NIGERIA: DISSENTING SENATOR ON PTDF, ELECTIONS

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000518

SIPDIS

SIPDIS

DOE FOR CAROLYN GAY

E.O. 12958: DECL: 03/15/2017
TAGS: PGOV KCOR NI ELECTIONS
SUBJECT: NIGERIA: DISSENTING SENATOR ON PTDF, ELECTIONS

REF: A. ABUJA 449

B. ABUJA 417

C. ABUJA 402

D. ABUJA 322

E. ABUJA 321 06 ABUJA 2773

ABUJA 00000518 001.2 OF 002


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


1. (C) SUMMARY. Senator Titus Olupitan, author of the
dissenting Senate report on PTDF activities, says he expects
the Review Committee charged with completing the PTDF
investigation and addressing unanswered questions will not
fulfill its mandate. He held out hope that failure by the
Review Committee would lead the Senate to request a judicial
investigation, indicating only the judiciary is capable of
being independent and unbiased. Olupitan said the Senate
will not pursue impeachment of the President and Vice
President as it is not possible to finish proceedings before
the April elections. He did not, however, rule out the
possibility of impeachment should elections not occur in
April and the administration's tenure be extended. He
expressed concern that election preparations are being
programmed to fail in order to substantiate the need for
postponement. END SUMMARY.


2. (C) Senator Titus Olupitan (AD, Ondo State) told Poloff
and PolAssist in a March 13 meeting that the Senate is
incapable of conducting an independent and unbiased
investigation into the use of PTDF funds. Olupitan was the
author of the dissenting report submitted to the Senate along
with the ad-hoc committee report on March 1 (Ref. A).
Olupitan says the ad-hoc committee had no intention of
conducting a thorough investigation and that key questions he
outlined in his dissenting report were entirely ignored in
the investigation. Olupitan and Senator Rufai Hanga (ANPP,
Kano State) were the only two non-PDP party members on the
thirteen member committee. Olupitan alleged that Committee
Chairman Victor Ndoma-Egba (PDP, Cross River State) overrode
all attempts to investigate purported misconduct by President
Obasanjo. As well, Olupitan complained that his request to
invite the President, certain Ministers, and PDP leaders to
testify before the committee was overridden. Olupitan told
Poloff the ad-hoc committee met only five times over more
than five months (each time for 30-45 minutes).


3. (C) Olupitan alledged that the Office of the President is
the most corrupt institution in Nigeria. According to
Olupitan, no one in the National Assembly has the nerve to
ask difficult questions related to Presidential malfeasance.
In particular, he highlighted a May 2006 request by Obasanjo
that the National Assembly allocate 1 billion Naira for a
national conference to discuss the future of Nigeria. The
National Assembly refused, but the conference was held.
(COMMENT: The national conference was widely viewed as a
venue for the Executive to advance the third term agenda.
END COMMENT.) Olupitan claims the funding came from the
PTDF. In total, Olupitan maintains more than 30 billion
Naira from the PTDF was used to fund the third-term campaign.


4. (C) Olupitan believes the judiciary is the most
independent of the government branches and that only a
judicial committee could conduct an unbiased investigation
into the PTDF. Olupitan expressed hope that a failure by the
Review Committee (of which he feels confident) may provide
the impetus for the Senate to request an independent judicial
panel be formed to look into the PTDF activities. (NOTE: On
March 13, the Review Committee requested a one week extension
to submit its report. Olupitan alleges that the Review
Committee met for the first time the morning of March 13, the
day it was tasked to submit its final report. END NOTE.)


5. (C) Olupitan alledges Obasanjo continues to pursue an
elongation of his tenure. He told Poloff and PolAssist that
President Obasanjo is establishing a committee (to include
Obasanjo, the Attorney General, the Chief Justice, and INEC
Chairman Iwu) to look into postponing the elections.
Olupitan cautioned that including the Chief Justice in any
such committee compromises the impartiality of the judiciary.
He said he is encouraged by recent court rulings involving
the eligibility of candidates, but frustrated that the

ABUJA 00000518 002.2 OF 002


Executive simply flaunts the rulings.


6. (C) COMMENT. Olupitan's comments regarding impeachment
are in line with what we are hearing from others. He said
what we had surmised -- that the PTDF affair is being kept
open in case the Administration's tenure is extended, in
which case there may be moves to impeach both the President
and Vice President. Despite being painted by PDP members of
the ad hoc committee as a rabid Atiku-supporter, Olupitan
came across to us as fairly balanced in his questioning of
the actions of both Atiku and Obasanjo. It is interesting to
note that Olupitan feels no one (himself included) in the
Senate is capable of pushing for answers. He told us he has
not experienced any harassment or other repurcussions from
his dissenting report, but that many of his colleagues and
friends have warned him to be careful. END COMMENT.
FUREY