Paper presented at the Ogun 2025 National Conference of Egbe Amofin Odua on Regional Justice, Security and Sustainable Development, held from 5th to 7th August 2025, at Mitros Residences, Ibara Housing Estate, Abeokuta.
Imagine a weary mother in Maiduguri, her eyes filled with fear after Boko Haram raided her village. She fled into the night with her children, clutching whatever remnants of her life she could carry. I have encountered similar faces in my three decades as a lawyer, victims who believed that Nigeria’s laws would protect them, only to find those laws lagging behind the threats they face.
Today, we gather as legal scholars not merely to lament the situation, but to forge a path forward. We will weave together narratives from the Northeast, where terror reigns; the Southeast, where separatist unrest persists; and the rampant bandit kidnappings occurring in various regions. We must also acknowledge the recent violence, such as the mass killings in Benue State, which resulted in 42 deaths in just one weekend. All of this occurs against the backdrop of ongoing farmer-herder clashes in the Middle Belt.
Through it all, we will ask ourselves: How can justice and security create a foundation for sustainable development in our nation?
Boko Haram and the Northeast Humanitarian Crisis
The image above shows a tent city in Borno State, highlighting the hidden toll that insurgency has taken in Nigeria’s northeast. For over a decade, Boko Haram and its splinter group, ISWAP, have devastated villages across the region. Research organisations report that more than two million Nigerians have been forcibly displaced in the Lake Chad area, with tens of thousands losing their lives in violent attacks and retaliations. This year alone, a horrific assault in Yobe State saw militants slaughter scores of villagers as they slept, with 170 men and boys brutally hacked to death. Earlier in Borno State, Boko Haram abducted hundreds of women and children from an internally displaced persons (IDP) camp.
These alarming statistics hide the personal tragedies suffered by individuals. Geopolitical Intelligence Services (GIS) reporters recently chronicled the harrowing story of a mother, “Madam Hannatu,” who fled through the bush for 10 hours under the cover of night, carrying her three-year-old son after Boko Haram burned her village to the ground. Tragically, a woman in her group was shot while caring for her baby. Such stories of distress are repeated daily. Displaced families are crammed into makeshift camps, struggling to find food, shelter, and education. In essence, the ongoing insecurity has stunted progress throughout the Northeast—schools are closed, farmers have deserted their fields, and roads lie silent, overshadowed by fear.
In the courtroom, the effects of this situation are evident. Victims who pursue justice against suspects find that prosecutions rarely succeed, as judges often lack the necessary evidence when witnesses are too afraid to come forward. Our weak response has only emboldened the terrorists. Boko Haram’s reign of terror isn’t a relic of the past; it has been ongoing for a decade. Federal security forces, despite the bravery of many soldiers, are stretched thin across a vast area. Meanwhile, insurgents exploit the gaps in police presence and judicial support, confident they can carry out further attacks.
Separatist Unrest and Crime in the Southeast
Even beyond the Niger River, the threat of insecurity looms large. In the Northcentral and Northwestern states, local gangs and herdsmen have established areas of terror. These so-called “bandits” travel through villages in pickup trucks or on horseback, raiding farms for food, cattle, and hostages. Just last year, a notorious incident in Kaduna State resulted in nearly 400 people being abducted from schools and villages in one night; many of them were schoolgirls taken while still in their uniforms. Although government officials later revised the final count to a smaller number, the initial report shattered public confidence.
Nearby, armed gangs stormed a boarding school in Sokoto State and kidnapped 15 students. These attacks rarely face significant resistance from the slow-moving federal police.
In Northcentral states like Plateau and Benue, clashes between herders and farmers have intensified. A massacre on Christmas Day in Plateau resulted in the deaths of over a hundred villagers. By mid-2024, the UN’s International Organisation for Migration estimated that over a million Nigerians had been displaced in these central and northwestern regions, fleeing violent raids that struck with less warning than a change in the weather. Thousands of displaced families are now crowded into camps in the states of Katsina, Zamfara, Niger, and beyond. Some bandits have formed their own insurgent cells, selling hostages to finance the acquisition of more weapons.
These kidnappings impact every level of society. In one shocking example, on May 9, 2024, heavily armed men burst into lecture halls at the Confluence University of Science and Technology in Kogi State and forcibly took more than 20 students into the night. The campus emptied in terror; although most of those students were later rescued, tragically, two were found murdered. Earlier, in March 2024, a gang kidnapped three medical students from their dormitory at the University of Calabar, demanding a ransom for each. Such incidents have become so common that parents now hesitate to send their children to school.
Farmers live in fear on our country roads. I spoke with a cotton farmer who now hides his harvest and crops at night because bandits have ambushed him on every market trip he attempted. Truck drivers avoid certain highways entirely due to a surge in abductions. The chilling effect is clear: agricultural output declines as fields go untended, and educational progress falters as parents pull their children out of school.
Open Grazing and Farmer-Herder Clashes
Open grazing, which allows for the free movement of cattle herds across farmlands, has become a significant driver of conflict between farmers and herders in Nigeria’s Middle Belt and southern regions. This practice, once a symbol of a harmonious seasonal rhythm, has been disrupted in recent years. Factors such as changing climate patterns and desert expansion in the northern regions are pushing Fulani herders further south into Nigeria’s fertile middle belt and even into the southwest.
Historically, nomadic herding and settled farming coexisted through a system of seasonal transhumance, which relied on negotiated grazing routes and traditional agreements. However, the current landscape has dramatically changed. Increasing population growth, the conversion of land for agriculture, desertification, especially in the Sahel, and climate-driven migration have significantly narrowed traditional grazing corridors. Additionally, weak regulatory frameworks and a lack of livestock traceability have undermined governance capabilities in these areas.
The violence resulting from these farmer-herder encounters has led to thousands of fatalities. In response, several state governments have enacted strict anti-open grazing laws. Ekiti State was the first to implement such measures in 2016, followed by Benue and Taraba in 2017, which banned cattle from open lands and classified armed herders as criminals. More recently, other states, including Edo, Kwara, Plateau, and Ebonyi, have adopted similar prohibitions. The issue has also reached the national level, with the Senate debating a bill in 2024 aimed at outlawing open grazing nationwide and establishing ranches for cattle breeding. Lawmakers highlighted the need to address free-roaming cattle, warning that neglecting this issue could lead to severe consequences for the country.
However, the passage of laws is merely the beginning. In many rural communities, enforcement of these regulations remains inconsistent. For instance, during a traditional council meeting in Plateau State last year, local farmers expressed their frustration over the destruction of their farms and loss of life due to cattle.
Yet, government presence in these remote areas is often lacking, leading some villages to form vigilante patrols to monitor for stray herds. These patrols, however, frequently struggle without official support and can inadvertently become involved in violence themselves.
It is also crucial to recognize the legitimate needs of herders. Many Fulani families face displacement due to drought and conflict, and grazing bans can exacerbate their circumstances if no alternatives are provided. As a potential solution, ranching is frequently proposed as a mutually beneficial option. The Senate bill suggests the formation of national and state ranch commissions, allowing herders to legally graze on designated lands. If implemented effectively, this approach could help transform conflict into cooperation between farmers and herders.
Impacts of Open Grazing
• Humanitarian toll: The herder farmer conflicts have claimed over 15,000 lives and displaced hundreds of thousands since 1999.
• Agricultural disruption: In Benue State alone, insecurity has led to significant crop and livestock losses, with a 1 % rise in incidents corresponding to a ~0.2 % drop in crop output.
• Environmental degradation: Unregulated grazing exacerbates desertification and soil erosion, further depleting productive farmland.
• Social fragmentation: Violence often assumes ethnic and religious dimensions, driving the creation of militias and destabilizing local communities.
Legal & Institutional Framework
Federal & State Statutes
• Federal Land Use Act (1978) vests land tenure authority in governors.
• State-level anti-open grazing laws (e.g., in Benue, Ekiti, Taraba, Oyo) ban free-ranging cattle movement, require permits, designate ranch zones, and enforce penalties (e.g., up to ₦1 m or five years’ jail).
Gaps & Implementation Challenges
• Enforcement remains uneven: security agencies often resist or inadequately support state laws.
• Herding and grazing reserves like RUGA face strong opposition from farmers, communities, and civil society, as many view them as unconstitutional or a threat to property rights.
Mechanisms for Combating Open Grazing
Strengthened Legal Enforcement
• Implement and harmonize anti-grazing statutes across federating units. Cooperation between federal and state governments, akin to the Asaba Declaration, in which 17 southern governors banned open grazing, is critical.
• Improve capacity for livestock traceability and identification through registration systems.
Livestock Sector Modernization
• Promote commercial ranching and feedlot operations with incentives such as tax breaks, access to credit, and veterinary services.
• Scale up grazing reserves: USAID- and Gates Foundation–backed Damau reserve has already created over 141 such reserves in 21 states.
Security & Justice Interventions
• Expand community-based Agro-Rangers and mobile courts to ensure rapid, localized enforcement.
• Establish early-warning systems using both geospatial tools and grassroots communities to pre-empt conflicts.
Conflict Prevention & Social Integration
• Engage traditional and religious leaders in peace committees and dispute resolution bodies.
• Promote dialogue between farmer and herder associations, including infrastructural collaboration to alleviate fear and build trust.
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The Case for State Police
The patchwork of security failures we have described underscores a critical lesson that one-size-fits-all policing has not worked. Nigeria’s police are stretched thin and too centralized. As former House Speaker Femi Gbajabiamila once remarked, the federal force “cannot effectively meet the expectations of the citizenry” with its current manpower and resources. At dozens of town halls and legal clinics, people voice the same refrain: the local police station is too far, too few, or simply too suspicious of their community to be trusted.
Against this backdrop, calls for state-controlled police forces grow louder. Imagine a police force answerable to your governor and people’s assembly with officers recruited from your region, trained to know its languages and customs. Proponents point out clear advantages: greater local knowledge, faster responses to incidents, and tighter accountability to state governments and citizens. In theory, a focused state police could leave the federal force free to tackle transnational threats. A civil-society report recently outlined these benefits – improved local responsiveness, higher oversight, community-friendly patrols, and relief of burden on federal agencies.
Not surprisingly, the debate is passionate. Critics warn that without proper checks, governors might wield state police to target opponents or inflame ethnic disputes. The Inspector-General of Police has cautioned that Nigeria may not be “mature” for such a change, and he urged fixing the current force’s problems first. Indeed, the consensus from a 2024 national dialogue was that welfare and training of officers must be addressed, or new forces would inherit the same weaknesses.
Yet the momentum builds. Former President Goodluck Jonathan flatly stated at another forum that “the nation cannot manage its internal security challenges without state police.” Our own Ooni of Ife, a respected cultural leader, recently implored the National Assembly to move swiftly on state police legislation, arguing it would bring law enforcement closer to the people. Even several Northern governors, historically wary, have signalled openness to a carefully crafted model. This issue is inevitably entwined with politics. As lawyers, we must insist on legal safeguards: a constitutional amendment would clearly define state police powers, career independence, and human rights standards. We should push for a National Judicial Oversight Board or inter-state council to ensure each state’s force respects federal law and rights, while meeting local needs.
Charting a Path Forward
Nigeria’s challenges today are daunting, but they also provide an opportunity to shape a stronger nation. We cannot simply lament that “this is Nigeria’s security issue.” We are the lawyers – the people best placed to interpret and reform the laws for justice’s sake. What concrete steps can we propose?
1. Implement a ban on indiscriminate open grazing and promote ranching initiatives. Encourage agreements between communities for herders and farmers to share land respectfully, and develop livestock corridors and cattle ranches in herders’ home regions to help reduce conflicts.
2. Align state and federal laws to eliminate constitutional ambiguities and maintain the momentum established by the Asaba Declaration.
3. Provide financial resources, training, and land access to foster the development of commercial ranches and feedlots.
4. Support the establishment of Agro-Rangers and expedite judicial processes for addressing grazing violations.
5. Create a national database with animal tagging for tracking and tracing diseases and ensuring accountability among livestock owners.
6. Fund collaborative initiatives that bring together farmers and herders, as well as peace-building education programs.
7. Consider the establishment of a specialized agency to significantly enhance Nigeria’s efforts to combat terrorism.
8. Soft power of de-radicalization and reorientation programme. In order to tackle the underlying causes of poverty and joblessness, an empowerment approach would need to be implemented for several years to achieve its purpose.
9. Enable the High Court to handle terrorism and related cases concurrently with the Federal High Court to streamline legal processes.
10. Authorize state police forces with clearly defined jurisdictions and oversight. Empower legitimate local vigilante groups under police supervision by providing them with training and resources. Ensure that federal police allocate units to rapid response teams while states manage day-to-day security.
11. Invest in technology, such as drones and surveillance systems, and translate local languages to facilitate better communication and infiltration of militant networks. Collaborate with neighbouring countries to secure borders frequently used by terrorists, and address corruption within the military and police to ensure resources reach the intended troops and aid victims rather than insurgents.
12. Expedite court cases related to terrorism and kidnapping, ensure legal aid is available for impoverished victims of violence, and demonstrate that crime does not go unpunished. Offer counselling, education grants, and development aid to affected communities to assist displaced individuals in rebuilding their lives, reducing the likelihood of them joining militias out of desperation.
13. Launch education and infrastructure projects in the Northcentral and Northeast regions, create job opportunities, and provide incentives for youth in the Middle Belt to help minimize cattle rustling. In the Southeast, invest in industrial parks and educational institutions to channel regional grievances into constructive progress rather than separatist movements.
These steps require political will, but we as legal professionals can be the catalysts. In our courtrooms and law schools, let us argue for them. When our colleagues in the legislature propose bills, we must scrutinize and advise. And when citizens cry out for security, we should be the voice translating their needs into law.
Research findings have shown that the root causes of violent activities ought to be addressed. It has been demonstrated that the root cause of these violent activities are related to failure of government to provide the necessary enabling environment, job opportunities, solution to environmental challenges as well as implementation of anti-people’s policies. It is also found that religion is another major reason that may precipitate terrorism if religious extremism is deployed.
Significantly, the analysis of the legal frameworks on prevention and prohibition of terrorism in Nigeria reveals several key findings. Firstly, Nigeria has made significant efforts in adopting legislative measures to combat terrorism, as demonstrated by the enactment of the Terrorism (Prevention) Act in 2011 and subsequent amendments. These legal provisions demonstrate the commitment of the Nigerian government to preventing and addressing the threat of terrorism within its borders. However, despite these efforts, there are still significant challenges that need to be addressed. One major concern is the lack of effective implementation and enforcement of the existing legal frameworks. This is evident in the persistence of terrorist activities in certain parts of the country and the inability to successfully bring terrorists to justice. Additionally, there is a need to strengthen the capacity of law enforcement agencies and the judicial system to effectively investigate, prosecute, and convict individuals involved in terrorism-related offenses. Another key issue is the need to strike a balance between preserving national security and protecting human rights. While it is crucial to have robust legal measures to prevent and prohibit terrorism, it is equally important to ensure that these measures do not infringe upon the fundamental rights and freedoms of individuals. The analysis reveals instances of human rights abuses and violations in the context of counter-terrorism operations in Nigeria, which highlights the need for improved safeguards and accountability mechanisms. Furthermore, there is a need for enhanced regional and international cooperation in the fight against terrorism. Terrorist activities often transcend national borders, and therefore, effective collaboration with neighbouring countries and international bodies is critical. Nigeria should continue to engage in information sharing, intelligence cooperation, and capacity-building initiatives to effectively address the transnational nature of terrorism. It is against this backdrop that the next chapter of this thesis will look into the extra-legal measures in preventing and combating terrorism in Nigeria.
Research has also revealed that the implementation of extra-legal counter-terrorism measures in Nigeria has been a controversial topic. While the Nigerian government, faced with the grave threat posed by terrorism, has justified these measures as necessary for national security, scholars have raised concerns about their compatibility with human rights standards and the rule of law. The use of extra legal measures such as arbitrary detentions, torture, and extrajudicial killings has been criticized for contributing to a climate of impunity, further alienating marginalized communities, and undermining trust in the government’s efforts. These measures have often resulted in violations of human rights, particularly among suspects who are not afforded fair trials or due process protections. Furthermore, the lack of transparency and accountability in the implementation of these measures has hindered the evaluation of their effectiveness in combating terrorism. Limited access to information and the absence of independent oversight mechanisms have further fueled concerns about abuses and contributed to a perceived culture of impunity. To strike a balance between national security and human rights, it is essential for the Nigerian government to prioritize the development and implementation of legal, accountable, and rights-respecting counter-terrorism measures. This includes ensuring that suspects are afforded fair trials, promoting community engagement and trust-building, investing in intelligence gathering, and strengthening security agencies’ capacity in line with human rights standards. In addition, the government should work towards addressing the root causes of terrorism, such as poverty, unemployment, and social inequality. By addressing these underlying issues and promoting inclusive governance, Nigeria can diminish the appeal of extremist ideologies and create a more stable and secure society. Lastly, international cooperation and support are crucial in assisting Nigeria in its counter-terrorism efforts. The international community should provide technical assistance, capacity building, and cooperation in intelligence sharing while also holding the Nigerian government accountable for human rights violations and encouraging the adoption of lawful and rights-based approaches. In conclusion, while Nigeria faces significant challenges in countering terrorism, it is imperative that the government prioritizes the development and implementation of legal, accountable, and rights-respecting counter-terrorism measures. By doing so, Nigeria can strike a better balance between national security and the protection of human rights, ultimately contributing to a more resilient and stable society.
It is submitted that in order to effectively combat Boko Haram terrorism, the MNJTF, member states, and partners need to reassess the existing strategy, understanding that relying solely on military intervention is inadequate to put an end to an uprising. In addition, it is important for the member states of the MNJTF to recognize the significance of strong collaboration and synchronization, bearing in mind that their combined determination and dedication are essential for completely eliminating Boko Haram in the area.
Terrorism is now widespread worldwide, and while the specific circumstances may differ, it is crucial, especially for African governments, to learn from Nigeria’s struggle against Boko Haram in the north-eastern region of Nigeria. This is because poverty, joblessness, and lack of access to education, among other challenges, are prevalent in the area and can potentially lead to or support violent activities. To gain insight into why insurgent groups in Africa rebel against governments and cause terror, it is important to examine their centre of gravity. The root causes of these issues can be traced back to socio-economic problems and grievances arising from prolonged periods of ineffective governance, the misconduct of those in power, and social injustices faced by the disadvantaged majority. Thus, it is essential to follow the example of Nigeria and address socio-economic issues that breed discontent and marginalization in order to prevent the likelihood of insurgency.
It is also necessary to establish a specialized commission to deal with issues of terrorism. This has the potential to greatly enhance Nigeria’s efforts in combating terrorism. This is due to the fact that a well-designed law needs effective mechanisms to be implemented; otherwise, it becomes worthless. To put it differently, without a functioning system to enforce the law, it becomes merely a collection of written words without actual impact. Consequently, it is difficult to ensure the effective prevention of terrorism until concrete steps are taken. Therefore, it is crucial to develop a practical strategy that effectively monitors and restrains the actions of government entities like the Police and the Military. One approach to achieving this is by establishing a dedicated terrorism body or commission. The primary purpose of this commission would be to ensure accountability and address serious misconduct and violations of human rights by law enforcement agencies. While the Terrorism Act 2022 is praiseworthy in establishing a coordinating body like the National Counter Terrorism Centre, it is important to note that this centre only serves as an advisory entity, coordinating policies and strategies related to counter-terrorism. It falls short of having the necessary authority and independence to effectively address issues surrounding terrorism. Similar to the positive impact of the creation of the EFCC in combating financial corruption, the establishment of a specific commission for handling terrorism matters would greatly enhance government efforts in this regard. This is an aspect that lawmakers should consider in the future when revisiting terrorism laws and policies.
It will also be necessary to enable the High Court to Hear and Try Terrorism and Terrorism-related Cases Concurrently with the Federal High Court. The present Terrorism Act of 2022 grants sole power to the Federal High Court in any region of the country to preside over and make decisions on terrorism or terrorism related cases. It is undeniable that one of the obstacles faced by the Nigerian judiciary is the lengthy process of deciding cases due to a backlog of cases. The Federal High Court in Nigeria currently has numerous unresolved cases awaiting judgment. This backlog is mainly attributed to the wide range of legal matters assigned to the Federal High Court, including election disputes. Consequently, it is expected that terrorism cases will experience significant delays in being resolved. To highlight the extent of the issue, a previous Chief Justice of Nigeria, Justice Musdapher, revealed that there are over 110,000 pending cases in both the Federal High Court and the High Court in Nigeria. He also noted that because of the excessive number of cases in the courts, it takes a considerable amount of time, typically 15 to 20 years, for a case to reach its conclusion from the High Court to the Supreme Court in Nigeria. This situation is unfavourable and undesirable. Therefore, the proposed solution to this problem is to permit the High Court to handle the matter simultaneously with the Federal High Court.
There is need for soft power of de-radicalization and reorientation Programme. This is because the reason why the government struggles to effectively implement policies is because of poor leadership and lack of transparency. In order to tackle the underlying causes of poverty and joblessness, an empowerment approach would need to be implemented for several years to achieve its purpose. Nevertheless, the strategy of de-radicalization and reorientation has the potential to provide a more long-lasting and effective solution to the persistent problem of Boko Haram’s recruitment tactics. Given the severity of Boko Haram’s attacks and the government’s counterterrorism endeavours, it can be concluded that Nigeria is currently grappling with a state of war, necessitating the adoption of inventive strategies to ensure triumph.
As a result, if the government wants to decrease religious extremism, it should intensify its efforts in de-radicalization and reorientation. This can be achieved by educating Islamists using positive teachings from the Koran, emphasizing the benefits of Western education, and reducing illiteracy rates. To implement these measures promptly, it is suggested that the government starts by disseminating this message at the primary school level and within the community. It is crucial to educate community leaders who have earned the trust and confidence of their people, as they can effectively transmit the de-radicalization and reorientation messages to the members of their communities. Similarly, in order to accomplish the objective of de-radicalization and reorientation programs, it is essential for the government to accommodate the cultural influences of local and regional communities. This can be achieved through the formation of panels that will identify and address particular issues that are specific to certain areas. By establishing educational institutions for unemployed young individuals and employing respected religious leaders (called Malaams) to reorient former Boko Haram members, the de-radicalization and reorientation policy will be fully utilized by the government. This approach will reduce the possibility of youth being tempted or coerced by Boko Haram recruiters.
I also propose proper Military Training and Provision of Military Equipments to combat the menace of terrorism and open grazing in the land. For effective military strategy against terrorism, there is need for the government to send the armed forces to train with experts abroad or in the alternative partners with a foreign country to train Nigerian troops within the country. The thesis makes it clear that the Nigerian military is generally seen as lacking professionalism, motivation, efficiency, and is affected by corruption, leading to low morale. Therefore, it is suggested that the government allocate resources in order to enhance the expertise of military personnel in counterterrorism by investing in and increasing professional training at home, regional, and global levels. This will act as a driving force for the armed forces to increase their effectiveness in carrying out their responsibilities, as well as enhance their morale and decrease the prevalence of corruption.
In closing, let me return to where we began. Each of these individuals, the mother in Maiduguri, students in Kogi and Calabar, farmers in Plateau, and the lawyer in Anambra, all embody the human cost of Nigeria’s fragmented security landscape. They are more than statistics: they are our people. They are the wives, children, friends of Nigerians. We owe them a country where laws protect rather than betray. We owe them a police presence that keeps night terrors out of their towns. We owe them a justice system tough enough to hold terror to account, yet fair enough to uphold rights.
