establishing a Regional Forest Security Pact in collaboration with ECOWAS and the African Union (AU) security platforms. This pact would promote joint patrols, shared intelligence, coordinated raids, and the establishment of joint forest monitoring stations in border regions like Borno, Taraba, Cross River, and Sokoto.
The Ministry of Foreign Affairs should work with ECOWAS to initiate bilateral and multilateral forest security agreements, underpinned by joint training programs and extradition protocols for forest-based offenders.
Conclusion
Where The Trees Stand Tall, So Too Must The Constitution
In the final analysis, Nigeria’s forest guard initiative under President Bola Tinubu offers more than just a policy experiment; it presents a litmus test for the country’s commitment to federalism, local empowerment, administration and smart security strategy. The forests in question may be dense with trees, but the issues surrounding them are denser still: constitutional authority, operational viability, regional identity, and national unity.
We have seen how the forests have evolved from mere ecological zones into the dark sanctuaries of insurgents, traffickers, and mercenaries. We have seen how well meaning central interventions, if not delicately structured, can become bulldozers flattening both local agency and constitutional principles. And we have seen how a locally grounded, technologically equipped, and constitutionally-compliant model can actually work transforming the forest guard idea from a controversial headline into a security legacy.
But let us be clear, you do not fix a leaky roof by installing a chandelier. You do not solve rural insecurity with a flood of centrally deployed gunmen unfamiliar with the peculiar terrain or the tongues spoken therein. Instead, Nigeria must adopt a model that blends local trust with federal muscle, traditional knowledge with modern technology, and constitutional wisdom with operational pragmatism.
The forest is watching, as are the communities who live by it, feed from it, and now fear it. Let us ensure that the guardians we appoint are not strangers in camouflage, but sons and daughters of the soil; trained, trusted, and tethered to the trees they are sworn to protect. After all, if we cannot see the forest for the law, we may end up losing both. And in that case, the trees would not be the only casualty left standing in silence; our Democracy may also be.
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