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