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