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