NIGERIA: OPPOSITION CANDIDATE OSHIOMHOLE WINS EDO

UNCLAS LAGOS 000447 C O R R E C T E D COPY -- REMOVED SENSITIVE CAPTION SIPDIS NSC FOR B POTTMAN STATE PASS USTR FOR USTR AGAMA STATE PASS USAID FOR GWEYNAND AND SLAWAETZ E.O. 12958: N/A TAGS: PGOV PREL ECON NI SUBJECT: NIGERIA: OPPOSITION CANDIDATE OSHIOMHOLE WINS EDO GOVERNOR'S SEAT ON APPEAL ¶1. (U) Summary: On November 11 the Appeals Court for Edo State confirmed the decision of the Edo State Election Tribunal that had declared the Action Congress (AC) candidate for the governorship, Adams Oshiomhole, the winner of the April 2007 gubernatorial election. Governor Oserheimen Osunbor, who remained in office during the appeal, told the Vanguard newspaper that he would comply with the decision, which cannot be appealed, calling it a "victory for the rule of law;" celebration rather than violence was reported following the decision. The AC now holds two governorships, Edo and Lagos. End Summary. ¶2. (U) The Court of Appeal with jurisdiction for Edo State ruled November 11 in favor of the Action Congress (AC) candidate for the governorship of Edo State, Adams Oshiomhole. In the gubernatorial elections of April 2007, the Independent National Electoral Commission (INEC) had declared the Peoples' Democratic Party (PDP) candidate, Oserheimen Osunbor, the winner despite massive support for the popular labor leader Oshiomhole. Oshiomhole took his case to the State Elections Petition Tribunal, which found sufficient evidence of fraud to over-turn the election of the PDP candidate, Osunbor, in March 2008. The PDP immediately appealed the decision of the tribunal, retaining control of the government throughout the appeal process which dragged on for over six months. In the November 11 decision, the Court of Appeal ruled in favor of Oshiomhole, upholding the findings of the Election Tribunal with respect to massive fraud. The Court of Appeal decision is final and cannot be appealed. Oshiomhole is now the second governor from the Action Congress, in addition to Governor Babatunde Fashole in Lagos State. ¶3. (U) Expectations of widespread violence following a court decision, which most observers expected to go against the popular Oshiomhole, induced the police to send reinforcements to Edo State, and the traditional ruler, the Oba of Benin, urged people to fast for three days in advance of the decision on the grounds that this would help calm tempers. However, the surprise decision in favor of Oshiomhole resulted in celebrations rather than violence. Significantly the overturned PDP governor, Osunbor described the decision as a "victory for the rule of law" and indicated he will comply with the decision immediately, according to the Vanguard newspaper. INEC vowed to investigate and prosecute any member of its staff found guilty of having manipulated results; it also promised to review procedures and correct these where necessary. ¶4. (U) Oshiomhole was General Secretary of the National Union of Textile and Garment Workers and President of the Nigeria Labor Congress from 1999 to 2005. He is credited for pushing through a 25 percent wage increase for public workers, and he was detained and arrested by the Obasanjo administration for inciting strikes against the high cost of fuel. He turned to politics in 2006 and he has repeatedly drawn attention to the misuse of oil revenues by the PDP controlled government. He is reportedly also a strong supporter of civil society. ¶5. (U) Comment: The court decision, the first to unseat a sitting PDP governor in favor of an opposition candidate, affirms the importance of the courts in bolstering democracy in Nigeria. Promises by the state INEC, which certified Osunbor's victory in 2007, to reform itself are suspect, and Post believes that only fundamental election reform can improve the conduct of elections in future. End Comment. ¶6. (U) This cable was cleared by Embassy Abuja. BLAIR