ICPC'S ANTI-CORRUPTION BATTLE: OBSTACLES AND

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 002479

SIPDIS

SIPDIS

DOE FOR CAROLYN GAY

E.O. 12958: DECL: 11/27/2017
TAGS: PGOV KDEM KCOR NI
SUBJECT: ICPC'S ANTI-CORRUPTION BATTLE: OBSTACLES AND
OPPORTUNITIES

REF: ABUJA 2082

Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).


1. (C) SUMMARY. Independent Corrupt Practices and Other
Related Offenses Commission (ICPC) Executive Member Uriah
Angulu told PolCouns he believes Yar'Adua is "honest and
sincere" in his fight against corruption. In a recent
meeting with ICPC leadership, Angulu said Yar'Adua ordered
the ICPC to get more serious in fighting corruption,
indicating they should "spare no one," including the
President himself. Despite these positive developments,
however, the ICPC remains limited in its abilities by its own
enabling legislation, reticent courts, an obstructionist
Attorney General, and funding issues. Unless (or until) the
ICPC is successful in lobbying for changes to its enabling
legislation and obtaining sufficient funding, we can expect
the Commission to continue playing a back-seat role to the
other major anticorruption entity, the Economic and Financial
Crimes Commission (EFCC). END SUMMARY.


2. (C) ICPC Executive Member Dr. Uriah Angulu told PolCouns
in a November 29 meeting that he is encouraged by the
commitment of the Yar'Adua administration to fighting
corruption. He admitted he had been frustrated under the
Obasanjo administration and had considered not asking for or
accepting a second appointment to the Commission. Things had
changed significantly, however, with the arrival of the new
Commission Chairman, Justice Emmanuel Ayoola, and then the
inauguration of the Yar'Adua administration. Angulu said
Yar'Adua recently met with ICPC leadership and ordered them
to become more serious in their pursuit of corrupt officials.
No one should be off limits, Yar'Adua told them, even the
President himself. Angulu said the new Chief Justice, Idris
Legbo Kutigi, is also "part of the solution." He believes
Kutigi will take action on ICPC cases which have been pending
since the previous Chief Justice and told PolCouns Kutigi
noted his desire to "deal with erring governors" in his
inaugural speech.


3. (C) Despite these favorable factors, however, Angulu noted
that the ICPC remains limited in its abilities by several
factors. Firstly, the Corrupt Practices and Other Related
Offenses Act of 2000, which established the ICPC, prohibits
the Commission from investigating sitting presidents, vice
presidents, governors and deputy governors. In addition, the
Act does not provide authority for ex parte investigations
(initiated by ICPC). The ICPC appealed to the previous
National Assembly (NASS) to change these sections of the Act
and Angulu said they will continue their appeal to the new
NASS. (NOTE: The House Committee on Legislative Compliance
was due to meet with Angulu and the ICPC Chair just after our
meeting. Angulu noted this is the first time in the history
of the ICPC that a NASS committee or member has requested to
come to ICPC. End Note.)


4. (C) Angulu complained that the courts are also part of the
problem. Endless delays and adjournments mean cases are held
up for extended periods. Angulu told PolCouns the ICPC is
asking for independent judges to be appointed to hear only
corruption cases. Adding to their problems in prosecuting
corruption cases are funding issues. The ICPC must rely on
legal counsel appointed by the Chief Justice to prosecute
their cases; however, until 2007 no money was allocated to
pay for the counsels. In 2007, the funds allocated were
spent to erect buildings to house the counsels, but to date
no counsels have been appointed. Angulu believes they will
be appointed in the next several months -- owing largely to
the positive relationship with the new Chief Justice.

5. (C) Finally, Angulu told PolCouns the relationship with
Attorney General (AG) Michael Aondoakaa has been strained and
that the AG continues to make statements asserting control
over the ICPC. (NOTE: This is the same problem the EFCC has
had with the AG. See reftel. End Note.) Angulu said
despite President Yar'Adua's affirmation of the ICPC and
EFCC's independence, that Aondoakaa continues to try to
meddle in the Commission's affairs. He told PolCouns that
Aondoakaa's law firm previously represented some of the
former governors now being investigated. (COMMENT: We have
heard this from EFCC as well. In particular, Aondoakaa
allegedly represented former Delta Governor James Ibori. END

ABUJA 00002479 002 OF 002


COMMENT.)


6. (C) COMMENT. The ICPC has been criticized for not being
active in investigating corruption and never having
prosecuted a case. Angulu's discussion of the limitations
placed on the ICPC by its enabling Act explains some of this
lack of activity. Unless (or until) there are changes to the
enabling act and sufficient funding is obtained, we can
expect the ICPC to continue to play a back-seat role to the
EFCC, with the EFCC continuing its focus on investigation and
prosecution of cases and the ICPC focusing on public
education and outreach. END COMMENT.
PIASCIK