CHIEF JUSTICE UNDER ATTACK

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 001233

SIPDIS

NOFORN

E.O. 12958: DECL: 07/12/2014
TAGS: PREL PGOV PTER PHUM NI DOMESTICPOLITICS
SUBJECT: CHIEF JUSTICE UNDER ATTACK

REF: A. LAGOS 637 AND PREVIOUS

B. ABUJA 725

C. ABUJA 1190 AND PREVIOUS

D. ABUJA 581

Classified By: AMBASSADOR JOHN CAMPBELL. REASONS 1.5 (B & D).


1. (C) SUMMARY: Nigeria's Chief Justice of the Supreme
Court Muhammadu Uwais met with Ambassador last week at his
residence. Uwais laid out a story of interference in the
judiciary and attempted manipulation and intimidation by the
Presidency. He claimed that accusations that he accepted
bribes in an earlier case had been followed by attempts to
deposit large sums of money into his bank account to
implicate him. "I have not asked Obasanjo for anything and
he feels that I cannot be controlled like others," Uwais
said. He commented that he wanted to relate the story to the
Ambassador so that "someone knows what is happening here" in
case "something happens" to him. After the meeting at the
Ambassador's residence, an invitee who came with the Chief
Justice was contacted by State Security Services (SSS) and
queried about the meeting. The judiciary at the Federal
level remains relatively free from corruption and the Chief
Justice has shown his concern over the past few years with
restoring its image. At the state and local level, the
judiciary is of varied quality, with many judges in place
through political manipulation and subject to bribery and
coersion. END SUMMARY.


2. (C) Nigeria's Chief Justice (CJ) of the Supreme Court
Muhammadu Uwais met with Ambassador last week at his
residence. The meeting, while part of the Ambassador's
scheduled round of introductory visits, was initiated by
Uwais. Uwais brought a relative to the meeting and
Ambassador was accompanied by A/PolCouns. Uwais appeared
relaxed and seemed to relish the exchange of pleasantries
preceding lunch. At the table, however, he laid out a story
of interference in the judiciary and attempted manipulation
and intimidation by the Presidency.


3. (C) Uwais said that he and other Supreme Court justices
were experiencing "pressure and harassment" from President
Obasanjo due to Presidency concerns that the court may not
"do his bidding." The story begins with the tale of Delta
Governor James Ibori and his alleged conviction for stealing
roofing materials and Uwais spoke in great detail about the
case. According to Uwais, a group of ruling PDP members
decided they did not want Ibori to contest the governorship
of Delta for a second term in 2003, but were unable to
manipulate the nominating process in Delta state against him.
Failing that, two PDP "members" filed a suit alleging that
Ibori had been convicted in a court in the Federal Capital
Territory (FCT) in the mid-1990's and was therefore
ineligible to run for office. This case was not resolved
before the 2003 elections and, along with an election
tribunal case against Ibori, elements of it linger on without
resolution (REF A). Uwais said that Ibori personally visited
him to alert him of the attempt to bar him from office and
asked for the Chief Justice's assistance and gave Uwais a
copy of a letter Ibori planned to deliver to Obasanjo.


4. (C) After the Ibori visit, Uwais instituted an
investigation of the matter at the Bwari district court in
the FCT. Two of the three judges serving on the panel
recalled the case and confirmed that, in fact, Ibori had been
convicted in the theft. (NOTE: Uwais said the third judge's
whereabouts were unknown as he had retired. END NOTE.)
Later, Obasanjo directed the FCT police to investigate the
case. The police came to the opposite conclusion, that no
case had been entered against Ibori and that the court clerks
had been paid to falsify the records.


5. (C) While these investigations were continuing, a
previously unknown group calling itself the "Derivation
Front" alleged that Uwais and other judges had been bribed.
When the justices reported the matter to the police, an
"investigation" was launched. The police, using the INTERPOL
unit within the force, concluded that nothing could be done
about the allegations because the address and phone number on
the letter were false (REF B). When Uwais pointed out that
there were other names, including the signatories to the
letter and an attorney representing the group, the police
dragged their feet and made no efforts to investigate further
without prodding from the Court. Uwais says that it is
obvious that Obasanjo is behind the efforts to have Governor
Ibori removed because the President's "crony and attorney"
Afe Babalola is leading the case against the governor and
speculated that elements "in the Presidency" were behind the
Derivation Front as well. Uwais, ignoring the allegations,
chose to sit on the panel that heard the appeal to the
Supreme Court and deal with the allegations directly. When
he opened the hearing of the case, Uwais announced that the
allegations were untrue and the organization making them was
a front group sponsored to attack the integrity of the court.


6. (C) In a new development, Uwais claimed that this
earlier case had been followed by attempts to deposit large
sums of money into his bank account to implicate him. Uwais
claimed his daughter had received a call from a friend, an
attorney named Lanre Williams. Williams then called Uwais
and explained that the SSS had been tasked with finding the
CJ's vulnerabilities, including bank account numbers and
properties with an eye to tarnishing his image. Williams
claimed that a friend of his in the SSS had asked Williams to
alert the CJ because he "respects the CJ and doesn't agree
with his orders." Uwais says that he consulted with the
other justices and the group decided not to approach the
police "as they work for the President and are incompetent."


7. (C) Asked for a reason for the interference, Uwais
posited, "I have not asked Obasanjo for anything and he feels
that I cannot be controlled like some others." He claimed
that Obasanjo is nervous about the Supreme Court because of
the Presidential Election Tribunal, which will end up in the
Supreme Court regardless of its outcome at the Federal Court
of Appeals (REF C). Uwais said a friend reported that
Obasanjo had told a group of his supporters during a strategy
meeting that "that man (Uwais) can not be dealt with." Uwais
speculated that if the pressure was coming from the
Presidency, Obasanjo "must be behind it" as nothing happens
without his knowledge.


8. (C) Uwais said that he approached the Embassy to relate
the story to the Ambassador so that "someone knows what is
happening here" in case "something happens" to him (REF D).
He claimed that he was committed to improving the reputation
of the judiciary and beginning the task of cleaning up the
dishonest judges throughout all levels of the system. He
asserted that, given his age and position, he wanted nothing
more than a "good reputation."


9. (C) NOTE: After the meeting at the Ambassador's
residence, the other guest was contacted by State Security
Services (SSS) and queried about the meeting. END NOTE.


10. (C) COMMENT: The judiciary at the Federal level
remains relatively free from corruption and the Chief Justice
is not known to be corrupt. He has shown his concern over
the past few years with restoring the image of the judiciary
and has been known to stand up to efforts at controlling the
courts. The justices are appointed by the President and
serve for life unless removed by a judicial council, a
complicated process involving dozens of judges and attorneys.
At the state and local level, judges serve at the whim of
the sitting governors, and they are of varied quality. Many
were appointed as political favors, and most are subject to
bribery and and the threat of capricious removal. While the
reputation of the Federal Courts has improved in the past few
years, much of the public remains skeptical. Without public
support and freedom from political intimidation, the courts'
efforts to instill rule-of-law, a necessity for Nigeria's
struggling democracy, will be limited.
CAMPBELL