SUPREME COURT'S MOOD COLORED BY ELECTIONS AND

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000841

SIPDIS

SIPDIS

DOE FOR CAROLYN GAY

E.O. 12958: DECL: 04/29/2017
TAGS: PGOV KDEM NI ELECTIONS
SUBJECT: SUPREME COURT'S MOOD COLORED BY ELECTIONS AND
BRIBERY ATTEMPTS

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Classified By: Ambassador John Campbell for reasons 1.4 (b) & (d).


1. (C) SUMMARY: In upcoming weeks, the mood of the Supreme
Court may well be an important factor in determining how many
of the recently concluded "elections" stand. In the past
three weeks its rulings on the myriad lawsuits brought by
President Obasanjo and Vice President Atiku in their
political battle provide a glimpse of its approach and mood.
Court thinking may be colored by the unsuccessful attempts to
influence the current Chief Justice of the Supreme Court
Idris Kutigi through bribery. While this glimpse is not
intended accurately to predict outcomes of elections
tribunals, it might indicate that the judiciary will show
greater independence than after the elections of 2003. END
SUMMARY.


2. (C) In the upcoming weeks, the mood of the Supreme Court
may well be an important factor in determining how many of
the recently concluded "elections" stand. In the past three
weeks, court rulings on the myriad lawsuits brought by
President Obasanjo and Vice President Atiku over the
political battle between the two top elected leaders may
provide an indication of its future direction. In the two
biggest cases, one determining whether the National Electoral
Commission (INEC) had the right to disqualify candidates, and
the second on the validity of the hastily convened
Administrative Panel to indict Atiku, the court came out
against the use of the Presidency's powers to manipulate the
electoral environment. And Chief Justice Kutigi, in
establishing the elections tribunals several weeks ago,
stressed to the judges selected for the panels the importance
of dealing with cases quickly. He also warned the electoral
tribunal judges against being influenced by bribery and
political pressure, stating that those who succumbed could be
dealt with through the National Judicial Council, and those
found wanting could be removed from their positions.


3. (C) Kutigi appears to be reacting strongly to several
credibly reported attempts to sideline him or to co-opt him
for political purposes. A member of the Chief Justice's
staff told PolCouns that the Presidency had attempted to
bribe Kutigi twice before the elections. In the first case,
the President personally contacted Kutigi to offer Kutigi's
son an appointment as a Federal judge. Kutigi is said to
have demurred, saying that he wanted nothing that might be
seen as favoritism and was concerned that his son should be
appointed in the future on his own merits. Nevertheless,
Kutigi's son was nominated.


4. (C) According to the same source, the second attempt
came when the President's former special adviser and current
Governor-elect for Anambra state, Andy Uba, visited Kutigi's
office on April 10 accompanied by Anambra businessman Emeka
Offor. The aide says the two offered Kutigi 200 million
Naira (about $1.6 million) to drop the suit by Atiku and
leave him off the ballot. Kutigi, according to the aide
"reacted strongly" to the offer and escorted them out of his
office. The next day, President Obasanjo declared a two-day
holiday ahead of the April 14 elections, delaying the
decision in the Atiku suit until the following week.


5. (C) A third attempt reportedly took place on April 24,
when Kutigi was summoned to meet the Etsu Nupe, the paramount
traditional ruler from his home state. According to a member
of the Nupe council of chiefs, the Etsu Nupe offered Kutigi
400 million Naira (about $3.2 million) from "the Presidency"
in exchange for "control" over which specific cases the
elections tribunals would overturn results. According to the
source, Kutigi was livid. He told the Etsu that he had no
desire to explain to his family "where this kind of money
comes from" and pointed out that, at his age, he would be
"meeting the angels" to answer for his life very soon. "And
they will not be asking me for Naira," he is said to have
concluded. When the Etsu discussed the situation with his
council, several of them reportedly berated the Etsu for
"even suggesting" that Kutigi could be bribed and advised him
to return the cash to its source as soon as possible.


6. (C) On April 26, rumors began circulating that Kutigi's
official vehicle had come under attack in Abuja by "unknown

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gunmen." Reportedly, shots were fired at the Chief Justice's
car and he was whisked to safety by his security aide. Post
has been unable to confirm this rumor, but it is widely
believed by Nigerians to be true.


7. (C) On the same evening, PolCouns overheard phone calls
from three Supreme Court Justices, including the Chief
Justice, to members of ANPP Presidential candidate Muhammadu
Buhari's entourage. Two of them were expressing sympathy
with Buhari over the elections and assuring him of the
judiciary's impartiality. The third call - a Justice from
the Southwest - also encouraged Buhari personally to forge
ahead with the elections tribunals because, in the words of
the Justice, "we are fed up with the pretense of democracy"
pushed by President Obasanjo.


8. (C) COMMENT: While this glimpse is not intended
accurately to predict outcomes of elections tribunals, it is
an indictor of the mood within elements of the Judiciary.
Given the widespread public concerns about the electoral
process, the Judiciary could take a more active role in these
tribunals than it did in 2003. If these indications are
correct, it could signal that the judiciary is prepared to be
more independent that it was after the elections of 2003.
CAMPBELL