NIGERIA: EXPERT TESTIMONY IN VOTE STEALING SETS

UNCLAS LAGOS 000121 SIPDIS SIPDIS STATE FOR AF/W, E.O. 12958: N/A TAGS: PGOV NI SUBJECT: NIGERIA: EXPERT TESTIMONY IN VOTE STEALING SETS PRECEDENT ¶1. (SBU) Summary: Forensic evidence is providing new insights into vote rigging during the April 2007 gubernatorial election in Ekiti State. The state tribunal is the only election court thus far to allow forensic evidence, setting a precedent for the country. Visual aids especially are educating attendees about vote rigging and how to trace it, fostering accountability. The tribunal, though moving slowly, has the trust of the people and the parties. End Summary. -------------- Forensic Evidence of Vote Proves Powerful -------------- ¶2. (SBU) On March 12, PolOff and PolSpec observed the state gubernatorial Election Tribunal in Ado-Ekiti, the capital of Ekiti State. The tribunal is one of the first in the country to permit forensic testimony as evidence of ballot tampering and vote rigging. A British team lead by Adrian Fort, a forensic expert on fingerprints and a consultant with Scotland Yard, is testifying on vote stealing in Ekiti State during the April 2007 gubernatorial elections. Fort explained to PolOff and PolSpec that his team is using fingerprint analysis, the details of which he had presented in court the previous day using charts and other visual aids, to trace the distribution of pre-completed ballot papers across the state. Additionally, the team uses an investigative model to track the movement of ballot book numbers through the vote counting process. According to the analysis by Fort's team, ballots from the same ballot book were found in different parts of the state and fingerprint analysis showed the same thumbprints on multiple ballots. Fort sees his team's work in Nigeria as a rare opportunity to help the Nigerian legal system improve in functionality and sophistication. Fort said he and his team are providing their services at a significant discount. ¶3. (SBU) During cross examination, the lawyer for People's Democratic Party (PDP) Governor Segun Obi, was unsure of how to handle Fort. He had difficulty in asking relevant questions and did not appear to understand the evidence presented or how to counter it in court. The audience, which was evenly split between PDP and Action Congress (AC) supporters, chuckled and snorted in response to the cross examination of Fort. In contrast, the tribunal judges were engaged throughout the testimony, keeping both the courtroom and the lawyers on track. -------------- - Legal Preparation Key to Introducing Forensics -------------- - ¶4. (SBU) AC gubernatorial candidate Kayode Fayemi, told PolOff and PolSpec that the Ekiti tribunal allowed both forensic expert testimony and evidence in court due to forethought and planning in the early stages of the legal challenge. In filing the original court paperwork in 2007, Fayemi said his legal team included the forensic experts on the witness list and specified what type of evidence they would present, including visual aids and graphs. The tribunal in Osun State, by comparison, barred forensic experts from testifying because they weren't specifically included in the initial documents, although lawyers for the plaintiffs are considering an appeal. ¶5. (SBU) Fayemi expressed confidence in the tribunal process and his legal team. He said that there are only five lawyers in Nigeria considered tribunal experts, and noted that they are highly sought after by defendants and plaintiffs alike. Fayemi recalled that one of President Yar'Adua's lawyers is on the Ondo State governor's defense team and his own lead lawyer has been approached by Governor Oni in advance of his preparations for an appeal to the Tribunal's ruling, should it not be in Oni's favor. ¶6. (SBU) Comment: The unique use of both forensic expert testimony and evidence, including visual aids in court, sets a precedent for the country. The visual aids presented in court not only attest to vote rigging, but also educate the public in rigging methodology and ways to track such fraud. It is possible that the next elections held in Ekiti State will involve an electorate more alert to the methods of vote stealing. End Comment. ¶7. (U) This cable has been cleared by Embassy Abuja. BLAIR