WAZIRI RESPONDS TO DEMARCHE ON GON BACKSLIDING

C O N F I D E N T I A L SECTION 01 OF 04 ABUJA 001665

SIPDIS

STATE FOR AF/W, INR/AA
DOE FOR GEORGE PERSON

E.O. 12958: DECL: 08/21/2018
TAGS: PGOV PREL KCOR KCRM NI
SUBJECT: WAZIRI RESPONDS TO DEMARCHE ON GON BACKSLIDING

REF: A. ABUJA 1574

B. STATE 84635

C. ABUJA 1465

D. ABUJA 1356

E. ABUJA 1331

Classified By: Acting DCM Walter Pflaumer for reasons 1.4. (b & d).


1. (C) Summary. Embassy received a written response from
Economic and Financial Crimes Commission (EFCC) Chairwoman
Farida Waziri to Ref B demarche, which was delivered on
August 8 (Ref A). Post found two of Waziri's claims
particularly questionable: a professed ignorance of corrupt
formern officials with considerable influence in the GON and
the claim that only ten officers were redeployed. It is hard
to believe Waziri (or any other GON official) could be
unaware of the identity of corrupt former officials with
influence in the current administration (such as former
governors Ibori and Odili, to name but two); and we can
disprove her claim of only ten redeployed officers, since we
know of two specific officers included in the July 4
redeployment who are not on Waziri's list (although we note
that the two we have specifically brought up with her
previously do appear on her list). Waziri's letter may be
more for Yar'Adua's consumption than ours, perhaps an attempt
by some of those around him to suggest that we are
over-reacting to what is happening at the EFCC, and that he
should therefore push back. Alternatively, others think
Yar'Adua is perfectly aware of what is happening to the
Commission, and supports it, whatever line he may take with
us. End Summary.


2. (C) The GON responded in record time to the demarche we
presented on Friday, August 8 with a letter from EFCC
Chairwoman Farida Waziri dated Monday, August 11 (though it
did not reach us until August 18.) The letter, addressed to
the Ambassador, alludes to the cooperative relationship
between Waziri and the Ambassador and expresses "shock and
surprise" at the August 8 demarche. Waziri specifically
addresses the stated concerns that certain corrupt former
officials continue to have considerable influence within the
GON and that the July 4 reployments have significantly
weakened institutional capacity. Full text of the letter is
provided in Para 8.

WHAT FORMER CORRUPT OFFICIALS?
--------------

3. (C) In internal paragraph 6 of her letter, Waziri
professes ignorance of the identity of corrupt former
governors and other officials who retain considerable
influence within the GON. She specifically asks the Embassy
to provide her with "the facts of the nature of this
influence and who, particularly ... ." We find this claim
truly remarkable. It is not credible for Waziri to be
ignorant of the influence of individuals such as former Delta
Governor James Ibori, former Rivers Governor Peter Odili and
others (as is regularly reported in Nigerian press),or to be
unaware as Chairwoman of the EFCC of the numerous and serious
charges of corruption against them. The CDA specifically
mentioned the recent appointment of Ibori's former
Commissioner of Finance, David Edevbie, as Principal
Secretary to the President in her meetings with Secretary to
the Federal Government Kingibe, Foreign Minister Maduekwe and
Attorney General Aondoakaa while delivering the same
demarche. We did not specifically mention Edevbie to Waziri,
but given the press coverage on Edevbie, and that Waziri told
us she had been briefed by AG Aondoakaa on our demarche to
him, it is hard to believe she could be unaware of our
concerns regarding the appointment, and the appearance of
Ibori's influence in it.

DOWNPLAYING THE REDEPLOYMENT
--------------

4. (C) In internal paragraphs 8-12, Waziri responds to our
assertion that the redeployments carried out on July 4
threaten the EFCC's insitutional integrity. In her response,
she claims that only ten officers (other than Mobile Police
who carry out physical security for the Commission) were
redeployed and she supplies the names of those ten. Among

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the ten named are the two about whom we have specifically
voiced concern previously -- Ibrahim Magu and Yahaya Bello.
We recall, however, that, in her July 21 conversation with
the Ambassador, Waziri did not dispute our assertion of 40-60
redeployed, but merely maintained that these transfers were
necessary due to leaks and incompetence (Ref. C).


5. (C) Multiple trusted sources within the EFCC have told
Poloff the actual number of operational officers redeployed
is in the range of 40-60 (Ref. E). In addition, post is
aware of two officers (former Head of the Banking and Fraud
Unit Muhammed Wakili and former Press Spokesman Osita Nwajah)
who were redeployed on July 4 who do not appear on Waziri's
list. Former Chief of External Cooperation and current Chief
of Procurement Ibrahim Mohammed (strictly protect) told
Poloff on July 10 that both Wakili and Nwajah were redeployed
to rural areas where they report to officers lower in rank.

COMMENT: PUTTING A SPIN ON THE USG DEMARCHE
--------------

6. (C) The August 8 demarche clearly got the attention of the
GON, and we continue to believe Waziri and FonMin Maduekwe
took our points very personally. On August 14, MFA Director
for North and Central America Charles Onianwa (strictly
protect) told Poloff that Maduekwe is considering asking for
an apology, claiming he was not aware of USG concerns about
the EFCC. The Ambassador has, of course, repeatedly
expressed to Maduekwe the concerns of both the USG and the
international community over Waziri's appointment and the
July 4 redeployments, including quite specifically in their
July 11 meeting (Ref D).


7. (C) Yar'Adua's own role in all this remains unclear.
Waziri's letter may be the outward reflection of an attempt
by those around the President (including Aondoakaa and
Maduekwe) to "spin" our demarche internally, and convince
Yar'Adua that we simply have our facts wrong, and that he
should push back. Others believe the President is not nearly
so out of touch as he is sometimes portrayed, knows what is
happening at the EFCC (and supports it),is reasonably aware
of how his close relations with the likes of Ibori and
Edevbie are perceived, but has nonetheless decided that they
are the people he wants around him. Either way, Waziri comes
off as a minor tool. End comment.


8. (SBU) BEGIN TEXT OF LETTER.

EFCC/SC/EHC/018-040

August 11, 2008

The Ambassador
Embassy of the United States
1075 Diplomatic Drive
Central Business District
Abuja

Your Excellency,
US-NIGERIA RELATIONSHIP

RE: SUPPORT TO THE ECONOMIC AND FINANCIAL CRIMES COMMISSION,
EFCC

You would please recall your recent visits to my office
wherein we exchanged ideas on how to enhance and strengthen
our on-going cooperation in the fight against economic crime.


2. On both occasions, you pledged the continuous support of
your government and embassy to the activities of the EFCC.


3. On my part, I assured you that the work of the Commission
would be re-invigorated, joint operations in on-going cases
stepped up and that Politically Exposed Persons (PEPs) who
have abused their offices would be brought to justice within
the principle of the Rule of Law.


4. I was therefore not only shocked and surprised but felt
personally embarrassed when I received an unsigned and
undated document from your official, Cheryl Fernandes, First

ABUJA 00001665 003 OF 004


Secretary of the Economic Section of your Embassy in Abuja,
on Friday, August 08, 2008, raising concerns which are not
borne out of facts.


5. Within less than two months of my assumption of office as
Chairman of the EFCC, at least five (5) high profile cases
involving Politically Exposed Person (PEPs) have been charged
to Court and this included two (2) former Ministers, two (2)
former Governors and a former Chairman of a first class
parastatal. All these cases are on-going in the courts. It is
therefore surprising for the US Embassy to allege that "other
than one recent arrest, we have not seen any progress on EFCC
prosecutions of over a dozen former Governors and senior
officials, some of whom seem to retain sizeable Government of
Nigeria influences."


6. I do not know the nature of progress on the prosecution of
EFCC cases expected by the Embassy and the cases for which
insufficient evidence has been pleaded and by whom. I do not
also know of those former Governors and senior officials who
"retain sizeable Government of Nigeria influences." Because
this information is available to the Embassy, I will
appreciate the facts of the nature of this influence and on
who, particularly as it affects the work of the EFCC.


7. The document went so far as to question the integrity and
credibility of the Government of Nigeria ostensibly on the
alleged sizeable influence of the former Governors, on the
Government of Nigeria. To say the least, this is indeed
regrettable and runs contrary to the on-going talks between
the two countries to enhance their existing cooperation in
several matters.


8. The document also alleges massive redeployment of staff of
the Commission, leaving "a shell of inexperienced
replacements at best in most areas, wasting considerable
United States Government and international training,
threatening the EFCC's institutional integrity, and
jeopardizing cooperation efforts." This is perhaps one
allegation that is not only grossly unfounded but rooted in
what seems fixated opinion of the Embassy which has of recent
become common place.


9. In the first place, there has been no "massive
redeployment of staff of the Commission." The Commission has
up till now redeployed 10 officers back to the Nigeria Police
Force one of who is a transport officer. These officers are:

1. MAGU, Ibrahim (CSP)

2. CIROMA, Bala (CSP)

3. MOHAMMED, Bunu (CSP)

4. ATfEH, Seidu K. (SP)

5. CHEMMY, Panda (SP)

6. EMEKA, Nwonyi (SP)

7. DANJUMA, Mohammed (DSP)

8. MADAKI, Abubakar (DSP)

9. MOHAMMED, Yerima (DSP)

10. BELLO, Yahaya (DSP)


10. Out of the above number, those who have benefited from
any kind of training sponsored by the US Embassy are:

1. MAGU, Ibrahim (CSP)

2. ATTEH, Seidu K. (SP)

3. DANJUMA, Mohammed (DSP)

4. MOHAMMED, Bunu (CSP)

5. CHEMMY, Panda (SP)


11. All the other officers are still in the EFCC, performing
investigative duties. The only other redeployments which are
considerable in number are men of the Mobile Police Force
whose duties are only confined to providing physical security
during operations and providing further general security to
the Commission. These are not investigators and have not
received any training from the US Embassy.


12. It is therefore not correct to say that the Commission is
now made up of "inexperienced officers." I would appreciate
information on the cases that suffered on account of
inexperience of investigators. Even if the allegations were
to be true, how does redeployment of staff affect an

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"institution's integrity?" On the other hand, is it now
contended that the redeployed officers are so indispensable
to the EFCC that the anti-corruption fight would be shut down
in their absence? These insinuations are so unfair to the
Commission.


13. I, indeed feel greatly worried that internal matters of
management of the Commission are now increasingly
unnecessarily occupying the attention of the Embassy and have
unjustifiably been used as arguments to review relationship
with the Commission or provide her (it) with technical
assistance. I want to assure that whatever changes that have
been effected are for the good and sustainable building of
the Commission. The present leadership of the EFCC remains
positively focused to attain its core objectives.


14. While the US government reserves the right to decide on
who to support and cooperate with, we would appreciate it if
the Embassy does not use the bait of the changes in the EFCC
as a basis of its relationship with Nigeria.


15. Please accept the assurances of my high regards and
esteem.

(Signature)
CHIEF (MRS.) FARIDA WAZIRI, AIG (RTD)
Executive Chairman

END TEXT OF LETTER.
PIASCIK