NIGERIAN SENATE CALLS FOR ARTICLE 98 AGREEMENT TO

C O N F I D E N T I A L ABUJA 001535 SIPDIS E.O. 12958: DECL: 08/19/2015 TAGS: PREL PGOV MARR MOPS KTIA NI KICC SUBJECT: NIGERIAN SENATE CALLS FOR ARTICLE 98 AGREEMENT TO BE ANNULLED, PRESIDENT UNLIKELY TO RESPOND REF: A. 03 ABUJA 1373 ¶B. ABUJA 1119 Classified By: Ambassador John Campbell for Reasons 1.4 (b) and (d) ¶1. (C) Summary: The Nigerian Senate passed a resolution requesting that President Obasanjo rescind Nigeria's Article 98 Agreement because the National Assembly was not consulted before the agreement was signed. However, the GON determined at the time of signing that it was an executive agreement and that there was no need for National Assembly ratification (Ref A),so we think it unlikely that the President will take any action on the Senate's resolution. End Summary. ¶2. (U) On August 16, the Nigerian Senate passed a resolution requesting that President Obasanjo rescind Nigeria's Article 98 Agreement because the National Assembly was not consulted before the agreement was signed on June 30, 2003, by the Nigerian Solicitor-General and the former U.S. Ambassador. The resolution requested that President Obasanjo give the U.S. one year's notice of intent to terminate the agreement. Some news reports incorrectly stated that the Senate had itself "nullified" or "rescinded" the agreement. In fact, the Senate's resolution is not binding upon the President. ¶3. (U) Background: At the time the agreement was signed, the Nigerian Solicitor-General (the highest ranking civil servant in the Ministry of Justice and the official who executed the Article 98 Agreement on behalf of the GON) I.A. Ayua indicated in a July 14, 2003, letter to former Ambassador Jeter that the GON had deemed the Article 98 agreement an executive agreement. Thus, there would be no need to seek National Assembly ratification. End Background. ¶4. (C) Comment: We think it unlikely that the President will take any action on the Senate's recommendation. President Obasanjo has established a track record of making decisions without seeking the National Assembly's approval, for which the National Assembly occasionally threatens the President with impeachment. The most likely result of this resolution, we think, is that the President will ignore it, and one more count will be added to the ongoing feeble impeachment move (Ref B),currently stalled in the House. Effectively, the Senate's resolution is its way of telling the President, "you can't do that," to which the President is likely to reply, "I just did." End Comment. CAMPBELL