Identifier
Created
Classification
Origin
08ABUJA527
2008-03-20 15:28:00
CONFIDENTIAL
Embassy Abuja
Cable title:
NIGERIA: CORRUPT COURTS SLOW EFCC INVESTIGATION OF
how-toVZCZCXRO0574 PP RUEHPA DE RUEHUJA #0527 0801528 ZNY CCCCC ZZH P 201528Z MAR 08 FM AMEMBASSY ABUJA TO RUEHC/SECSTATE WASHDC PRIORITY 2381 INFO RUEHZK/ECOWAS COLLECTIVE RUEHOS/AMCONSUL LAGOS 8948 RUEAWJA/DEPT OF JUSTICE WASHDC RHEBAAA/DEPT OF ENERGY WASHDC RHEHNSC/NSC WASHINGTON DC RUEAIIA/CIA WASHINGTON DC RUEKDIA/DIA WASHDC RHMFISS/HQ USEUCOM VAIHINGEN GE RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
C O N F I D E N T I A L ABUJA 000527
SIPDIS
SIPDIS
DOE FOR GEORGE PERSON
E.O. 12958: DECL: 03/12/2018
TAGS: PGOV SNAR KJUS KCOR NI
SUBJECT: NIGERIA: CORRUPT COURTS SLOW EFCC INVESTIGATION OF
ODILI
REF: 07 ABUJA 2082
Classified By: Ambassador Robin Renee Sanders for reasons 1.4. (b & d).
C O N F I D E N T I A L ABUJA 000527
SIPDIS
SIPDIS
DOE FOR GEORGE PERSON
E.O. 12958: DECL: 03/12/2018
TAGS: PGOV SNAR KJUS KCOR NI
SUBJECT: NIGERIA: CORRUPT COURTS SLOW EFCC INVESTIGATION OF
ODILI
REF: 07 ABUJA 2082
Classified By: Ambassador Robin Renee Sanders for reasons 1.4. (b & d).
1. (C) Outgoing Chief of the EFCC External Cooperation Unit
Ibrahim Mohammed (strictly protect) on March 11 confirmed
press reports that former Rivers State Governor Peter Odili
secured a "perpetual injunction" restraining the EFCC from
arresting, detaining or prosecuting him -- in effect
extending the immunity he enjoyed while in office from 1999
to 2007. The EFCC will appeal the injunction and Mohammed
felt certain it would be overturned by higher courts.
Mohammed noted that, while the "perpetual" nature of Odili's
injunction was uncommon, the practice of paying a corrupt
judge for an injunction to slow the EFCC's work was all too
common. Incoming External Cooperation Chief Mohammed Bamalli
(strictly protect) told Poloff and INLoff that individuals
use the injunctions to buy time to prepare their defense or
cover their tracks, but that they cannot completely derail
the investigation.
2. (C) Mohammed and Bamalli both called for increased U.S.
and other donor support of judicial reform programs, noting
particularly the need to reach below the federal to the state
levels. Although the higher federal courts are being reached
by foreign assistance programs, the lower courts, which are
responsible for the majority of such injunctions, are not.
3. (C) COMMENT. Former Delta Governor James Ibori has also
used court injunctions to attempt to stall the EFCC's
investigations. The fact that the lower federal courts
continue to issue such broad injunctions restricting the EFCC
from carrying out its mandated functions, despite the
injunctions repeatedly being overturned by higher courts,
seems a clear indication of the extent of judicial corruption
and the influence still enjoyed by former governors and
others among the elite networks of Nigerian politics. Odili,
whom many believe to be the most corrupt of the former
governors, has always seemed to come out "above the law."
His successful investigation, prosecution and conviction by
the EFCC, were it to happen, would be a clear signal of a
real commitment from the Yar'Adua administration to fight
corruption. For the time being though, it seems like
business as usual. END COMMENT.
SANDERS
SIPDIS
SIPDIS
DOE FOR GEORGE PERSON
E.O. 12958: DECL: 03/12/2018
TAGS: PGOV SNAR KJUS KCOR NI
SUBJECT: NIGERIA: CORRUPT COURTS SLOW EFCC INVESTIGATION OF
ODILI
REF: 07 ABUJA 2082
Classified By: Ambassador Robin Renee Sanders for reasons 1.4. (b & d).
1. (C) Outgoing Chief of the EFCC External Cooperation Unit
Ibrahim Mohammed (strictly protect) on March 11 confirmed
press reports that former Rivers State Governor Peter Odili
secured a "perpetual injunction" restraining the EFCC from
arresting, detaining or prosecuting him -- in effect
extending the immunity he enjoyed while in office from 1999
to 2007. The EFCC will appeal the injunction and Mohammed
felt certain it would be overturned by higher courts.
Mohammed noted that, while the "perpetual" nature of Odili's
injunction was uncommon, the practice of paying a corrupt
judge for an injunction to slow the EFCC's work was all too
common. Incoming External Cooperation Chief Mohammed Bamalli
(strictly protect) told Poloff and INLoff that individuals
use the injunctions to buy time to prepare their defense or
cover their tracks, but that they cannot completely derail
the investigation.
2. (C) Mohammed and Bamalli both called for increased U.S.
and other donor support of judicial reform programs, noting
particularly the need to reach below the federal to the state
levels. Although the higher federal courts are being reached
by foreign assistance programs, the lower courts, which are
responsible for the majority of such injunctions, are not.
3. (C) COMMENT. Former Delta Governor James Ibori has also
used court injunctions to attempt to stall the EFCC's
investigations. The fact that the lower federal courts
continue to issue such broad injunctions restricting the EFCC
from carrying out its mandated functions, despite the
injunctions repeatedly being overturned by higher courts,
seems a clear indication of the extent of judicial corruption
and the influence still enjoyed by former governors and
others among the elite networks of Nigerian politics. Odili,
whom many believe to be the most corrupt of the former
governors, has always seemed to come out "above the law."
His successful investigation, prosecution and conviction by
the EFCC, were it to happen, would be a clear signal of a
real commitment from the Yar'Adua administration to fight
corruption. For the time being though, it seems like
business as usual. END COMMENT.
SANDERS