FRAUDSTERS IN THE NIGERIAN NASS? YAR,ADUA SUPPORTS

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000182

SIPDIS

SIPDIS

DOE FOR CAROLYN GAY

E.O. 12958: DECL: 01/27/2018
TAGS: PGOV PREL KCOR KCRM NI
SUBJECT: FRAUDSTERS IN THE NIGERIAN NASS? YAR,ADUA SUPPORTS
REVOCATION OF IMMUNITY

REF: 07 ABUJA 2231

Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).


1. (C) SUMMARY: Senator Nuhu Aliyu, Chair of the Committee on
Security & Intelligence and retired Deputy Inspector General
of Police, sent shock waves through the National Assembly
(NASS) and country during a debate on the direction and tempo
of the GON's war on corruption. Senator Aliyu threatened to
name current NASS members whom he investigated for fraud
while in charge of the Criminal Investigations Department.
He was stopped by Senate President David Mark, who referred
the matter to committee. Speaker of the House Bankole has
also referred the matter to the House Ethics Committee, and
invited Aliyu to substantiate his allegations. Several
prominent Nigerians have publicly backed Aliyu and his course
of action. Given his former position, Aliyu probably has
evidence to back up his assertions and can presumably count
on a fair hearing in the House if not in Mark's Senate.
Separately, President Yar'Adua advocated removal of the
Constitutional immunity clause for public officers. END
SUMMARY.


2. (U) Senator Nuhu Aliyu, Chair of the Committee on Security
and Intelligence and a retired Deputy Inspector General of
Police, sent shock waves through the NASS and country
Wednesday during a debate on the direction and tempo of the
Federal Government's and EFCC's war on corruption. Senator
Aliyu threatened to name current members of the National
Assembly whom he had investigated for fraud while he was in
charge of the Criminal Investigations Department. Aliyu
noted that "both Nuhu Ribadu and Ibrahim Lamorde served under
me in the police force. A tree cannot make a forest. So
far, so good for Mr. President (Yar'Adua) for doing a
fantastic job and everybody is proud to be called a senator
under your leadership." However, Aliyu continued, "I want to
say with regrets that in the NASS, we still have 419ers."
(Note: 419 is the section of the criminal code dealing with
Advance Fee Fraud, and has come to be synonymous with fraud
and fraudsters in Nigeria.)


3. (U) Senator Ayogu Eze, Chair of the Committee on Media and
Information, urged the Senate to compel Aliyu to name
specific individuals, then backtracked when Aliyu agreed to
do so. Eze subsequently raised a point of order on the
grounds of breach of privilege. Senate President David Mark
stopped Aliyu from going further by concurring with Eze,s
point of order, and referred the matter to the Senate's
Committee on Ethics, Privileges and Public Petitions.


4. (U) In the House, Speaker Dimeji Bankole while referring
the matter to the House Committee on Ethics and Privileges
commented, "Heads may roll ) this is real and inevitable.
This is serious and we are going to do it and do it in the
public domain." He also invited Senator Aliyu to come before
the House and substantiate his allegations.


5. (U) Several prominent Nigerians have publicly backed
Senator Aliyu's threatened course of action, including
Chairman of Transparency International Maj.-Gen. Ishola
Williams, former Governor Alhaji Balarabe Musa of Kano State,
Chief Benji Duru, Deputy National Vice Chairman of the All
Progressive Grand Alliance, as well as numerous Senior
Advocates of Nigeria (SANs ) prominent and respected
attorneys) and civil society leaders.


6. (U) In a related development, President Umaru Musa
Yar'Adua, in a speech to the Partnership Against Corruption
Initiative in Davos, Switzerland, expressed his support for
removal of the immunity from prosecution clause for current
public officers contained in section 308 of the 1999 Nigerian
Constitution. "I have confidence that the next constitutional
amendment will strip these public officials of this immunity
and I am personally in support of that," said Yar'Adua.


7. (C) COMMENT: Referral to the Ethics Committee under threat
of censure, if not expulsion, is the same approach the Senate
took with regard to the case of Senator George Akume, who
leveled charges of fraud and financial mismanagement against
Senate President Mark (reftel). Senator Eze said the Senate
will soon act upon his committee's report on Akume, in

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addition to Aliyu. Given his former position, Aliyu may have
real evidence to back up his assertions, and his allegations
are less likely to be effectively countered than Akume's.
Regardless of the extent of Mark's influence over the Senate
proceedings, he will not be able to affect those in the
House. Speaker Bankole is not all that fond of Mark, as he
recently expressed to Embassy Officers. Yar'Adua's support
for eliminating the immunity clause is certainly a step in
the right direction. END COMMENT.
SANDERS