NIGERIA: READOUT ON ELECTION TRIBUNALS

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000934

SIPDIS


NSC FOR JFRASER
CAIRO FOR MAXSTADT


E.O. 12958: DECL: 05/21/2013
TAGS: PGOV PREL KDEM PINR NI
SUBJECT: NIGERIA: READOUT ON ELECTION TRIBUNALS


Classified by Ambassador Howard F. Jeter. Reason: 1.5(d).



1. (U) Begin Summary: The Nigerian constitution and the
Electoral Act of 2002 allow candidates or parties to petition
State Election Tribunals to correct alleged electoral
irregularities. Defeated Gubernatorial and Assembly
candidates in 24 states have filed cases before their
states, tribunals. The courts have already shown a wide
variance in methods and requirements. Although the Electoral
Act gives parties 30 days to file petitions, the Act did not
give the tribunals specific time limits in which to decide
cases. Thus, most INEC-declared winners will likely be
inaugurated before the tribunals pass their judgments. End
Summary


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WHAT ARE THE TRIBUNALS?
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2. (U) Election tribunals have been constituted in each of
the 36 states and the Federal Capital Territory to hear
petitions arising from the conduct of all elections within
the respective states. If unsatisfied with the tribunal,s
judgment, a person can petition the Federal Court of Appeal
and finally the Supreme Court (Note: At the speed which the
Nigerian legal system normally moves, this appeal process
could take several months). All complaints must be filed
with the tribunal within 30 days of the election. However,
neither the Constitution nor the Electoral Act specify a time
limit for resolution. Complaints related to the Presidential
election are to be filed directly with the Court of Appeal.


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RULES OF EVIDENCE
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3. (U) Tribunals use various rules of evidence, depending on
whether the alleged offence is civil or criminal. The
Electoral Act lists possible offences. The Act allows for
flexible procedures to make it less cumbersome. The standard
for modifying election results is based on a number of
factors, including proof of irregularities that substantially
affected the final results and evidence that a candidate was
unqualified to run for office. The tribunals can annul
results, award the election to a different candidate or call
for new elections.



4. (U) Already, the tribunals have exhibited a wide disparity
in their actions and decisions. In one state, a tribunal has
declared that it will recess until after the inauguration.
Another state,s tribunal has stated it will not recess for
any reason until all decisions are rendered. Some state
tribunals have already demanded all INEC documents for all
elections for both sides to use as evidence, while at least
one other tribunal has refused to allow political parties to
view INEC documents provided.


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CURRENT PETITIONS
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5. (U) In spite of initial reticence to use the elections
tribunals, petitions for at least 88 cases in 24 states have
been filed. These include 10 cases for Governor, 14 for
Senate, 63 for House, and 1 for State Assembly. The ANPP has
also filed its petition contesting the Presidential Election.
Filing for the National Assembly closed on May 12, while
filing for Gubernatorial and Presidential elections closed
May 19. The deadline for State Assemblies elections is June

2.



6. (U) Observers worry that Executive funding of the
judiciary and tribunal appointments guided by the state
judiciary could impact the impartiality of the tribunals.
The federal constitution empowers a state governor to appoint
the state Chief Judge through the National Judicial Council.
The Chief Judge, in turn, recommends jurists as members of
tribunals. However, no one is to serve on a tribunal in
his/her state of origin. Justice Uwais, Chief Justice of the
Supreme Court, said at the swearing in of the members of the
tribunals that: "In Nigeria, corruption and ethnicity have
had, in the not distant past, placed the role of Election
Tribunals in jeopardy...when they fail in their duties, the
consequences have been violence resulting in murder, arson
and grievous bodily hurt."



7. (U) Although in recent times the Supreme Court has
delivered important judgments that demonstrate its ability to
assert independence from the Executive, lower levels of the
judiciary have not exhibited the same level of independence
and are still seen by most observers as subordinate to the
Executive Branch and the Governors.



8. (C) COMMENT: Most Nigerians believe that many elections
were marked by fraud and that the tribunals will not do
anything to right these wrongs unless directed by the
Presidency. The tribunals have the chance to demonstrate the
independence of the judiciary, correct electoral flaws, and
cool the political temperature if their decisions change some
results, particularly in the South-East and South-South. If
the tribunals fail to grasp this opportunity to lessen
political tensions and make the results more reflective of
the popular will on election day, the credibility of both the
judiciary and of Nigeria,s foundling democracy will suffer.
END COMMENT
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