DOKUBO-ASARI RELEASED ON CONDITIONAL BAIL

S E C R E T SECTION 01 OF 02 ABUJA 001276

SIPDIS

SIPDIS

DOE FOR CAROLYN GAY

E.O. 12958: DECL: 06/17/2017
TAGS: PGOV PINR NI
SUBJECT: DOKUBO-ASARI RELEASED ON CONDITIONAL BAIL


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Classified By: Political Counselor Russell J. Hanks for reasons 1.4 (b)
and (d).


1. (S) SUMMARY: Nigeria's Federal High Court on June 14
released Niger Delta militant leader and Niger Delta Peoples
Volunteer Force (NDPVF) leader Mujahid Dokubo-Asari on
conditional bail based on his deteriorating health. This
decision reverses the Nigerian Supreme Court's June 8 ruling
that denied Asari bail on grounds that he is a risk to
Nigerian national security. The hearing appeared more like a
press conference than a judicial proceeding, giving the
impression Asari,s release was a foregone conclusion. END
SUMMARY.


2. (SBU) Nigeria's Federal High Court on June 14 released
Niger Delta militant leader and Niger Delta Peoples Volunteer
Force (NDPVF) leader Mujahid Dokubo-Asari on conditional bail
based on his deteriorating health. Defense counsel filed
affidavits with the court detailing Asari's escalating
diabetes and hypertension and requested Asari be released to
seek treatment so that he may be medically fit to stand
trial. Counsel also recognized several prominent Southern
community leaders in attendance who had agreed to guarantee
Asari's cooperation. The prosecution acknowledged this
request and requested only that the court impose conditions
upon Asari,s release to guarantee that he would not skip
bail.


3. (SBU) The court agreed to grant Asari bail based on the
following conditions: that he not hold political office or
participate in any political activities, to notify the
Nigerian State Security Service (SSS) if he travels inside
Nigeria, and if he travels abroad to notify the relevant
Security Services and register with the nearest Nigerian
Embassy. The court also asked that Asari name two prominent
citizens as guarantors.


4. (C) Nigerian Security Services had blocked off the
streets leading to the Federal High Court with armored
vehicles and security agents swarmed the judicial compound.
Barristers, journalists, and Asari supporters from both
Northern and Southern Nigeria packed the court room in
anticipation of the ruling. A Hausa-Fulani man who had been
following the case told Poloff that the bail decision was a
victory for Nigeria and suggested the government was taking a
positive step towards resolving the Niger Delta crisis.
Several prominent South-South community leaders also attended
the hearing.


5. (SBU) The Federal High Court's decision reverses the
Nigerian Supreme Court's June 8 ruling that denied Asari bail
on the basis that he is a risk to Nigerian national security.
Asari, who is prone to outbursts in court, in February
threatened the life of the presiding trial judge. Asari was
arrested in September 2005 and charged with treason for
attempting to overthrow former President Olsegun Obasanjo and
his incarceration has become a rallying point for Niger Delta
militants who cite his release among their laundry list of
demands.

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Comment
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6. (S) Poloff attended the bail hearing at the Federal High
Court, which appeared more like a press-conference than a
judicial proceeding. Barristers at the high court told
Poloff that counsel from both sides met with the Judge
in-camera before the hearing, which started nearly two and a
half hours late. The proceedings were abrupt and gave the
impression that an arrangement had already been made behind
closed doors before the hearing began.


7. (S) When taken in the context of the Yar'adua
administration,s stated priority to resolve the Niger Delta
crisis, the staged air of the hearing suggests the court's
decision to grant Asari bail may have political overtones.
While Post cannot say whether the administration had a hand
in Asari's release, the ruling may buy President Yar'adua
some goodwill among Delta communities as well as some time to
formulate his Delta strategy. However, while Asari's cache
makes him a symbolic figure among Delta communities, it is
unclear what effect his release will actually have on the

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security situation in the Delta. Asari has effectively been
out of the militant game for nearly two years and may no
longer have the political sway to reign-in current militant
leaders.
CAMPBELL