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 ABUJA 00001665 002 OF 004 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 ABUJA 00001665 004 OF 004 "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