SENATORS PRESS USG ON THIRD TERM BUT DISAGREE ON

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SIPDIS

NOFORN
SIPDIS

E.O. 12958: DECL: 03/16/2016
TAGS: PGOV KDEM PHUM NI AF
SUBJECT: SENATORS PRESS USG ON THIRD TERM BUT DISAGREE ON
PROCESS


Classified By: Classified By: Ambassador John Campbell for reasons 1.4(
b) and (d)


1. (C) Summary: In a meeting with the US Ambassador, six
Nigerian Senators repeatedly pressed the Ambassador on the
USG position on a presidential third term. The Senators
wanted to gauge USG perspective on the principle of
constitutional change, the USG assessment of the process so
far and what it would take for the process of constitutional
change to be viewed as legitimate by the USG. The Senators
also expressed confusion and disagreement over the rules
regarding the process for constitutional change. End Summary.


2. (C) The meeting at the Ambassador's residence on March
14, 2006 was requested by Senate Foreign Affairs Committee
Chairman (and former Nigerian Ambassador to the U.S.) Jibril
Aminu, and was attended by five other Senators. Aminu asked
that the meeting be held away from the National Assembly to
avoid press and allow for frank discussion. The meeting
covered a wide range of issues related to the perception and
process of constitutional change that would allow, among
other things, President Obasanjo to serve a third term.


3. (C) Aminu began the meeting by explaining that they
wanted to discuss issues related to the third term. He laid
out a series of questions intended to gauge the USG
perspective on the principle of constitutional change and its
assessment of the process so far.


4. (C) The Ambassador began by emphasizing the strong
bilateral relations between the USG and GON. He stressed the
partnership between the two countries on a host of African
regional issues. He provided background on the testimony of
Ambassador Negroponte before a US Senate committee. He also
referred to the current crisis in the Delta and said that
hostage-taking is wrong under all circumstances. He said the
Nigerian constitutional process was essentially a domestic
matter, but that it was important to Nigeria,s friends that
the amendment process be clear and transparent. The
Ambassador asked for clarification on the amendment process
and asked how many amendments were being offered.


5. (C) Three different answers (183, 168 and 116) were given
as to the number of amendments being considered. None
corresponded to the 103 figure being reported in the press.
There was also confusion about whether the proposed
amendments (called clauses) could be voted on in groups or
should be voted on individually. The senators disagreed on
the legality of grouping the clauses. After consulting the
constitution and their committee,s legal counsel (whom they
brought to the meeting),they still disagreed. There was
also a debate about the procedure for the granting of
immunity for individuals through extra-constitutional means.
Aminu stated that it might be possible to go outside of the
constitutional amendment process to grant immunity to
individuals. Another Senator took great issue with his
argument.


6. (C) There was also disagreement among the Senators about
the role of the courts in the amendment process. Aminu
dismissed any role for the judiciary. Another senator
emphasized that the judiciary's role was to evaluate the
process and implementation. The two examples of possible
court cases he presented were: (1) given the number of
amendments proposed, it could be argued that these were not
amendments but an entirely new constitution; and (2) if the
third term amendment were passed, would it be retroactive.


7. (C) The Senators acknowledged that even if a third term
amendment were passed, an election would have to be held,
essentially on schedule in 2007. Aminu pressed the
Ambassador on what specific criteria the USG would use to
determine whether the next election were free and fair and
what the USG was doing to assist the electoral process. In
response, the Ambassador said that a free and fair election
is the responsibility of Nigeria. Friends of Nigeria are
prepared to help. The Ambassador mentioned that the National
Democratic Institute (NDI) was in the process of organizing a
high-level, pre-electoral assessment mission and that support
was also being given to the Independent National Election
Commission (INEC),the International Republican Institute and
to local NGOs working in election monitoring.


8. (C) Comment: The meeting indicated two things: (1) the
Senators are looking for a USG reaction at the highest level
to the third term process and (2) that there is significant
disagreement and confusion regarding the amendment process
itself. It appears that the Senators are still evaluating
their position on the third term and that the USG position
might have an impact on their decision. The Senators said

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that USG opinion on the third term and election process was
very important and asked for regular feedback in the form of
future meetings. The Senators showed no interest in any
other topic, either domestic or international. Senator Aminu
did acknowledge that the current Delta crisis lends
credibility to Ambassador Negroponte,s testimony. End
Comment.
CAMPBELL