Identifier
Created
Classification
Origin
08ABUJA2149
2008-10-30 16:02:00
CONFIDENTIAL
Embassy Abuja
Cable title:  

PRESIDENT OF NIGERIAN APPEALS COURT: NO MISCONDUCT

Tags:  PGOV PINR KCOR NI 
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C O N F I D E N T I A L ABUJA 002149 

SIPDIS

DEPT FOR AF/W, INR/AA

E.O. 12958: DECL: 10/28/2018
TAGS: PGOV PINR KCOR NI
SUBJECT: PRESIDENT OF NIGERIAN APPEALS COURT: NO MISCONDUCT
IN MARK CASE

REF: ABUJA 780

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

C O N F I D E N T I A L ABUJA 002149

SIPDIS

DEPT FOR AF/W, INR/AA

E.O. 12958: DECL: 10/28/2018
TAGS: PGOV PINR KCOR NI
SUBJECT: PRESIDENT OF NIGERIAN APPEALS COURT: NO MISCONDUCT
IN MARK CASE

REF: ABUJA 780

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


1. (C) Justice Umaru Abdullahi, President of the Federal
Court of Appeal, told PolOff on October 30 that the committee
of the National Judicial Council has found no evidence of
misconduct by Appeals Court Judge Zainab Bulchukwa. Chief
Justice Idris Legbo Kutigi requested the National Judicial
Council, the disciplinary body for Nigerian judges, to
examine Bulchukwa's behavior based on a petition received by
the Supreme Court. Bulchukwa presided over the election
tribunal appeals of Senate President David Mark, Kebbi
Governor Usman Dakin-Gari (President Yar'Adua's son-in-law),
and Sokoto gubernatorial candidate Attahiru Bafarawa.
Bulchukwa's rulings came under scrutiny when she issued what
appeared to be contradictory rulings just one day apart on
April 10 and April 11, 2008 in the Kebbi and Sokoto cases,
respectively. In each case, the PDP candidate (Dakin-Gari in
Kebbi and Aliyu Wamakko in Sokoto) was not/not registered as
a member of the PDP party (a legal requirement under the
Electoral Act) prior to the deadline issued by the
Independent National Electoral Commission (INEC) for
candidate registration. In the Kebbi case Bulchukwa found
lack of registered party membership was not grounds to
nullify Dakin-Gari's election, whereas in the Sokoto case she
nullified Wamakko's declared victory based on his lack of
registered membership (reftel). Abdullahi confirmed that
complaints were brought to the Council, but said that
insufficient evidence had been presented to the panel to
suggest misconduct. He said that an announcement will be
made soon to that effect, but also noted that if new and
compelling evidence were presented to the Council, it would
review it. He offered no clarification as to how Bulchukwa
could have reached the two seemingly contradictory rulings in
the Kebbi and Sokoto cases.


2. (C) COMMENT: The conclusion of the panel would secure
Mark's position as Senate President and officially closes the
book on his election. Under the Nigerian constitution, the
Senate President is third in protocol rank, and would become
acting President if both the Presidency and Vice Presidency
were vacant. In the (we believe unlikely) event that the
Supreme Court were to overturn the 2007 presidential
elections, Mark would thus become interim President and have
the task of organizing new Presidential elections within
three months. END COMMENT.


3. (U) This cable coordinated with Consulate Lagos.
Sanders