NIGERIA: PRESIDENTIAL ELECTION TRIBUNAL CLOSES,

UNCLAS ABUJA 000254 SIPDIS SENSITIVE SIPDIS STATE FOR INR/AA, AF/W DOE FOR CGAY E.O. 12958: N/A TAGS: PGOV PINR KDEM KJUS NI SUBJECT: NIGERIA: PRESIDENTIAL ELECTION TRIBUNAL CLOSES, VERDICT DATE TO BE ANNOUNCED REF: ABUJA 183 ¶1. (U) On February 5, the Presidential Election Tribunal heard closing arguments in the joint petition filed by Muhammadu Buhari (All Nigeria People's Party, ANPP) and Atiku Abubakar (Action Congress, AC) contesting President Yar,Adua,s (People,s Democratic Party, PDP) April 2007 election. A strike called by the Judiciary Staff Union of Nigeria, protesting a withholding of pay, delayed proceedings originally scheduled for February 4 (Reftel). The court will announce the verdict date via hearing notice posted outside chambers. Lawyers expect a final judgment in the case as early as March. ¶2. (U) Before final arguments, the court entertained objections to Independent National Electoral Commission (INEC) Chair Maurice Iwu's responses to a list of questions (known as interrogatories) about the procurement and delivery of ballots for the April elections. The Supreme Court on January 25 ruled against Atiku's application to permit Iwu to appear before the court and answer questions, instead compelling INEC to remit responses by sworn affidavit to the court by January 29. Dissatisifed with Iwu's responses, on February 5, Atiku's legal team asked the court to allow the insertion of INEC's official report on the 2007 elections into evidence. Babatunde Kasimu, Atiku's lead attorney, argued Iwu's responses to his client's list of questions were directly contradicted by statements Iwu himself made in INEC's official report, which was published September 2007. (Note: On January 31, Leadership newspaper published an advertorial exhibiting pages 30-31 of INEC's report, in which Iwu stated the ballot papers had been printed in South Africa, and not in-country as was claimed in his interrogatories. End Note.) The justices unanimously concurred with counsel to Yar'Adua that new evidence cannot be remitted after the May 31, 2007 deadline, pronouncing "if the petitioner knew it was vital to the case, it would have been tendered earlier." Atiku's team is likely to appeal the inadmissibility of the INEC report to the Supreme Court. ¶3. (U) Attorney General Michael Aondoakaa, as well as Minister of Culture Adetokunbo Kayode attended the proceedings. Aondoakaa also visited court on February 4, presumably to resolve the strike situation. At the time, Aondoakaa met with lead counsels for Atiku, Yar,Adua, and INEC before informing PolOff he was "heading straight to the Villa to try and solve the (strike) crisis." Buhari and Atiku running mate, Ben Obi, also attended closing arguments. As on January 28, when the tribunal resumed hearing following the holiday hiatus, several heavily-armed riot police encircled the court complex and adjoining streets. Many PDP supporters displayed placards backing Yar,Adua,s presidency while Buhari supporters waved banners pronouncing "Don,t blame me, I voted for Buhari" (in both English and Hausa). ¶4. (SBU) COMMENT: Both the government and the opposition (each for their own reasons) are eager for an expeditious Tribunal verdict. Though no date has yet been announced, Post expects it may happen within the next month. Regardless of the verdict, it will be challenged at the Supreme Court, so the legal battle over the presidential election is likely to continue into the spring. END COMMENT. SANDERS