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Africa: The Increasing Focus on Public Interest Concerns in Competition Policy

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Public interest

By Lerisha Naidu, Angelo Tzarevski and Sphesihle Nxumalo

There has been a general upward trend in competition policy enforcement across the continent over the past few years. African jurisdictions have strengthened their competition and antitrust regimes by way of amendments to existing legislation, the introduction of new laws and regulations, and renewed fervour and political will to enforce existing laws. Most notably, there has been a growing convergence of competition law and social policy on the continent.

The central tenet of competition policy is that inclusive economies yield better outcomes for both producers and consumers. Recent trends indicate that governments in various parts of the world, particularly Africa, are moving away from the purely economic origins of competition regulation and are instead adopting a model that recognizes and, to some extent, caters to the broader needs of modern society and socioeconomic transformative narratives. In this context, the South African Competition Act was amended in 2019 to ensure economic transformation (among other things) by providing mechanisms to address high levels of concentration, enhance small business development, combat the “racially-skewed” spread of ownership through merger control, and by vesting the authority with increased powers to launch market inquiries into highly concentrated industries and impose structural remedies to facilitate the effective and sustainable participation of small and medium enterprises (SMEs) and historically disadvantaged persons (HDPs) in the economy.

As another illustration, competition authorities in Africa have increasingly acknowledged their role as protectors of fair practice and consumer protection and have stated their intention to enforce these principles in the future. Across the continent, the price volatility of essential food items is a growing concern. In addition, businesses in the consumer goods and retail sector are facing significant supply chain disruptions due to geopolitical, environmental, and infrastructure challenges.

The issue of price volatility in relation to essential food items was addressed in the South African competition authority’s Essential Food Pricing Monitoring report, which included a list of fruits, meats and cooking oils that have recently experienced price volatility. It was noted that poorer communities were most negatively affected by such price increases. Having said that, it bears noting that not all increases in the cost of essential foods were caused by the pandemic. Changing weather conditions (from drought to heavy rain), oil price fluctuations, severe supply chain blockages and massive geopolitical challenges have all contributed to a decrease in supply and subsequent price increases. The authority stated that it would continue to keep a close eye on the price of essential and imported food items to ensure that anti-competitive behaviour does not occur and that the increase in prices of essential food items can be justified. After noting “unjustified price increases” in recent years, the authority announced in early 2023 that it would investigate the prices of a variety of essential food products, including bread, cooking oils, cornmeal, rice, flour and margarine. It noted that food was a priority sector due to the fact that poor consumers spend a significant portion of their income on essential foodstuffs.

Public interest considerations are especially taken into account in the case of merger control, but they can also be factored in investigations into alleged abuses of dominance and other prohibited practices. Notably, merger regulation in South Africa and in many other African countries is heavily influenced by the government policy agenda. Many African merger control regimes have developed a competition policy approach that balances traditional competition law considerations with public interest concerns, especially in terms of market concentration, access to competitive markets for SMEs, greater spread of ownership by firms owned by HDPs, and employment considerations. For example:

    Botswana’s competition legislation mandates “certain aspects of general public interest”. The use of the specified public interest considerations is especially notable in the context of mergers. In previous years, the authority imposed conditions on merger clearances aimed at promoting the sustainability and growth of a sector by ensuring that the merged entity sources its input requirements from local suppliers; maintaining and creating employment; promoting citizen economic empowerment by ensuring that Botswanan citizens hold shares in the merged entity; ensuring the professional development or employability of local citizens by ordering their appointment to certain positions in the merged entity; and promoting citizen economic empowerment by ensuring that Botswanan citizens hold shares in the merged entity.

    In Ethiopia, the authority considers the contribution that a merger will make to accelerating economic development, promoting technical knowledge transfer, improving the production and distribution of goods and services, and enabling SMEs to be capable and competitive.

    Namibia and Nigeria, like South Africa, consider the likely impact of a merger on a specific industrial sector or region; employment (whether the merger will result in redundancies); SMEs’ and HDPs’ ability to effectively access or compete in the market; and national industries’ ability to compete in international markets. The Namibian authority frequently considers the employment implications of a transaction. For example, during the 2017-2018 fiscal year, the authority imposed employment conditions on the majority of the mergers evaluated, resulting in approximately 860 jobs being secured.

    In Kenya, the Competition Act includes a public interest test in merger control that assesses a merger’s impact on a particular sector or region, the creation and retention of employment and the competitive access that SMEs have to the market. The Act also provides for the granting of exemptions to certain indispensable restrictive practices aimed at increasing exports, enhancing efficiency in production and maintaining the quality of services only under exceptional and compelling reasons of public policy.

    In Tanzania, the public interest factor is especially important when a merger is likely to create or strengthen market dominance. In such cases, the authority may consider whether the merger is likely to benefit the public by increasing efficiency in production or distribution, promoting technological or economic progress, increasing efficiency in resource allocation, or protecting the environment.

Although legislatively mandated public interest factors frequently carry equal weight, the employment effects and promotion of ownership by local citizens (particularly in Botswana) and HDPs (particularly in South Africa) are scrutinized by the authorities in every transaction. Conditions are almost always imposed when job losses are intended or anticipated, even when the numbers are negligible. Even if job losses are not anticipated, conditions may nevertheless be imposed to safeguard against potential merger-specific job losses in cases of uncertainty. The promotion of greater ownership diversity, particularly among HDPs, is also gaining importance, especially as transactions that reduce ownership by historically disadvantaged individuals are scrutinized more closely by authorities. In the last 24 months, the South African competition authority has been particularly active, imposing public interest conditions on more than 74 mergers relating to employment, and with a heavy focus on the greater spread of ownership by HDPs, as well as local production and procurement, amongst others.

As social imperatives play an ever-increasing role in the development of competition policy, the trend of placing emphasis on the empowerment of SMEs as a means of fostering a healthy economic ecosystem, as well as the need to provide adequate opportunities to HDPs, will continue into the future. Furthermore, with digital innovation allowing many previously excluded individuals and businesses to participate in the African economy, it is likely that public interest imperatives will play a critical role in the development and implementation of competition law in the digital space across the continent.

The African Continental Free Trade Area (AfCFTA) is providing impetus for the continent to move toward the adoption of a pan-African competition policy, which could be geared toward socioeconomic transformative goals (such as maintaining acceptable consumer prices) and a consistent approach to the public interest. In February 2023, the African Union Assembly of Heads of State and Government adopted the protocol on competition policy.

Doing business in Africa will necessitate awareness of the public interest mandates of competition authorities and how practices promote or impact public interest outcomes, as enforcement trends on the continent indicate that public interest considerations will significantly influence broader enforcement activity, especially through prioritisation policies.

Lerisha Naidu is a Partner and Head of the Practice, Angelo Tzarevski is a Director Designate, and Sphesihle Nxumalo is a Senior Associate for Competition & Antitrust Practice at Baker McKenzie Johannesburg

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A Tale of Two Kidnappings

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kidnappings Nigeria

By Tony Ogunlowo

In the past few weeks, two high-profile kidnapping cases have captured the attention of the nation. One involved the kidnapping of more than 45 pupils and teachers from a school in Oyo state, and the other involved the relatives of an ex-minister.

Whilst the relatives of the ex-minister, his sister and her two sons, were rescued in a highly publicised police operation, the fate of the missing school children and their teachers remains unclear. Already two teachers have been killed: one was shot and the other beheaded.

Nigeria is a hotbed for kidnapping, and in 2025 alone, there were more than 4,000 reported cases. But bear in mind that for every case recorded, two or three went unreported, leaving relatives to deal with ransom demands on their own. And for cases reported, the overstretched and understaffed police are not much help and often suggest relatives negotiate with kidnappers. As a result, what was once a small sore has now festered, becoming an even bigger wound and growing.

It has been more than twelve years since 276 girls were kidnapped from their school in Chibok. To date, not all of them have been recovered. Some have died whilst others, heavily traumatised, have been found bearing children of their captors: their lives destroyed and those of their families.

The swift rescue of the ex-ministers’ relatives in a short window of just a few days points to one thing – elitism! If you’re well-connected, the powers that be will pull out all the stops to do what they’re supposed to be doing in the first place. If you’re a mere ordinary citizen, they can’t be bothered.

Even though the Federal Government has a policy of not negotiating with kidnappers, which is understandable since they don’t want to encourage the practice, they should have the means to end the scourge. Every government from the Obasanjo regime up to the incumbent have promised to take a hard line on abductions and banditry. To date, all that hardline rhetoric has just been ‘audio’, leaving bandits and kidnappers to get up to all sorts of things. There have been calls to allow citizens to take up arms: not a good idea, as this might encourage extrajudicial killings rather than for self-defence. There have also been calls for stiffer penalties, but, yet again, you need to catch the perpetrators first and make sure they don’t bribe their way out of the judicial system. The Forest Guards program is taking off, and hundreds of them are being recruited, trained and deployed, but are they paramilitary trained to be able to fight kidnappers in the bush?

Just like when the Chibok girls went missing under President Goodluck’s watch, the government is taking a lukewarm approach to the matter. What should be classified as a top priority has been pushed to the bottom of the list as all politicians rush to get their nomination forms in for the 2027 elections: the only thing that matters to them. If this were America, Trump would have mobilised the Army, Navy, Air Force, CIA, and whatever else he could think of to find ALL kidnapped victims. In Nigeria, the only thing politicians are interested in, their top priority, is re-election.

Children’s Day has come and gone, and so also has Democracy Day, as we head towards Independence Day, and somebody’s child, uncle, aunt, husband is still being held against their will with the security services running around like headless chickens, clueless as to what to do next. What happened to their network of informers? Are their surveillance techniques so primitive that they can’t locate a large gathering of people in the bush? Surely contact has been made with all kidnappers so they can list their demands, and why haven’t these leads been tracked using basic cellular telephony technology? But if it’s an ex-minister’s relative, they know how to pull a rabbit out of a hat.

Until the government adopts a zero-tolerance policy towards kidnapping and banditry – and sticks to it, these unfortunate incidents will continue.

Perhaps it’s time to seek foreign assistance since we don’t know what to do: already, Trump has stationed US troops, up North, to help us fight Boko Haram and ISIS. They already have the technology and personnel that can find a fly hiding behind a dune in the Sahara. An ordinary Air Force surveillance plane, or drone, equipped with heat-seeking infra-red cameras, overflying the place at night can easily find anyone hiding out in the Old Oyo park within hours, not days. And please don’t involve the NAF, who seem to bomb more innocent people than bad guys! Alternatively, bring in Sheikh Gumi, who seems to know most of the bandits. He might be able to help.

There is no easy fix to ending insecurity in Nigeria other than to bring in a brutal state of emergency that will grant security services carte blanche to deal with situations as they see fit. Again, this can lead to abuse of power, as was the case with the disbanded SARS.

To truly eliminate all insecurity in the country, the government needs to think long-term and go back to the root cause of all these problems – hunger. A hungry man (or woman) faced with unemployment and a high cost of living, with nothing to lose, will be crazy enough to do any kind of crime to put food on the table and a roof above his head. Doubling the size of the security services and equipping them doesn’t solve the problem.

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Democracy and Problems; Made in Nigeria

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By Prince Charles Dickson (PhD), and Dorcas Bawa

Nigeria’s democratic question is often wrongly framed as if democracy is a foreign garment that we must keep adjusting until it fits our body. We speak of Westminster, Washington, Athens, Paris and every borrowed vocabulary of governance, yet the wound before us is neither Greek nor British nor American. It is Nigerian. Our hunger is Nigerian. Our insecurity is Nigerian. Our broken families are Nigerian. Our abandoned children are Nigerian. Our vote-buying, ethno-religious suspicion, weak local institutions, elite impunity and democratic impatience are Nigerian. Therefore, any democracy that will heal us must be made in Nigeria.

This is not a call for isolation. It is a call for ownership. Democracy cannot survive as imported furniture placed in a burning house. It must grow from our values, culture, history and realities. It must be owned by the people, shaped by our communities, and driven by our collective aspirations for justice, equity and peace. It must answer the question of the farmer in Bassa, the displaced woman in Barkin Ladi, the market woman in Jos, the young person in Mangu, the traditional ruler trying to hold a fractured community together, the child who no longer trusts the home, and the citizen who has voted many times but has not yet felt government as care.

Since 1999, Nigeria has travelled a long and uneven democratic road. The return to civil rule after years of military dictatorship was not a small achievement. It restored constitutional government, reopened civic space, revived political parties, strengthened the press, expanded civil society engagement, and gave citizens the language with which to question power. We have had repeated elections, transitions between administrations, legislative contests, judicial interventions, public protests, investigative journalism and a growing generation of young Nigerians who no longer kneel before authority simply because it wears a title.

These are gains. They must not be dismissed.

But democracy is not merely the presence of elections. It is the presence of dignity. It is not only the counting of votes. It is the counting of lives. It is not complete because politicians campaign, courts sit, governors are sworn in, and budgets are read. Democracy becomes real when the weakest person in the community can say: “This country sees me. This system protects me. This government serves me.”

That is where our democratic journey remains painfully unfinished.

From 1999 to date, Nigeria has built the rituals of democracy faster than the culture of democracy. We have mastered rallies, slogans, posters, primaries, manifestoes, defections and inauguration ceremonies, but we have not sufficiently mastered accountability, inclusion, local ownership, civic discipline and justice. Too much power remains concentrated at the centre. Too many local governments exist more as salary points than as engines of grassroots development. Too many communities are remembered only during elections, condolences or conflict assessment visits. Too many citizens are mobilised as voters but abandoned as human beings.

Democracy made in Nigeria must therefore begin with the people at the centre. Government exists to serve the people, not the other way around. A system that treats citizens as spectators between election cycles is not a democracy. It is a political theatre with ballot boxes. A homegrown democracy insists that the woman, the youth, the person with disability, the displaced, the farmer, the trader, the child, the minority voice and the forgotten community are not footnotes in the national story. They are the story.

To be homegrown, democracy must also be rooted in culture, but not in the abusive misuse of culture. It must respect our languages, traditions, communal memory and ways of life, while refusing every cultural excuse for injustice. Culture should be a bridge, not a cage. It should protect the vulnerable, not silence them. It should teach respect for elders, but also responsibility by elders. It should honour family, but never hide violence inside family walls. It should value community, but never allow community loyalty to bury truth.

The crisis of Nigerian democracy is not only in Abuja. It is also in the home. It is in the family meeting where girls are denied inheritance. It is in the compound where abuse is covered because the offender is related. It is in marriage where responsibility is abandoned. It is in the neighbourhood where everyone knows a child is suffering but waits for the “government” to arrive. It is in the community where young people are recruited into dangerous labour because poverty has become an employer. It is in the silence that violence teaches how to grow teeth.

A recent week in the Plateau State Gender and Equal Opportunities Commission, particularly the Public Complaints and Mediation Department, tells a disturbing story. In one case, a sixteen-year-old schoolgirl became pregnant after alleged abuse within her own home. In another case, an eight-year-old girl from Tudun Wada was brought before the Commission after an alleged sexual assault by a neighbour. Her story was already layered with tragedy: displacement, loss of parents to violence, and dependence on an aged grandmother. Another ten-year-old child had to be reunited with her family in Enugu Agidi after two years of maltreatment while living with a distant relative in Jos. She required psychosocial support before returning home.

In the same week, an illegal commercial motor park around Anguldi in Jos South Local Government Area was reported. The Police were swiftly deployed, and arrests were made. Twelve young people, including three young women, were brought to the Commission. Early interrogation suggested a troubling pattern: the park operated weekly, moving young teenagers from Jos to Ibadan.

These are not isolated moral accidents. They are democratic alarms. But the entire team somehow collectively succeed because they understand the terrain.

Conflict does not end when gunfire stops. It enters homes. It alters parenting. It displaces children. It weakens supervision. It breaks livelihoods. It creates fear, dependency, resentment and desperation. A society that does not heal its conflict will eventually watch that conflict migrate into marriage, childhood, education, labour, politics and faith. The family becomes the first casualty, and later, the polling unit becomes only a mirror of the wounded home.

This is why democracy cannot be discussed only in constitutional language. It must be discussed in human language. When family values erode, democracy suffers. When parental responsibility collapses, democracy suffers. When the culture of respect for human dignity becomes almost non-existent, democracy suffers. When children are unsafe, women are overburdened, fathers disappear from responsibility, mothers are left unsupported, and communities outsource morality to government agencies, democracy becomes a tree without roots.

The problems holding us back are therefore clear. We continue to operate systems that often ignore local realities. We suffer from the concentration of power and the lack of accountability. Our local institutions are weak. Our democratic culture is poor. Tribalism, ethnicity and religious intolerance are too easily weaponised. Many citizens are apathetic because they have been disappointed too often. Others are active only when their group interest is touched. But a person who participates decides their destiny. A person who watches politics from the balcony should not be shocked when decisions are taken in rooms where they are absent.

Homegrown democracy must be community-driven. Decisions must be shaped at the local level through dialogue, consensus and trust. Nigeria cannot continue to pretend that Abuja can understand every stream, shrine, church, mosque, market, grazing route, school, boundary dispute and family wound better than the people who live with them daily. Local problems require local intelligence. But local intelligence must be connected to justice, not captured by local power brokers.

This is why traditional rulers, community heads, women leaders, youth groups, faith leaders, civil society organisations, government agencies, schools, security institutions and families must become democratic actors, not passive observers. Democracy is not INEC alone. It is not the National Assembly alone. It is not the courts alone. Democracy is the mother who protects her child, the father who carries responsibility with honour, the neighbour who reports abuse, the teacher who notices distress, the police officer who acts promptly, the mediator who listens carefully, the traditional ruler who refuses to hide wrongdoing, the pastor and imam who preach dignity, and the citizen who refuses to sell tomorrow for a small envelope today.

Finally, we must rebuild the moral architecture of the family. Mothers, fathers, guardians, relatives and neighbours must rise to nip these issues in the bud. The home is not outside democracy. The home is where citizenship first learns either care or cruelty. If the child learns silence in the face of abuse, she may become an adult who fears power. If the child learns dignity, he may become a citizen who demands justice.

Our country. Our democracy. Our future—May Nigeria win.

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A Gallows Called Northern Nigeria

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Northern Nigeria

By Sani Abdulrazak, PhD

Believe whatever you want, but this government was not, is not, and sadly will not be serious about securing the lives and properties of Nigerians, which is its core and fundamental responsibility, unless citizens demand accountability and consequences for failure. Whatever they say is far from the reality on the ground. More troubling is the apparent complacency of many northern elites who seem to believe they are insulated from the insecurity consuming the region. Oh, how mistaken they are. It will surely reach their doorstep if they don’t do something about it; make no mistake about it.

Across Northern Nigeria, insecurity has evolved from a periodic challenge into a defining feature of daily life. Despite rising security expenditures and repeated assurances from those in authority, banditry, insurgency, kidnappings, cattle rustling, and communal conflicts continue to devastate communities. Thousands have lost their lives, countless others have been displaced, and many farming communities have either been abandoned or are operating under constant threat. While political and administrative centres often enjoy relative security, ordinary citizens in rural areas continue to bear the heaviest burden of the crisis. This growing disconnect has reinforced the perception that those in power are detached from the realities confronting the people they govern.

And then came the painful news of General Rabe Abubakar’s death; a tragedy that lays bare the helplessness consuming our region. For nearly two weeks, a retired General and his wife vanished into the shadows of Northern Nigeria, yet the vast security architecture of the state could neither locate nor rescue them. One cannot help but imagine the long, agonising days they endured: waiting, hoping, praying that help was on its way. But help never came. A man who once dedicated his life to defending this nation met his end in captivity, while his loved ones and an anxious public waited for a miracle that never arrived. If a General could disappear for days with no rescue in sight, what hope remains for the ordinary farmer, trader, teacher, or student whose name will never make the headlines? His death is not merely a personal tragedy; it is a haunting symbol of a North where even those who once stood at the pinnacle of the security establishment are no longer beyond the reach of the monster that has been allowed to grow unchecked.

The North has become a giant gallows; If you are residing in Northern Nigeria today, you are just waiting to be killed, somehow, someday…until we radically and collectively take this monster head-on by addressing the issue of out-of-school children, scrapping completely the almajiri system, reviving parental and societal values and responsibilities, enforcing birth control, and creating jobs for our teeming youths via agriculture and by reviving our comatose industries, we will not come out of this madness masked as insurgency, banditry, and kidnappings.

The roots of this crisis run much deeper than the activities of armed groups. Northern Nigeria carries the largest burden of out-of-school children in the country, leaving millions of young people without the education, skills, and opportunities necessary to build productive lives. The Almajiri system, once a respected institution for Islamic learning, has in many places deteriorated into a mechanism that exposes children to neglect, poverty, and exploitation. Thousands of young boys roam the streets without adequate parental care, formal education, or vocational training, making them vulnerable to recruitment by criminal and extremist networks.

Demographic pressure further compounds the problem. Many northern states continue to record high fertility rates while struggling to provide sufficient schools, healthcare services, and employment opportunities. The result is a rapidly expanding youth population confronted by limited prospects and widespread unemployment. In such circumstances, criminal gangs and insurgent groups find a steady pool of recruits. Breaking this cycle requires a comprehensive approach that combines educational expansion, meaningful almajiri reform, responsible family planning, youth empowerment, agricultural development, industrial revival, and targeted vocational training programmes. Security operations may suppress violence temporarily, but only social and economic transformation can remove the conditions that sustain it.

A Gallows Called Arewa

But just like the government, the masses are so not ready; they feign oblivion to the reality facing us. They instead channel their energy and time to ‘trending’ celebrity topics and await the next celebrity nude videos/pictures and chats to aimlessly talk about. The celebrities are only after immorality or waiting to endorse the politicians with the highest bid; the traditional rulers are either afraid or consumed by the menace.

This collective distraction has weakened society’s ability to confront its most pressing challenges. While communities suffer from poverty, violence, and underdevelopment, public discourse is often dominated by trivial controversies. Yet the North has repeatedly demonstrated that communities can mobilise when properly organised. Faith-based groups, youth associations, community leaders, and local organisations have played important roles in peacebuilding and conflict resolution in several areas. Reawakening civic consciousness and redirecting public attention toward education, security, and development must therefore become a priority.

The crisis also demands courage from those traditionally entrusted with providing moral, intellectual, and cultural leadership. At critical moments in our history, influential voices helped shape public opinion, challenge injustice, and mobilise communities toward collective action. Today, however, many of those voices appear either absent, intimidated, or resigned to the status quo, creating a leadership vacuum at a time when Northern Nigeria desperately needs guidance.

Our intellectuals have gone back to their shells, and rightly so. Our elders have done their part and are giving up on us. The most painful part is that our religious leaders, who spent time and energy convincing us that this government would usher in a golden age reminiscent of the Ottoman Empire, have disturbingly gone mute; no Al-Qunuts or warnings to the government anymore, since it is not the government of the fisherman from the creek. It makes one wonder if we are normal in Arewa. The northern elites despise their followers like the Israelis despise the Palestinians. Posterity will surely judge us all, and history will tell how we played our parts in the destruction of our beloved Northern Nigeria.

Religious leaders, elders and intellectuals historically provided mediation, moral authority and local governance where the state was weak. Their retreat may stem from fear, co-optation or the erosion of moral credibility. Re-engagement requires rebuilding trust and protecting civic space: establish formal consultative roles for elders and clerics in security and development planning, fund independent intellectual forums, and create interfaith platforms that can speak to social issues without intimidation. When clerics and scholars mobilise—on health, education or peace—public behaviour and policy often follow; restoring their voice is therefore strategic and urgent.

If you want to see all the ingredients of a doomed people, look no further than Northern Nigeria at the moment. Deepening poverty, educational failure, demographic pressure, weak governance, economic stagnation, and persistent insecurity have combined to create a dangerous reality for the region. Yet history shows that decline is not irreversible. Societies facing similar challenges have transformed themselves through long-term investments in education, economic opportunity, accountable governance, and community-led development. Northern Nigeria can do the same if its leaders and people are willing to confront uncomfortable truths and commit themselves to meaningful reform.

The time for lamentation alone has passed. Northern Nigeria requires a deliberate and measurable programme of recovery that places education, economic empowerment, and community security at its centre. Governments must become more transparent and accountable, traditional and religious leaders must reclaim their moral voice, intellectuals must re-enter public discourse, and citizens must demand better leadership. Only through a collective effort that addresses both the symptoms and the root causes of insecurity can the North begin to reverse its decline and build a future worthy of its people.

Sani Abdulrazak, PhD, is a researcher, writer, and public commentator based in Kaduna State

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