CHIEF JUSTICE ON THE JUDICIARY

S E C R E T SECTION 01 OF 02 ABUJA 000252

SIPDIS

NOFORN

E.O. 12958: DECL: 01/20/2014
TAGS: PREL PGOV PTER PHUM NI
SUBJECT: CHIEF JUSTICE ON THE JUDICIARY


Classified By: CDA CLAUDIA ANYASO. REASONS: 1.5 (B & D)


1. (C) SUMMARY: Nigeria,s Supreme Court Chief Justice
Mohammed Uwais continues his efforts to rehabilitate the
image of the Judiciary, and especially the Supreme Court, by
speaking out on Nigeria,s problems. Following the latest
January round of dueling court rulings in the Anambra
governorship case, Uwais addressed the press and talked
privately to PolOff. To reporters, he criticized his own
judiciary and offered public ideas for improving its
performance. Privately, he expressed his concerns for
Nigeria's future and provided his assessment of the ongoing
Presidential election tribunal. He said the judiciary would
decide that case "solely on the merits of its legal
arguments." Previously anxious about Nigeria's future, Uwais
seemed confident in the country's ability to weather even the
worst scenarios looming ahead. END SUMMARY.

UWAIS COMMENTS IN PUBLIC


2. (U) Publicly, Uwais made four points. First, he called
on the Nigerian public to help "police" the judiciary. He
asked that any citizen who knew of judicial malfeasance come
forward to help the Supreme Court and the National Judicial
Council (NJC) ferret out the "few bad judges." He also
lamented that judges were being subjected to unprecedented
pressure from outside the courts system and many felt unable
to perform their duties. Citing the Omisore case and its
list of revolving judges, he said that pressure from outside
should not prevent a judge from carrying out his duty.
However, Uwais allowed, it was unfair to assign
"high-profile" cases to junior members of the judiciary, a
practice endorsed by many senior judges in order to protect
themselves. The senior judge in the jurisdiction should
accept any case with the potential for publicity and
political blowback, Uwais suggested.


3. (U) Responding to the reporter's questions on an Enugu
State judge issuing an order ousting the Anambra State
governor, Uwais commented that the issue of such "co-ordinate
jurisdiction" has been under serious discussion within the
judiciary for some time. At the December annual judiciary
retreat, Uwais says that this topic was one of the two
primary issues. On the specific case, he said that Justice
Nnaji, the judge in Enugu who issued the order ousting
Anambra Governor Ngige again, would have to show a pattern of
questionable rulings before his case would rise to the level
of the NJC. Uwais declined comment on the ruling as it was
still sub judice, but stated that all judges are aware that
they should refrain from entertaining cases outside their
respective states of jurisdiction.


4. (U) Finally, Uwais maintained that the judiciary could
not be held responsible for "courting military intervention."
He averred that no past coup had been instituted because of
judicial actions. Uwais agreed that conflicting judicial
decisions were troublesome, but suggested allowing the
processes to continue to their logical conclusions, to the
Supreme Court if necessary.

PRIVATELY, ON THE JUDICIARY


5. (S/NF) In his meeting with PolOff on the same day as the
newspaper interview, Uwais echoed the same themes as well as
discussed the Election Tribunal hearing the complaints of the
ANPP and its candidate Muhammadu Buhari. Uwais said that he
was "tired of meddling from above." He complained
specifically about Nnaji in Enugu and what he said was
President Obasanjo,s promise to promote Nnaji to the Federal
Appeals Court in exchange for the decision. He cited the
history of cooperation between the Presidency and another
judge, Egbo-Egbo, who has ruled against Ngige. Uwais said
"we recommended that the President sack Egbo-Egbo but he has
refused to act." He commented that the NJC played an
investigatory and advisory role, but that no judge could be
removed without the President's concurrence, thereby
undermining the independence of the judiciary.

AND ON THE ELECTION TRIBUNAL


6. (S/NF) Turning to the election tribunals, Uwais had
obviously been considering the judicial dilemma for some
time. "We know the PDP rigged the elections," he said, "but
it is up to the ANPP to prove it" in court. Stating that he
had been following the tribunal on a daily basis, he said
that the evidence presented thus far was "substantial."
Uwais also pointed out that the President and INEC would be
limited in presenting their defense: The prosecution and
defense were required to file their pleadings at the
beginning of the case, but while the ANPP was thorough, but
it appeared that Obasanjo and INEC had merely gone through
the motions without laying the groundwork for evidence they
might present to refute the ANPP,s claims.

7. (C) Discussing the theoretical outcome of the case, Uwais
said that if the Tribunal found in favor of the ANPP, it
would have to declare the April 19 election "a nullity." At
that point, Obasanjo and Vice President Atiku would no longer
be in office. The leadership mantle would pass to the Senate
President who would be directed to conduct new elections
within a specified period. Since INEC would be a losing
party in the case, Uwais said, it was likely that some
alternative would have to be found to direct the new
elections.


8. (S/NF) Uwais said that the outcome depends on how well
ANPP attorney Mike Ahamba presents his case. He is doing
well so far, Uwais commented. He stated that the judiciary
remains concerned about the potential for disruption and
confusion in the wake of the tribunal, an argument put forth
by the President to argue against entertaining the case.
Uwais said he foresees potential problems for Nigeria
regardless of who wins the case. On these matters, Uwais
said that he had consulted with a wide range of politicians
and military officers over the past few weeks. He stated
that the concerns he once had about annulling the election
"are now satisfied." If Ahamba makes his case in 13 or more
states, Uwais continued, "I guarantee that the judiciary will
decide the case solely on the merits of its legal arguments."



9. (S/NF) COMMENT: At his most recent previous meeting with
PolOff, Uwais was very anxious and showed considerable
apprehension about the confusion that could arise from
overturning the elections. In this meeting Uwais seemed less
concerned about the prospect of confusion, but was sanguine
about the future of Nigeria,s current democratic
dispensation. For years, Uwais has maintained that he wants
to clean up the judiciary and re-establish its independence.
ANYASO