NIGERIA: EFCC CHAIR WAZIRI REVEALS SERIOUS

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 002248

SIPDIS

STATE FOR AF/W, INL/C, INL/AAE, AND INR

E.O. 12958: DECL: 11/11/2018
TAGS: PGOV KCOR KCRM NI
SUBJECT: NIGERIA: EFCC CHAIR WAZIRI REVEALS SERIOUS
LIMITATIONS

Classified By: Ambassador Robin R. Sanders for reasons 1.4. (b & d).


1. (C) SUMMARY: The Ambassador spoke to EFCC Chair Farida
Waziri by phone on November 10 to discuss ongoing EFCC
anti-corruption efforts and deliver USG benchmarks for
cooperation. The conversation revealed little substantive
detail on EFCC efforts, and instead revealed much more about
the serious limitations placed on Waziri and the EFCC by
Attorney General Michael Aondoakaa. In one of the most
telling moments of the conversation, Waziri asked the
Ambassador to call the Attorney General and put pressure on
him to cooperate with the U.K. on the current case against
former Governor Ibori. Waziri maintained Aondoakaa has
assumed complete control of the Ibori case and other
"politically sensitive" cases. The Ambassador reiterated to
Waziri the seriousness with which we continue to watch the
EFCC and will use its performance as a benchmark to judge
Nigeria's commitment to battle corruption. END SUMMARY.

IT'S NOT MY FAULT - THE BLAME GAME
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2. (C) In her phone conversation with the Ambassador on
November 10 (PolOff listened in as notetaker),Waziri was
quick to boast of EFCC's most recent accomplishments, which
included involvement with UNODC's "Anti-Corruption
Revolution" conference on December 9-10 and a
PriceWaterhouseCooper structural management consultation for
the EFCC's Lagos office. However, when asked about more
substantive EFCC issues, like the lack of progress on
corruption cases against 31 former governors, Waziri was
quick to note the absence of sufficient information in the
case files as the reason for lack of progress. She also
blamed the press for sensationalized reporting and misquoting
her, blamed her investigators for not having enough evidence,
and blamed the Appeals Court Judges for not granting trials.
Waziri admitted that she is currently hiring SANs (Senior
Advocates of Nigeria) to act as prosecutors because the EFCC
prosecution cases are so weak.

FORMER GOV IBORI - THE LITMUS TEST
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3. (C) When asked about the status of cooperation with the
U.K. on the money laundering case against former Delta
Governor James Ibori, Waziri admitted that GON Attorney
General Michael Aondoakaa has taken complete control of the
case and other high-profile cases that are "politically
sensitive." She also explained that unlike in the past when
the EFCC cooperated directly with the U.K. Metropolitan
Police, any "cooperation on a case with a foreign government
has to have the official seal of approval in the form of the
Attorney General's signature on the Mutual Legal Assistance
Treaty." (Comment: Aondoakaa appears to be stalling the
process of sharing documentary evidence, presumably as a
result of his strong political and financial ties to former
Delta State Governor Ibori. End Comment.)


4. (C) In one of the most revealing moments of the
conversation, Waziri asked the Ambassador for her help to
move the Ibori case forward, pleading for her to call
Aondoakaa and "remind him that the world is watching." The
Ambassador responded that the USG will be watching Aondoakaa,
particularly his actions up to and during the January 2009
trial, as a benchmark to determine the level of future USG
anticorruption cooperation with the GON. The Ambassador
added that any funds for the EFCC would be based on an
evaluation of this cooperation, but that we were reviewing
possibilities only for the rank and file; there would be no
training for senior level EFCC offices. The Ambassador also
told Waziri that she could not commit to anything at this
time, especially until U.S. budgetary levels are determined,
which would likely not happen until well into 2009.

WE WILL NOT ARREST RIBADU
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5. (C) Waziri informed the Ambassador that she did not yet
get a reply from former EFCC Chairman Nuhu Ribadu regarding
her request for a November 14 meeting with him. She also
promised the Ambassador that the purpose of the meeting is
not to arrest or interrogate Ribadu, but rather to meet
collegially to discuss the cases files of the 31 former

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governors -- files she continued to say had weak evidentiary
information for prosecution. Waziri added that she did not
believe the recent press reports of an assassination plot
against Ribadu. On the contrary, she predicted that no harm
will come to Ribadu because "he is so widely loved and
respected in Nigeria." (Note: In a later conversation the
Ambassador had with Ribadu at her residence on November 10,
(reported septel),Ribadu was adamant that these same case
files were strongly documented. End Note.)


6. (C) COMMENT: Waziri's revelation that Aondoakaa is
controlling the Ibori case as well as other politically
sensitive cases explains much of Waziri's recent defensive
posturing. So far, both the media and public have focused
all the attention and blame on her; however, we believe from
multiple sources that Attorney General Aondoakaa is the
larger culprit on top of his everyday thuggery and illicit
enrichment. It was Aondoakaa's bile for Ribadu that was
assumed to be behind his removal from the EFCC. Aonoakaa
also has shown his penchant for delaying tactics on Ibori's
case in the U.K. even during Ribadu's tenure. Ribadu,
however, in contrast with Waziri, publicly challenged
Aondoakaa on his delaying tactics in the Ibori investigation.
Both we and our U.K. counterparts will continue to drive
home the message that we consider the Ibori case as a litmus
test of GON commitment to the fight against corruption, and
also push for concrete action on other high-profile
corruption cases.


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