OBASANJO AND ATIKU ASK COURTS TO DECIDE

C O N F I D E N T I A L ABUJA 003304

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/28/2007
TAGS: PGOV KDEM PHUM NI
SUBJECT: OBASANJO AND ATIKU ASK COURTS TO DECIDE


Classified By: Charge d'Affaires Thomas Furey for reason 1.4 (b and d)


1. (U) SUMMARY: After three years of political disagreements
on a wide range of issues, President Obasanjo and Vice
President Atiku yesterday agreed that the Nigerian court
should be the arbiter in their latest dispute. Both men filed
suits on Dec. 28 in the Nigerian Court of Appeals asking that
the courts decide whether the President's declaration that
the vice presidency is vacant, following Atiku's nomination
for president on the opposition Action Congress (AC) ticket,
is constitutional. Although the Appeals Court has yet to
specify whether it will accept the case, and if so when it
will begin hearings, it is likely that the losing litigant in
this case will appeal to the Supreme Court for final
adjudication. END SUMMARY.


2. (U) The Nigerian Federal government (i.e., Obasanjo) filed
its case on December 28 at the Court of Appeals, the
country's second highest court, thereby implicitly accepting
the fact that the President's declaration that the vice
president's seat is vacant is a legal and constitutional
issue for the courts to decide. In the suit, the government
asks the court to issue an injunction, which would prevent
Atiku from representing himself as the Vice President of
Nigeria. The government also asked for a second injunction,
preventing Atiku from maintining immunity and recognition as
vice president from the National Assembly, INEC, political
parties and government agencies.


3. (U) The government asked the court to rule on the
legality and constituionality of the removal of Atiku from
the position of Vice President based on his switching
parties. In addition, the government asked for the court to
rule on Atiku's current status, the ability of the president
to have or select a vice president from another party, and
whether the act of changing parties by the vice president is
grounds for removal according to the constitution.


4. (U) Vice President Atiku, NOW vacationing in the United
States, also filed his case at the same court on December 28.
Atiku asked the court to rule on whether the President has
the constitutional power to remove the vice-president. In
particular, Atiku asked the court to set aside the
president's declaration, uphold his immunity, restrain the
government from arresting him, and restrain the National
Assembly from considering any nominee from the president to
fill the seat of vice-president.


5. (C) Comment: The president and vice president appear to
have come to agreement on at least one issue: that the courts
should decide on the legal and constitutional status of the
Vice President following his nomination by a different party.
It is unclear if the appeals court will accept the case and,
if so, how fast it will move. Even if it decides to begin its
hearings immediately, the process is likely to be drawn out,
especially if (as is almost certain) the loser appeals the
case to the Supreme Court. In the meantime, everyone is
waiting to hear from the Court, in what is likely to be the
first phase of Nigeria's most intriguing case since
independence.
FUREY