NIGERIA: FEELING THE HEAT, EFCC CHAIR TRIES TO

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 002224

SIPDIS

STATE FOR AF/W AND INL/AAE

E.O. 12958: DECL: 05/13/2017
TAGS: PGOV KCOR KCRM NI
SUBJECT: NIGERIA: FEELING THE HEAT, EFCC CHAIR TRIES TO
COOL DOWN CRITICS

REF: A. ABUJA 2035

B. ABUJA 1465

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


1. (U) SUMMARY: Within the last week, the EFCC has revisited
three high-profile corruption cases, with some ending in new
arrests and arraignments. The surge in EFCC activity comes
on the heels of EFCC Chair Farida Waziri's controversial
remarks at an October 13 anti-corruption conference regarding
the status of case files against 31 governors and a petition
against former President Obasanjo (reftel). Since then,
Waziri has been on the defensive, with the Senate Committee
on Drugs, Narcotics, Anti-Corruption, and Financial Crimes
calling her in to testify on the status of the cases. As the
heat turned up, Waziri's spokesman immediately scrambled to
clarify her statements. Meanwhile, Waziri herself conducted
a quasi anti-corruption public relations campaign--reassuring
the Senate that she is serious about fighting corruption,
pinning the blame on her predecessor for weak cases and poor
file management, and commanding her investigators to
re-examine at least three high-profile corruption cases,
including that of Former President Obasanjo, former Oyo State
Governor, Rashidi Ladoja, and former Minister of State for
Health, Gabriel Aduku. END SUMMARY.

MEDIA PUTS WAZIRI ON THE DEFENSIVE
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2. (C) EFCC Chair Waziri's October 13 remarks at a large
anti-corruption conference regarding the status of case files
against 31 governors and denying the existence of a petition
against former President Obasanjo (reftel) elicited a strong
public reaction, sparking a firestorm of media criticism for
the next two weeks. Almost immediately, EFCC Spokesman Femi
Babafemi went on damage control and tried to clarify what
Waziri meant to say. Furthering her case, Waziri met with
the Senate Committee on Drugs, Narcotics, and Anti-Corruption
on October 23 where she excoriated the press for misquoting
her. She then told the Committee that "there are no stolen
case files and there are no missing case files in the EFCC.
But what I found is what I am working on." She went one step
further, criticizing the immunity that shields the President,
Vice President, Governors and their deputies from
prosecution. Waziri also challenged the Committee to approve
the establishment of special courts to prosecute corrupt
individuals.


3. (U) While the criticism continued, the EFCC announced on
October 28 that it will begin "discreet investigations" into
the Coalition Against Corrupt Leaders' (CACOL) allegations of
corruption against former President Obasanjo. The
allegations include: misappropriating $70 million for an
Obasanjo presidential library project; illegal accumulation
of oil revenue; involvement in Siemens, Haliburton, Wilbros,
and other contract scandals; illegal acquisition of
approximately $2 million shares in Transcorp; and using
public funds for a private university, among others.
Meanwhile, Babafemi issued a statement on November 4 that the
EFCC is ready to put 10 ex-Governors on trial for
"corruption, money laundering and abuse of office."

New Arrests
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4. (U) Two days after announcing the Obasanjo investigation
(on October 30) the EFCC re-arrested former Minister of State
for Health, Gabriel Aduku, whose 56-count charge of criminal
breach of trust and fraud had been withdrawn the week before.
In addition, the EFCC rearraigned former Oyo State Governor,
Rashidi Ladoja (originally arraigned August 30) and two of
his former aides on October 20. He was charged with 10
counts of money laundering, totalling approximately $45
million. Ladoja's rearraignment also follows the withdrawal
of charges on 33-counts of fraud and money laundering of
state funds only a day earlier. Both cases await prosecution.


5. (C) Head of EFCC's Legal Division, James Binang, told
PolOff and INLOff on November 4 that Waziri ordered Aduku's
and Ladoja's initial arrests too soon, when the evidence

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against them was still weak. As a result, and against
Waziri's wishes, Binang had to release them. As Waziri faced
increased heat over her remarks on Obasanjo and the 31 former
governors, Binang told PolOff and INLOff that he was taken
off the Aduku and Ladoja cases and the files were instead
outsourced to an outside lawyer (Note: Binang did not specify
to whom),who came up with "additional evidence" to re-arrest
and re-arraign Aduku and Ladoja. Binang did not specify the
evidence, but revealed that Waziri felt she was under growing
pressure to counter media criticism.

Comment
- - - -

6. (C) It is hard to know whether the EFCC's re-arraignments
are merely an attempt by Waziri to do damage control to
counter press criticism or an indication that she is
genuinely working to strengthen what she had claimed -- in
her July 21 meeting with the Ambassador (see ref B) -- were
weak case files. We continue to make it clear to the EFCC
that its future relations with the USG are contingent on
tangible evidence of its commitment (and Waziri's commitment
more specifically) to pursue high-profile investigations.
END COMMENT.


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