Identifier | Created | Classification | Origin |
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03ABUJA936 | 2003-05-23 13:38:00 | UNCLASSIFIED | Embassy Abuja |
This record is a partial extract of the original cable. The full text of the original cable is not available. |
UNCLAS ABUJA 000936 |
1. RNLEO met with the Chairman of the Independent Corrupt Practices and Other Related Offenses Commission (ICPC), Justice Mustapha Akanbi, on May 20 to discuss the status of the ICPC in light of the recent actions by the National Assembly. 2. Justice Akanbi told RNLEO that he has been working from his home to avoid a conflict with the court that ordered all parties to maintain the status quo in response to a law suit filed by several legislators seeking to overturn the newly enacted 2003 Anti-Corruption Law. Akanbi noted that press coverage indicating that the President vetoed the new legislation was not accurate. He explained that the President was complying with the court order to "maintain the status quo" until the court had time to rule on the merit of the lawsuit against the National Assembly leadership. Justice Akanbi stated that he did not want to appear to be doing anything contrary to the court order. Therefore, he was working from his home. 3. Akanbi stated, until the matter is settled by the court, ICPC cannot investigate nor arrest. In fact, to avoid problems for his staff, they occasionally meet at his home to get instructions and guidance for their daily responsibilities. The major issue is whether the court has jurisdiction over a case involving laws passed by the National Assembly or not. Akanbi said that the Chief Judge of the Federal High Court came to Abuja from Lagos to hear the case personally. The next hearing is on Thursday and all parties have been given strict instructions leading Akanbi to believe that the matter could be settled in the next two to three weeks. (Note: During proceedings on May 19, the court rejected the Governments motion to set aside the new amendment but scheduled further hearings for May 22. (End Note) 4. Justice Akanbi stated that the President was very worried over this issue and feared that Akanbi would resign. He said the President prevailed upon him not to resign because of the signal it may send to the nation and the international community. Akanbi assured RNLEO that he plans to keep working until the matter is resolved. He expressed confidence that the case would be settled in favor of the original Anti-Corruption Act because the attorney handling the case for the Presidency is the same attorney that handled the ICPC constitutionality case and won. 5. Akanbi observed that only the Minister of Transport expressed public support for the ICPC. He said that if the courts rule in favor of the ICPC, he plans to run a program to educate the public about the differences in the Anti- Corruption Act of 2000 and the recently passed bill. On one specific element of the new law, Justice Akanbi stated that he could not imagine a serving judge on the Appellate Court who would accept an appointment to the Commission. 7. Akanbi also asked about the U.S. position on the events surrounding the ICPC. RNLEO reiterated the position taken by the Ambassador in a previous meeting that the U.S. could not support the ICPC as proposed by the law recently passed by the National Assembly because it was clearly designed to further the goals of a few corrupt legislators. In addition, RNLEO advised Justice Akanbi that the ICPC assistance package from OPDAT, signed in March 2003 was designed for the Commission as formed by the Anti-Corruption Act of 2000 and could not proceed until it is clear that the integrity of the Commission is assured. Justice Akanbi understood and agreed saying, he too could not serve on a Commission as proposed by the new law either. 8. The fate of the ICPC should become clearer after the hearing on May 22, and will be reported SEPTEL. JETER |