Identifier
Created
Classification
Origin
08ABUJA253
2008-02-08 11:56:00
CONFIDENTIAL
Embassy Abuja
Cable title:
NIGERIA: KOGI GOV. UNSEATED, NEW POLLS WITHIN 90
how-toVZCZCXRO2991 PP RUEHPA DE RUEHUJA #0253 0391156 ZNY CCCCC ZZH P 081156Z FEB 08 FM AMEMBASSY ABUJA TO RUEHC/SECSTATE WASHDC PRIORITY 2044 INFO RUEHZK/ECOWAS COLLECTIVE RUEHOS/AMCONSUL LAGOS 8712 RHEBAAA/DEPT OF ENERGY WASHDC RHEHNSC/NSC WASHINGTON DC RUEAIIA/CIA WASHINGTON DC RUEKDIA/DIA WASHDC RHMFISS/HQ USEUCOM VAIHINGEN GE RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
C O N F I D E N T I A L ABUJA 000253
SIPDIS
SIPDIS
DEPT FOR AF/W, INR/AA
DOE FOR CAROLYN GAY
E.O. 12958: DECL: 02/08/2018
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: KOGI GOV. UNSEATED, NEW POLLS WITHIN 90
DAYS
Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).
C O N F I D E N T I A L ABUJA 000253
SIPDIS
SIPDIS
DEPT FOR AF/W, INR/AA
DOE FOR CAROLYN GAY
E.O. 12958: DECL: 02/08/2018
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: KOGI GOV. UNSEATED, NEW POLLS WITHIN 90
DAYS
Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).
1. (C) SUMMARY: For the first time in Nigeria's history, a
governorship election will be rerun. The Abuja Court of
Appeals upheld the earlier decision of the Election Tribunal
in Kogi State (located in the Middle Belt, near Abuja) and
annulled the election of Governor Ibrahim Idris (of the
ruling People's Democratic Party -PDP). According to the
court, a new election must be held within 90 days. The
Speaker of the Kogi State House of Assembly (also PDP) was
sworn in as acting governor, but his own election is also in
danger of being overturned soon. If that happens, another
Speaker will be elected, who would then become Kogi's second
acting Governor. The course of events in Kogi may set a
precedent for other upcoming gubernatorial by-elections and
for a potential presidential by-election. Unfortunately, the
by-election in Kogi will be conducted by the same INEC
officials responsible for the massively flawed April 2007
general elections, so there is no evidence it will be run any
better the second time around. END SUMMARY.
2. (U) On February 6, the Court of Appeal in Abuja confirmed
the October 10, 2007 decision of the Kogi State Election
Tribunal to annul the election of Governor Ibrahim Idris
(PDP) on the grounds that opposition candidate Prince
Abubakar Audu (All Nigerian People's Party, ANPP) had been
wrongfully excluded from the ballot during the April 2007
gubernatorial election. The court has ordered that a fresh
election be held within 90 days (no later than May 5, 2008),
though a spokesman for the Independent National Electoral
Commission (INEC) told the media that the body plans to hold
the polls within 45 days. President Yar'Adua, through his
official spokesman Segun Adeniyi, called on all parties to
accept the verdict in good faith, asked the police to
maintain order in the state, and ordered the immediate
swearing-in of the Speaker of the Kogi State House of
Assembly as acting Governor. The Presidency felt the need to
make a statement, according to Adeniyi, because the Appeals
Court had not issued instructions about who was to take power
pending the by-election. Adeniyi explained that according to
Nigeria's constitution (section 191, subsection 2),the
Speaker becomes acting Governor in the event the office
becomes vacant.
3. (U) Chief Clarence Olafemi (PDP),Speaker of the State
House of Assembly, was sworn in as Kogi's acting Governor on
February 6. Interestingly, his own election may soon be
annulled. The Kogi State Election Tribunal nullified his
election in September 2007, but their verdict is still
pending appeal. Judgement in the appeal is scheduled for
February 28. If Olafemi's own election is also struck down,
the Kogi Assembly will have to elect a new Speaker, who would
then become the state's second acting Governor.
4. (C) COMMENT: Civil society, the Nigerian Bar
Association, and opposition parties are lauding the courts
for their decision in Kogi. The judiciary seems increasingly
capable and willing to flex its muscle and to play a real
role in Nigerian politics and democracy. It is promising
that the Presidency called for immediate implementation of
the court's ruling (even though it was unfavorable to his
party),that an acting Governor was inaugurated, and that
Kogi has remained calm as the state (as well as the country)
navigates uncharted political waters. Kogi is setting an
important precedent for other upcoming gubernatorial appeals
and for the eventual verdict of the Presidential Election
Tribunal. Unfortunately, the by-election in Kogi (due within
90 days),and those in other states if ordered, will be
conducted by the same INEC officials responsible for the
massively flawed April 2007 general elections, so there is no
evidence it will be run any better the second time around.
END COMMENT.
SANDERS
SIPDIS
SIPDIS
DEPT FOR AF/W, INR/AA
DOE FOR CAROLYN GAY
E.O. 12958: DECL: 02/08/2018
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: KOGI GOV. UNSEATED, NEW POLLS WITHIN 90
DAYS
Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).
1. (C) SUMMARY: For the first time in Nigeria's history, a
governorship election will be rerun. The Abuja Court of
Appeals upheld the earlier decision of the Election Tribunal
in Kogi State (located in the Middle Belt, near Abuja) and
annulled the election of Governor Ibrahim Idris (of the
ruling People's Democratic Party -PDP). According to the
court, a new election must be held within 90 days. The
Speaker of the Kogi State House of Assembly (also PDP) was
sworn in as acting governor, but his own election is also in
danger of being overturned soon. If that happens, another
Speaker will be elected, who would then become Kogi's second
acting Governor. The course of events in Kogi may set a
precedent for other upcoming gubernatorial by-elections and
for a potential presidential by-election. Unfortunately, the
by-election in Kogi will be conducted by the same INEC
officials responsible for the massively flawed April 2007
general elections, so there is no evidence it will be run any
better the second time around. END SUMMARY.
2. (U) On February 6, the Court of Appeal in Abuja confirmed
the October 10, 2007 decision of the Kogi State Election
Tribunal to annul the election of Governor Ibrahim Idris
(PDP) on the grounds that opposition candidate Prince
Abubakar Audu (All Nigerian People's Party, ANPP) had been
wrongfully excluded from the ballot during the April 2007
gubernatorial election. The court has ordered that a fresh
election be held within 90 days (no later than May 5, 2008),
though a spokesman for the Independent National Electoral
Commission (INEC) told the media that the body plans to hold
the polls within 45 days. President Yar'Adua, through his
official spokesman Segun Adeniyi, called on all parties to
accept the verdict in good faith, asked the police to
maintain order in the state, and ordered the immediate
swearing-in of the Speaker of the Kogi State House of
Assembly as acting Governor. The Presidency felt the need to
make a statement, according to Adeniyi, because the Appeals
Court had not issued instructions about who was to take power
pending the by-election. Adeniyi explained that according to
Nigeria's constitution (section 191, subsection 2),the
Speaker becomes acting Governor in the event the office
becomes vacant.
3. (U) Chief Clarence Olafemi (PDP),Speaker of the State
House of Assembly, was sworn in as Kogi's acting Governor on
February 6. Interestingly, his own election may soon be
annulled. The Kogi State Election Tribunal nullified his
election in September 2007, but their verdict is still
pending appeal. Judgement in the appeal is scheduled for
February 28. If Olafemi's own election is also struck down,
the Kogi Assembly will have to elect a new Speaker, who would
then become the state's second acting Governor.
4. (C) COMMENT: Civil society, the Nigerian Bar
Association, and opposition parties are lauding the courts
for their decision in Kogi. The judiciary seems increasingly
capable and willing to flex its muscle and to play a real
role in Nigerian politics and democracy. It is promising
that the Presidency called for immediate implementation of
the court's ruling (even though it was unfavorable to his
party),that an acting Governor was inaugurated, and that
Kogi has remained calm as the state (as well as the country)
navigates uncharted political waters. Kogi is setting an
important precedent for other upcoming gubernatorial appeals
and for the eventual verdict of the Presidential Election
Tribunal. Unfortunately, the by-election in Kogi (due within
90 days),and those in other states if ordered, will be
conducted by the same INEC officials responsible for the
massively flawed April 2007 general elections, so there is no
evidence it will be run any better the second time around.
END COMMENT.
SANDERS