NIGERIA: TRIBUNAL OVERTURNS SENATE PRESIDENT'S

C O N F I D E N T I A L ABUJA 000355 SIPDIS SIPDIS STATE FOR AF/W, INR/AA DOE FOR GPERSON E.O. 12958: DECL: 02/25/2018 TAGS: PGOV PINR KDEM KJUS NI SUBJECT: NIGERIA: TRIBUNAL OVERTURNS SENATE PRESIDENT'S ELECTION REF: ABUJA 73 Classified By: PolCouns Walter Pflaumer for Reasons 1.4 (b & d). ¶1. (SBU) The Benue State Election Tribunal nullified the election of Senate President David Mark (People's Democratic Party, PDP) February 23, and ordered the Independent National Electoral Commission (INEC) to conduct fresh polls in two of Benue-South's nine local government areas (which constitute 25% of the district) ruling that elections in these areas did not take place. The Tribunal declared that Usman Abubakar (of the All Nigeria People's Party, ANPP, which is also contesting President Yar'Adua's election through its presidential candidate Muhammadu Buhari) secured 172,029 votes to David Mark's (PDP) 98,029 votes in the other seven local government areas (LGAs). (David Mark's election was the only senatorial race in which results were announced by INEC's Abuja headquarters and not at the state INEC office.) Mark will appeal the verdict. ¶2. (SBU) The court highlighted that certain INEC-certified voters registers and result sheets had been improperly marked and altered. While noting the evidence submitted by the petitioner Abubakar (ANPP) differed from the evidence INEC certified, the court faulted INEC for any disparity and claimed the respondent (Mark) stood to benefit from any alteration. The Benue State Police Command summoned Abubakar February 22 to respond to accusations of evidence tampering and forgery of INEC documentation; however, Nigerian press report February 25 the summons was unlawful since it had not come directly from the Commissioner of Police. On February 10, the Tribunal struck out Mark's application alleging Abubakar had tampered with evidence. ¶3. (U) The same Tribunal had previously annulled the elections of Senators George Akume (Benue-Northwest, PDP) and Joseph Akaagerger (Benue-Central, PDP) in a January 24 ruling, citing electoral irregularities and ordering fresh polls across their districts. Both Akume and Akaagerger have appealed the Tribunal's ruling. ¶4. (C) COMMENT: Although the courts censured INEC for altering the voters registers, tally and result sheets, and ballot papers in elections throughout Benue state, they have not imposed any reforms or personnel changes on INEC to ensure such electoral malpractices do not take place again in any re-run election. Given the total number of registered voters in the LGAs of Benue-South where re-polling will take place (135,000),it remains dubious that Mark could overtake Abubakar's lead of 74,000 votes in a free and fair election. Even if the total turnout in those LGAs were close to the 60% INEC claimed nationally last April (as opposed to the less than 20% we believe is correct),Mark would need near unanimous support to win. The annulment of Mark's election could potentially bear on the Presidential Election Tribunal (which is expected to rule February 26 on President Yar'Adua's election) since the Constitution (tentatively) stipulates that the Senate President would be acting President for 90 days in such an eventuality. Contacts claimed February 25 that the Senate is working to remove Obasanjo-loyalist Mark and elect a new Senate President, possibly one less beholden to Obasanjo (reftel). Meanwhile, press reported February 24 that President Yar'Adua, Vice President Jonathan, and House Speaker Bankole have all pledged their support for Mark. END COMMENT. SANDERS