NIGERIA: COUNTERTERRORISM WORKING GROUP & PROSPECT

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 002619

SIPDIS

SIPDIS

DOE FOR CAROLYN GAY

E.O. 12958: DECL: 11/27/2017
TAGS: PTER PGOV NI
SUBJECT: NIGERIA: COUNTERTERRORISM WORKING GROUP & PROSPECT
FOR CT BILL IN 2008

Classified By: Acting Political Counselor Heather Merritt for reasons 1
.4. (b & d).


1. (C) SUMMARY: American, British, Canadian and Australian
political officers in Abuja have formed a counterterrorism
(CT) working group to press the GON to pass CT legislation in

2008. Nigerian leaders have expressed interest in
resubmitting CT legislation, perhaps based on a Commonwealth
model CT bill. Passage hinges on support from northern
senators who must perceive the bill as even handed and not
directed at Muslims. Concurrent submission of the United
Nations Conventions on Terrorism for ratification could
deflect criticisms that the legislation is either anti-Muslim
and/or U.S. driven. END SUMMARY.


2. (C) On December 18, POL Counselor, PolOff and INL Off met
with PolOffs from the British, Canadian, and Australian High
Commissions to establish an informal counterterrorism (CT)
working group as an offshoot of the larger G8
Counter-Terrorism Action Group (CTAG). The British and
Canadians suggested forming the subgroup due to concerns that
the Japanese, whose turn it is to chair the G8 and hence
CTAG, were neither focused on nor proactive with regards to
terrorism. It was decided that a smaller group of concerned
and like-minded missions might be better able to coordinate
efforts to press the Government of Nigeria to pass
counterterrorism legislation.


3. (C) Embassy PolOff told the group that Nigerian Deputy
Senate Majority Leader Victor Ndoma-Egba (PDP, Cross River)
recently told him that it was time to reintroduce and pass
terrorism specific legislation. PolOff also recounted to the
group a discussion he had with Ben Ndi Obi, a former Senator
and the running mate of Atiku Abubakar on the Action Congress
ticket in the 2007 presidential race. Obi introduced the
2005 terrorism bill in the National Assembly, but he told
Poloff that, as the primary sponsor, he had withdrawn the
legislation the day of its second reading in the Senate,
because he had learned of the concerted opposition of a group
of northern senators who felt the bill was anti-Muslim and
vowed to defeat it. Senator Obi decided that it was better
to withdraw the bill and reconsider it at a later date than
to have it be voted down in the Assembly. According to Obi,
the key to passing CT legislation will be to convince at
least one northern senator that the bill is not anti-Muslim,
and ask that senator to bring other northerners on board.
Obi was critical of the current crop of northern senators and
could not immediately suggest any that would be open to
supporting CT legislation. Nevertheless, Obi was happy to
learn that his legislation (apparently the original bill bore
his name, or at least was referred to by most as "his" bill)
might soon gain a new lease on life. He also expressed a
willingness to lobby behind the scenes for its passage,
particularly with select northern senators.


4. (C) Embassy PolCouns noted the existence of model CT
legislation that was circulated in 2003 by the Commonwealth,
based on Australian law, as well as its greater suitability
to the Nigerian legal system. Canadian PolOff undertook to
get a copy of the Commonwealth model bill and to approach the
French about joining the CT working group. In addition, it
was resolved that the British PolOff would approach the Dutch
and Germans about participating in future CT working group
sessions.


5. (C) COMMENT: Both the leadership in the National Assembly
and the Yar'Adua Administration seem to realize the necessity
of passing counterterrorism legislation, though they
recognize that challenging regional politics are involved.
Subsequent to the meeting, the Nigerian Attorney General told
the British PolOff that he intended to reintroduce the CT
legislation "soon." Post believes that we must tread
cautiously when discussing CT legislation with the GON, as
bills which could be branded by opponents as "American" or
spun as "foisted on the GON by the USG" are not likely to
pass. Our proposed way forward is to discreetly encourage
leaders in the National Assembly to reconsider and pass the
2005 terrorism bill, or a version of the Commonwealth model
bill. We will also raise with the working group other
approaches on this issue, such as connecting it to President
Yar'Adua's overall focus on peace and security, as
highlighted in his Seven Point Plan. In addition, we will

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urge the Assembly to concurrently ratify the United Nations
Terrorism Conventions, particularly the March 10, 1988
"Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation" and the "Protocol for the
Suppression of Unlawful Acts Against the Safety of Fixed
Platforms Located on the Continental Shelf," as a way to
affirm the President's and the Assembly's commitment to the
rule of law throughout the country. Addressing attacks
against oil platforms and ships in the Delta at the same time
and on an equal basis as any potential extremism in the north
may help mitigate the regional and religious suspicions which
doomed the previous terrorism legislation to failure. END
COMMENT.
SANDERS