NIGERIA: APPEALS COURT JUDGES SUMMONED BY OBASANJO

C O N F I D E N T I A L ABUJA 001455

SIPDIS


E.O. 12958: DECL: 08/25/2013
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: APPEALS COURT JUDGES SUMMONED BY OBASANJO


Classified by Counselor James Maxstadt. Reasons: 1.5 (B & D).



1. (C) SUMMARY: Three members of Nigeria's Federal
Appeals Court were summoned to meet with President Obasanjo
hours after the court issued a preliminary ruling in favor
of his ANPP Presidential opponent Buhari. One of the
judges claimed to Poloff that Obasanjo had "threatened" the
judges and tried to influence the outcome of the upcoming
trial. In the face of negative press and complaints from
the opposition, Obasanjo's press aide claimed that the
judges had been invited to discuss an allotment of land for
the Appeals Court's permanent site. Criticism of the
elections is mounting, and even the wife of the Chief
Justice of the Supreme Court has aired complaints. This
issue is still simmering but could boil over with little
provocation. END SUMMARY.



2. (U) Nigeria's Federal Court of Appeal issued an August
5 preliminary ruling that ANPP Presidential candidate
Muhammadu Buhari's petition contesting the election results
had merit and should proceed. The press has reported that
hours later, three Appeals Court judges and the court
registrar were summoned to Obasanjo's office to discuss the
matter with him and his lead counsel in the case, Chief Afe
Babalolo. When Buhari's objections to this meeting were
aired in the press, Obasanjo's Special Adviser on Media
Mrs. Remi Oyo issued a statement claiming that the timing
of the meeting was coincidental. In fact, she said, the
meeting was to discuss allotting land for construction of a
permanent Federal Court in Abuja, something overlooked
since the initial decision to begin moving the capital in

1976. "For the avoidance of doubt," she said, "Obasanjo
has absolute respect for the independence of the
judiciary."



3. (C) One of the judges summoned to the meeting told
Poloff, however, that the initial press report was
accurate. The judge claimed that Obasanjo had summoned the
three judges and the registrar to ask how they could issue
a ruling against his interests. According to this judge,
Obasanjo began by trying to convince them that "Nigeria's
interests would be served by supporting" the announced
outcome of the election. When the group rejected
Obasanjo's vague offers to "help" them (presumably through
financial incentives) in return for a quick end to the
case, the judge claimed that Obasanjo "threatened" the
judges with legal and professional sanctions and implied
that their "personal security could not be guaranteed."
The judge claimed that the three stood firm and assured
President Obasanjo of their commitment to "the rule of
law." The judge told Poloff that many in the judiciary
were aware of the manipulation of electoral tribunals but
that "some of us" are committed to "salvaging some
semblance of dignity for the higher courts." He expressed
concern to Poloff over the safety of his family, citing the
many unsolved murders with convenient political links.



4. (U) Public criticism of the elections continues
unabated. On August 11, the wife of Supreme Court Chief
Justice Mohammed Uwais gave a paper outlining public
concerns. Maryam Uwais, an attorney, delivered a paper
calling for more participation by all Nigerians in
assisting those in need. Issuing a warning, she stated
that "the voices of many were suppressed" in the election
and that the government has only "instilled the seeds of
discontent and future reprisals."



5. (C) COMMENT: Many court decisions on the elections
have been based on technicalities, and some decisions were
made without requiring INEC or the government to provide
testimony or evidence. Public opinion has steadily shifted
against the government on this over the intervening months,
and it could boil over with little provocation.
ROBERTS