C O N F I D E N T I A L ABUJA 002578

SIPDIS

SIPDIS

DEPT FOR AF/W, INR/AA
ENERGY FOR CAROLYN GAY

E.O. 12958: DECL: 12/14/2017
TAGS: PREL PBTS NI CM
SUBJECT: NIGERIAN PRESIDENT SENDS GREENTREE AGREEMENT TO
SENATE AMIDST ALLEGATIONS OF MISSING FUNDS

REF: ABUJA 2513

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


1. (C) SUMMARY: Nigerian President Yar'Adua has sent the
Greentree Agreement to the Senate for ratification, while
allegations have arisen that $40 million allocated to
resettle Bakassi residents has disappeared. Deputy Senate
Leader Victor Ndoma-Egba, who represents Cross Rivers State
(where Bakassi residents are located) is confident Greentree
will be ratified, though he suggested an investigation may be
forthcoming into the missing money. END SUMMARY.


2. (U) Nigerian President Yar'Adua has sent the Greentree
Agreement entered into by former President Obasanjo and
Cameroonian President Paul Biya to the Senate for
ratification. In a December 7 letter to the Senate, Yar'Adua
wrote: "You may kindly note that, having subscribed to the
jurisdiction of the International Court of Justice (ICJ),
Nigeria became bound to respect its judgment of 10th October
2002, which confers the sovereignty of Cameroon over the
Bakassi Peninsula. ... Similarly, recall that in furtherance
of that, and as a responsible member of the comity of nations
as directed by the International Law and procedure, Nigeria
entered into the Greentree Agreement with Cameroon on the
modalities of implementation of that judgment." Yar'Adua
further noted that it was actually a resubmission, per the
Nigerian Constitution, as the immediate past National
Assembly had not managed to ratify it.


3. (C) Deputy Senate Leader Victor Ndoma-Egba (PDP - Cross
Rivers) assured PolOff in a December 14 meeting that he
recognized Nigeria's responsibility to the international
community in accepting and complying with the ICJ decision.
Senator Ndoma-Egba stated that he was "fully confident" that
the Greentree Agreement will be ratified by the Senate, but
that nevertheless, they planned to hold public hearings on it
to respect due process. He also suggested the Senate would
investigate the alleged disappearance of $40 million funds
designated to resettle the people of Bakassi.


4. (C) Separately, well-known political dissident Tony Nyiam
alleged that $40 million earmarked for the relocation of
Bakassi residents had disappeared. He asked the Economic and
Financial Crimes Commission (EFCC) to investigate.


5. (C) COMMENT: Notwithstanding the debate over whether
Greentree is really a treaty or simply an executive agreement
to comply with the ICJ ruling, Yar'Adua's sending it to the
Senate for ratification reaffirms, to the public and the
National Assembly, his respect for the rule of law. It is
likely that assurances of ratification were given in advance
so as to make sure the President will not be embarrassed by
this move. Senator Ndoma-Egba's confidence in its passage is
welcome news, though not completely surprising. Senate
President David Mark owes his position to Obasanjo, and would
be loathe to embarrass his primary political backer who
signed Greentree. As for the missing $40 million, it remains
to be seen if GON will follow through on its anti-corruption
promises and fully investigate the matter. END COMMENT.
SANDERS