JULY 2007: NORTHERN NIGERIA POLITICAL TIDBITS

UNCLAS SECTION 01 OF 02 ABUJA 001626 SIPDIS SENSITIVE SIPDIS STATE FOR AF/W, INR/AA E.O. 12958: N/A TAGS: PGOV PHUM KDEM KISL KJUS NI SUBJECT: JULY 2007: NORTHERN NIGERIA POLITICAL TIDBITS REF: A. ABUJA 1440 ¶B. 06 ABUJA 2135 ABUJA 00001626 001.2 OF 002 THIS CABLE IS SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION. ¶1. (U) This cable is a roundup of recent political developments across northern Nigeria. -------------- GUBERNATORIAL ELECTION TRIBUNAL UPDATE -------------- - ¶2. (SBU) As noted in Ref. A, election tribunals across the country have gotten off to a rocky start. Substantive trials have yet to begin in most cases. One trend emerging is for aggrieved candidates to relinquish redress through the tribunal process in exchange for state cabinet-level appointments in newly formed "unity government" coalitions. Following is a summary of election tribunal developments in the North. ¶3. (U) BORNO STATE: On July 23, Justice Reuben Nwajiobi struck out the petition filed by AC gubernatorial aspirant Mohammed Kumalia, claiming that the petition had been filed after the deadline. (NOTE: The 2006 Electoral Act states that an election petition must be presented within thirty days from the announcement of election results, however, the Act does not qualify whether these days may be calendar or business days. END NOTE.) Kumalia's legal counsel sent a protest letter to the President of the federal Court of Appeal decrying the Borno tribunal as compromised and claiming that the tribunal's justices were being granted "special favors" from the Borno state government. Kumalia filed an appeal of the tribunal's ruling at the federal Court of Appeal on July 27. Also in Borno state, PDP gubernatorial candidate Kashim Imam withdrew his petition challenging Governor Ali Modu Sheriff (ANPP). ¶4. (U) PLATEAU STATE: On July 24, the pre-hearing phase of Pam Gyang's (AC) petition challenging Governor Jonah Jang (PDP) was adjourned after 10 minutes. When the pre-hearing resumes on August 7, the tribunal will entertain the PDP's preliminary objections to the petition, including its contention that the tribunal lacks jurisdiction to hear the petition as it was filed after the deadline. ¶5. (SBU) KATSINA STATE: The State Election Tribunal on July 24 dismissed the suit against Governor Ibrahim Shema (PDP) filed by Mohammed Nur Khalil (ANPP). The tribunal ruled that Khalil had no legal capacity (locus standi) to institute the case since his name never appeared on the April 14 ballots. Although Khalil secured the ANPP nomination during the party's December primaries, Abu Ibrahim replaced Khalil as the ANPP's gubernatorial choice just ahead of elections ) reportedly due to Khalil's falling out with ANPP leadership, including Buhari. ¶6. (U) KOGI STATE: The State Election Tribunal has fixed August 13 to begin hearing the case brought by ANPP gubernatorial candidate Prince Abubakar Audu. ¶7. (U) ZAMFARA STATE: On July 17, the State Election Tribunal dismissed the petition of gubernatorial candidate Lawali Shu'aibi (DPP) on grounds that his case lacked merit; Shu'aibi filed for appeal on July 23. The Zamfara tribunal began hearing preliminary arguments from gubernatorial candidate Yahaya Adbulkarim (PDP) on July 23. ¶8. (U) GOMBE STATE: DPP gubernatorial aspirant Abubakar Hashidu's petition before the State Election Tribunal challenging Governor Danjuma Goje (PDP) commenced the pre-trial hearing on July 16. ¶9. (SBU) YOBE STATE: On July 26, the State Election Tribunal jettisoned petitions filed by gubernatorial hopefuls Usman Albishir (ANPP) and Adamu Maina Waziri (PDP). The tribunal ruled that neither Albishir nor Waziri possessed the legal capacity to challenge the election of Governor Mamman Ali (ANPP). Albishir's challenge to Governor Ali, a member of his own party, emanates from Albishir's falling out with ANPP ABUJA 00001626 002.2 OF 002 leaders in the run up to April 14. -------------- -------------- KANO HISBAH TO ENFORCE SHARIA IN CHRISTIAN AREAS -------------- -------------- ¶10. (U) BBC News and Nigerian press on July 24 reported that the Kano hisbah authority (commonly known as the Sharia police) will begin strict enforcement of Sharia in the Sabon Gari area of Kano metropolis. This Day claims that the hisbah has destroyed 6,000 cartons of beer smuggled into the state and will commence raids at some "pleasure spots" and close all beer parlors, chalets, and night clubs in Sabon Gari. ¶11. (SBU) In discussions with PolOff on July 26 Muzzamil Sani Hanga, member of the Kano Sharia Implementation Council, dismissed the stories as "factually inaccurate and sensationalized," contending that the mandate of the hisbah does not encompass enforcement of Sharia except in civic matters (Ref. B) and only in Muslim areas. Hanga stated that the story is a "big misunderstanding" contrived by "over-zealous" correspondents who have exaggerated statements posted to the Internet made by the Director of the Kano Hisbah Board. The statements, Hanga insists, were meant to elucidate the functions of the hisbah - a cadre of young, educated (secondary school certificate at minimum) males who serve as traffic wardens, regulate commercial activity in the marketplace, resolve disputes through "people's courts", and visit the infirmed in hospitals. ¶12. (U) In 2000, Kano joined Zamfara state in criminalizing the consumption and possession of alcohol. Three years later, Kano State government enacted into law the creation of the Kano Hisbah Board, whose principal function was to enforce aspects of the Sharia in society. The Government of Nigeria (GON) proscribed the establishment of the hisbah in 2003, alleging that Kano State government was attempting to create a parallel security force and accusing the hisbah of receiving funding and terrorist training from foreign governments. In February 2006, the Kano State government challenged the GON's hisbah ban before the Nigerian Supreme Court, which struck out the case in March 2007. ¶13. (SBU) COMMENT: Rumors and sensationalized news are commonplace in Nigeria. Post has been unable to independently confirm reports of the hisbah targeting "pleasure spots" in Sabon Gari ("New Settlement"),which in fact is populated by non-indigene Muslims and non-Muslims including Lebanese, Sudanese, Libyans, and Indians and contacts in the area confirm that bars and restaurants that serve alcohol remain operational. ¶14. (SBU) COMMENT CONT'D: The introduction of the hisbah throughout the North sparked controversy at the federal level in Nigeria and among diverse sectors of Nigerian society, many of whom feared the hisbah would restrict religious freedoms. In the North, the establishment of the hisbah was heralded as a tangible step towards bringing society back in line with Islamic values. The enforcement of Sharia has been criticized for targeting the indigent and downtrodden, while ignoring the wealthy and powerful. To be sure, as a commercial center Kano cannot survive without its many Yoruba, Igbo, and other Christian businessmen. Cognizant of the tense, at times hostile, state of Christian-Muslim relations as well as the history of inter-communal violence in Kano, the state government has made several overtures over the past few years indicating its commitment to reconciliation with and not to alienation of the sizeable, economically-powerful Christian segment of Kano society. END COMMENT. GRIBBIN