NIGERIA'S EDO STATE RIVEN OVER TRIBUNALS, LG ELECTIONS

UNCLAS LAGOS 000685 SIPDIS SENSITIVE BUT UNCLASSIFIED, SIPDIS STATE FOR AF/W STATE FOR INR/AA DOE FOR CAROLYN GAY E.O. 12958: N/A TAGS: PGOV PHUM KDEM NI SUBJECT: NIGERIA'S EDO STATE RIVEN OVER TRIBUNALS, LG ELECTIONS REF A: LAGOS 629 REF B: LAGOS 601 ¶1. (U) Summary: The Edo State Election Petition Tribunal has been sitting daily to expedite proceedings, but has no jurisdiction to hear complaints alleging violent intimidation of witnesses. Edo State opposition parties will boycott November local government elections. Sitting Governor Osunbor's five month tenure has been filled with empty promises. End Summary. -------------- Tribunal Sits Daily to Expedite Proceedings -------------- ¶2. (U) On October 3, Poloff and Polspecialist observed proceedings at the Edo State Election Petition Tribunal in Benin City. The tribunal, which has been sitting daily in its bid to accelerate the proceedings, ruled on several motions and heard complaints regarding the harassment and intimidation of several witnesses. Niyi Akintola, attorney to Action Congress (AC) candidate Adams Oshiomhole alleged that thugs loyal to Governor Oserheimen Osunbor had burned down a property belonging to an Oshiomhole witness only a day before the witness was due to testify before the Tribunal. The attorney also alleged that local chiefs and politicians in several communities had threatened reprisals against witnesses appearing for Oshiomhole. An attorney for the PDP alleged that police had detained one of his key witnesses on the day the witness was to appear before the Tribunal. The Tribunal called for restraint among the parties to the petition but noted it does not have jurisdiction to entertain complaints involving criminal actions. ¶3. (SBU) AC candidate Adams Oshiomhole told Poloff the Tribunal had rejected all motions brought by sitting People's Democratic Party (PDP) Governor Oserheimen Osunbor and was "proceeding justly." Another AC party interlocutor commented there was no reason "right now" to doubt the Tribunal's integrity. -------------- -- Opposition Continues Protest Against Commission -------------- -- ¶4. (SBU) Representatives of several Edo State opposition parties told Poloffs they will not participate in the November 15 local government elections. In spite of a court ruling declaring the inauguration of a new election commission unconstitutional (Ref A), Governor Osunbor continues to fund the commission. An AC lawyer told Poloffs his party will not participate in any election organized by the new commission because to do so would amount to support for an illegal entity. The Edo State PDP Chairman told Poloffs the election will be held according to the time table published by the new commission for the election. -------------- Osunbor Has Failed to Fulfill Promises -------------- ¶5. (SBU) In separate meetings, National Conscience Party (NCP) representatives and the Chairman of the Nigerian Union of Journalists (NUJ) told Poloffs that Governor Osunbor's five months in office have been characterized by empty promises. Public service is "dismal" and no significant improvement in infrastructure or medical care has been made. Our interlocutors suggested Osunbor would perform as incompetently and corruptly as did former Governor Lucky Igbinedion. However, one interlocutor said he saw from personal experience that Osunbor's advisors were partly to blame; he said they are either incompetent or unwilling to identify problem areas and suggest solutions to the Governor. ¶6. (SBU) Comment: The Election Tribunal has thus far rejected PDP motions and objections, which are widely seen as delaying tactics, in favor of Oshiomhole's position, and appears to be rendering impartial judgments. Poloffs observed throughout the trip that support for Oshiomhole in Benin City remained strong. Nonetheless, it remains to be seen how great an influence witness intimidation and attempts to influence the judges, alluded to by one interlocutor, will have on the ultimate decision. End Comment. HUTCHINSON