BUHARI TRIAL ADJOURNED UNTIL JANUARY 19

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 002132

SIPDIS

E.O. 12958: DECL: 12/12/2013
TAGS: PGOV PREL KDEM NI
SUBJECT: BUHARI TRIAL ADJOURNED UNTIL JANUARY 19

REF: A. ABUJA 2029


B. ABUJA 1872 AND PREVIOUS

CLASSIFIED BY COUNSELOR JAMES MAXSTADT FOR REASON 1.5 D.

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SUMMARY
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1. (SBU) : The ANPP/Buhari suit continues at its slow pace.
The complainant ANPP continues to score points with its
evidence, and the defense (Obasanjo) attempts to delay the
process through objections to virtually every witness and
document. The "Independent" National Electoral Commission
(INEC) attorney has resumed following the lead of PDP
President Obasanjo,s defense attorney, Afe Babalola.
Testimony continued on the election in Imo and Kaduna states,
and the complainant also told the judges that the State
Security Service (SSS) and police are harassing its witnesses
after they testify.


2. (SBU) With the justices attending the annual Nigerian
judiciary conference, the case has been adjourned until
January 19, 2004. Buhari and ANPP Chairman Don Etiebet still
plan to visit the U.S. to highlight the continuing
instability and insecurity in Nigeria. The two remain
concerned about the effect that perceived "USG backing of
rigged elections" might have on future U.S.-Nigeria relations
and on Nigerian public opinion. They plan to visit
Washington after the Christmas holidays, when the U.S.
Congress is back in session. END SUMMARY.

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EVIDENCE OF ELECTION TAMPERING
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3. (SBU) The ANPP/Buhari suit continues slowly at the Court
of Appeals, with the prosecution methodically presenting
evidence of INEC,s failures and the complicity of
Obasanjo/PDP and the security services in controlling the
outcome of the 2003 elections. Witnesses presented new
evidence about hijacked ballot boxes in many areas of Kaduna
state, and claimed that known PDP supporters then conspired
with police to change the results. Two more victims of
police shootings on elections day also testified.


4. (SBU) A copy of a letter from Imo State Regional Elections
Commissioner Alhaji Garba Bawa, presented to the court by
ANPP Imo State Chairman Dr. Edmond Onyewuchi, seemed to
confirm that massive irregularities took place in Imo. The
letter corroborated Bawa,s April 28 comments at a press
conference that "INEC ad hoc staff compromised the election."
Obasanjo defense lawyer Babalola objected to the use of a
copy as evidence. After recessing, the justices allowed the
copy to be admitted, on the principle that a party to the
suit (defendant INEC) might not produce the original in its
possession, even when subpoenaed. (NOTE: INEC so far has
not produced in court various other subpoenaed documents,
including the National Voters Register that was required by
law before a legal election could take place. End Note.)
Witnesses from both Imo and Kaduna states added further
testimony that INEC did not allow ANPP party agents to
inspect and certify election materials before distribution to
polling sites, as required by INEC,s own electoral
guidelines.

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HARASSMENT OF WITNESSES
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5. (SBU) Many witnesses for the complainant have been
questioned by police and SSS following their testimony. ANPP
Adamawa State Gubernatorial candidate Alhaji Mu,azu Modibbo
was detained for several days in October and has been
subjected to surveillance since. ANPP Imo State Chairman
Onyewuchi was also detained on his return to Owerri from the
court in Abuja, and interrogated by SSS. Many others have
reported being followed or otherwise harassed in Ogun,
Adamawa, Kaduna and Imo states, the four states presented
thus far in the proceedings. The witnesses detained were
later released without charges after spending varying amounts
of time in custody.


6. (SBU) Buhari's lawyer complained to the judges about the
harassment by the security services. Obasanjo attorney
Babalola denied any presidential knowledge of the harassment,
and urged the judges not to permit the issue to become part
of the election suit proceedings. Head Justice Umaru
Abdullahi told Buhari's lawyers that they were responsibility
for protecting their witnesses. The press weighed in on the
issue, pointing out that it was more logical for the
government to control its overzealous security services than
to ask opposition parties to take that task.

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BUHARI/ETIEBET TRIP TO THE U.S.
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7. (C) With the justices attending Nigeria's annual judiciary
conference, the case has been adjourned until January 19,

2004. ANPP candidate Buhari and ANPP Chairman Don Etiebet
plan to visit the U.S. (Ref A) to present their case against
the election results and highlight the continuing instability
and insecurity in Nigeria. While they are not happy about
missing resumption of the trial, they say they are more
concerned at what they see as "the USG,s apparent backing of
the rigged elections," and the effect such perceived backing
might have on future U.S.-Nigeria relations. Their current
plan is to try to visit the U.S. after the Christmas
holidays, when Congress is back in session. While Buhari's
presence in the courtroom is useful for public relations,
they think it should not supersede other, more important
activities that Buhari might undertake.


8. (C) COMMENT: As long as Buhari sticks to the judicial
process, the likelihood of public disturbances in the north
against Obasanjo is diminished, although not eliminated.
Without a spark from another region, mass action is unlikely
to commence until after all legal means have been exhausted.
On the other hand, the longer Obasanjo keeps the process
going, the more potent his lawyer's argument becomes that it
is too late for the court to annul the April 2003 election
(Ref B). While other factors -- such as the internal strife
in the PDP and the continued anger among Nigerians on many
issues -- could trigger nationwide demonstrations or even an
in-house coup attempt by elements of the current ruling
party, any such event also remains unlikely before the
Appeals Court (and if it goes that far, the Supreme Court)
announces its decision.
MEECE