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Senate had itself "nullified" or "rescinded" the agreement.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