SENATORS PRESS USG ON THIRD TERM BUT DISAGREE ON

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000594 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 ABUJA 00000594 002 OF 002 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