OYO GOVERNORSHIP IN TURMOIL

C O N F I D E N T I A L SECTION 01 OF 02 LAGOS 000100

SIPDIS

STATE FOR AF/W
STATE FOR INR/AA

E.O. 12958: DECL: 01/19/2016
TAGS: PREL PGOV NI
SUBJECT: OYO GOVERNORSHIP IN TURMOIL

REF: LAGOS 0004

Classified By: Acting Consul General William Howe for Reason 1.4(D)

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SUMMARY
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1. (U) Turmoil continues over the governorship of Oyo State
as both sides refuse to give ground. Embattled Governor
Rasheed Ladoja, disputing the propriety of each step of the
impeachment process, has filed suit in the Federal High Court
to nullify his ouster and maintain his control of access to
Oyo State financial accounts until the dispute is resolved.
Alao Akala, Ladoja's deputy governor who was recently
sworn-in as governor, filed counter-motions to have Ladoja's
suits dismissed as "incompetent". President Obasanjo has
declined to get publicly involved, and the next move appears
to be in the hands of the courts. A rally protesting
Ladoja's removal was held on January 23 in Ibadan. End
summary.

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IMPEACHMENT MOVES FORWARD, OR DOES IT?
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2. (U) On January 12, eighteen members of the Oyo State
House of Assembly impeached Governor Rasheed Ladoja. The
members said the vote was taken after they reviewed the
investigative panel's report that found the governor guilty
of nine of the fourteen allegations leveled against him.
Soon thereafter the state's acting chief judge swore-in
Ladoja's deputy, Alao Akala, as new governor. Akala then
proceeded to the home of Lamidi Adedibu, Oyo political
heavyweight and Lodoja opponent, and pledged his loyalty,
promising to work closely with the politician.


3. (U) Concurrent with the Akala's swearing-in, an Ibadan
High Court was ruling on an application filed by the fourteen
assemblymen loyal to Governor Ladoja, asking the court to
restrain the acting chief judge from setting up the
investigative panel. The complaint claimed the procedure
followed to establish the panel was unconstitutional. The
judge upheld the assemblymen's application and declared the
investigative panel illegal. Emboldened by this ruling,
Ladoja issued a statement reasserting his position of the
governorship. "I was elected following due process and if I
am going to be removed, due process must be observed," said
Ladoja.


4. (U) The embattled Ladoja also filed suit in the Federal
High Court to nullify the impeachment process as
unconstitutional and to block access to state financial
accounts until the dispute is resolved.


5. (U) Since his December statements favoring Adedibu
(reftel),President Obasanjo has stayed out of the fray
publicly. The day before the vote to impeach Ladoja, the
President stated that, because the judiciary was already
involved, the process had advanced beyond the point where his
intervention was appropriate.


6. (U) Tension in Ibadan had increased dramatically in the
days immediately following the disputed impeachment vote, and
heavily-armed police with armored cars were deployed at each
of the four gates leading into the state government complex
to enforce the impeachment action and prevent Ladoja from
resuming office. The level of security has since been
returned to normal.

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IMPEACHMENT PROMPTS PROTEST RALLY
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6. (U) A rally to protest Governor Ladoja's impeachment was
held on January 23 in Ibadan by a number of civil society,
labor, student, and activist groups. Police were on hand
early in the morning, and ordered the crowd to disperse,
which most did, before they fired teargas to clear the
remaining protesters. Moshood Erubami, head of the Campaign
for Democracy and noted leader of anti-government
demonstrations during the Abacha regime, led the
demonstration. Police took Erubami into custody after he
lingered in the area, and he was later released on bail.

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COMMENT
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7. (C) The impeachment of Governor Ladoja bears a striking
resemblance to that of former Bayelsa State Governor Diepreye
Alamieyeseigha. In both cases the assemblies rushed the
impeachment process with little reference to court rulings
and constitutional provisions. The two cases also seemed to
greatly interest the President. During a recent trip to
Ibadan President Obasanjo urged Ladoja to resign to forestall
his impeachment. The press criticized the role of security
agents in the impeachment processes. Ladoja publicly alleged
that he "...was forced out of government by brute force."
Police and other security agents' activities suggested they
were following orders from those bent on removing the
governors.


8. (C) Comment continued: However, a major difference
between the Bayelsa and Oyo cases is the willingness of some
Oyo judges to take a stand, denying Akala the chance to gain
momentum and public legitimacy by assuming the governorship.
This pause allowed Ladoja to raise the dispute to the Federal
High Court.


9. (C) Comment continued: Past experience suggests it is
unlikely that Ladoja will be successful in retaining his
office. Perhaps the real question is how much longer, and
how publicly, will the saga continue. The growing level of
judicial involvement raises the case's profile and will make
it more awkward, if not more difficult, for a contrary
resolution to be imposed. While this probably will not be
enough to save Ladoja's position, it may give pause to those
viewing "expedited impeachment" as a convenient tool to
remove political enemies. The Oyo imbroglio has led Nobel
laureate Wole Soyinka to call for the President's impeachment
due to his perceived involvement and close connection with
the apparent victor in the struggle, Lamidi Adedibu. End
comment.
HOWE