NIGERIA, REPORTED PRESIDENTIAL ANGER AT U.S.

S E C R E T ABUJA 003220 SIPDIS SIPDIS E.O. 12958, DECL: 12/10/16 TAGS: PGOV PREL NI SUBJECT: NIGERIA, REPORTED PRESIDENTIAL ANGER AT U.S. LEGAL PROCEEDINGS AGAINST FORMER NIGERIA CHIEF OF STATE GEN. ABDULSALAM ABUBAKAR Classified By: Ambassador John Campbell, for Reason(s): 1.5 (B),(D). This is an action cable, please see para 4. ¶1. (C) Attorney General Bayo Ojo told me December 9 that President Obasanjo is Qdeeply angryQ over what he sees as U.S. failure to resolve QsatisfactorilyQ U.S. legal processes against former chief of State Gen. Abubakar. Expatriate Nigerians, the Attorney General continued, have brought suit in the U.S. courts against Gen. Abubakar for actions he took while he was interim Chief of State between the death of Military Dictator Sani Abacha in June, 1998 and the election of Olusegun Obasanjo as President in May, ¶1999. ¶2. (C) During July 2006 meetings in the Department, the Attorney General continued, he had sketched out a QpoliticalQ (rather than legal) resolution, but, he complained, as yet there has been no official U.S. response, despite his efforts then and those subsequently by NigeriaQs Ambassador in Washington, George Obiozor. (The Attorney General could not recall with whom he had met in the Department, nor with whom Ambassador Obiozor has met.) President Obasanjo believes, the Attorney General continued, that this legal action against a former Chief of State is Qespecially unfairQ because Gen. Abubakar was merely the Chairman of the Provisional Ruling Council and Commander and Chief of the Armed Forces during the period he was in office, and yet is being held individually accountable for actions taken by that provisional government. ¶3. (C) The Attorney General closed by saying that he would like an early meeting with the U.S. Attorney General to resolve, finally, this issue. He observed that he would be in New York on December 19 to attend the Sullivan Foundation dinner for President Obasanjo. However, he did not volunteer that he would be available to go to Washington at that time. ¶4. (C) Action Request: We request a response we can pass to the Attorney General Q even if the answer is that the issue is before the court and there is no action the Executive Branch may take. We also recommend offering a senior-level meeting, either at State or Justice, to the Attorney General. ¶5. (S) Comment: With Minister of the Federal Capital Territory Malam El-Rufai, Minister of Aviation Femi Fani Kayode, and Minister of Education Obi Ezekwesili, the Attorney General is part of the PresidentQs official inner circle. (There are others close to the President Q e.g., the Uba brothers and Tony Anenih Q who do not hold Federal office.) The President of late has been using this inner circle to send us messages, especially ones he regards as awkward. Therefore, I take as credible the Attorney GeneralQs statements that the President is deeply angry with the U.S. over our QfailureQ to resolve the former Chief of StateQs legal problems. ¶6. (S) Comment, continued: With less than a week to go before the ruling Peoples Democratic Party (PDP) national convention at which a Presidential successor is supposed to be nominated, President ObasanjoQs political intentions remain enigmatic. However, it is widely said that that he is concerned about possible legal prosecution should he leave office and lose his current legal civil and criminal immunity to prosecution. This anxiety, should it be true, may account for his anger at alleged U.S. failure to protect a former Nigeria Chief of State from legal action in U.S. courts. CAMPBELL