NIGERIA: GON ISSUES AMNESTY DECREE FOR NIGER DELTA

S E C R E T SECTION 01 OF 02 ABUJA 001173

NOFORN
SIPDIS

DEPT FOR AF/W, INR/AA

E.O. 12958: DECL: 06/26/2019
TAGS: PREL PGOV NI
SUBJECT: NIGERIA: GON ISSUES AMNESTY DECREE FOR NIGER DELTA
"MILITANTS"

REF: A. IIR 6 871 0114 09 (NOTAL)

B. ABUJA 1132

C. IIR 6 871 0113 09

Classified By: Political Counselor Walter N.S. Pflaumer for reasons 1.4
(b) and (d)


1. (C) Summary: On June 25, after several hours of
discussion with the Council of State (COS -- a
constitutionally established consultative body of over 50,
including the VP, Chief Justice, all former Heads of State,
all serving state governors and other senior officials)
President Umaru Yar'Adua signed a proclamation offering
amnesty (formally described as a pardon) to Niger Delta
militants who agreed to surrender their weapons, formally
renounce militancy, presenting themselves for this purpose at
one of the centers being established for this purpose in each
of the Delta states. Militants will have until October 4 to
either accept the amnesty or be branded as common criminals.
Details of a package of training, education and
rehabilitation measures are to be announced on June 26, but
are believed to be similar to those described in Ref. A IIR.
On-trial militant leader Henry Okah clearly falls within the
range of this amnesty. Another former Delta militant leader,
Dokubo Asari, who was briefly detained by the State Security
Service while arriving at Lagos airport on June 23, would
presumably be covered as well. We will need to see just how
serious the GON is about implementation; what the modalities
are; whether "militant" types (keeping in mind that some of
the Delta lawlessness is pure criminality) buy in; and
whether a real political and developmental framework follows
to address the fundamental issues in the Delta. End summary.


2. (U) In his amnesty proclamation, President Yar'Adua said
that after due consultation with the COS and in exercise of
the powers conferred upon him by the provisions of Section
175 of the Constitution of the Federal Republic of Nigeria,
"I hereby grant amnesty and unconditional pardon to all
persons who have directly or indirectly participated in the
commission of offences associated with militant activities in
the Niger Delta;

The pardon shall take effect upon the surrender and handing
over of all equipment, weapons, arms and ammunition and
execution of the renunciation of Militancy Forms specified in
the schedule hereto, by the affected persons at the nearest
collection centre established for the purpose of Government
in each of the Niger Delta States;

The unconditional pardon granted pursuant to this
proclamation shall extend to all persons presently being
prosecuted for offences associated with militant activities;
and

This proclamation shall cease to have effect from Sunday, 4th
October 2009".


3. (SBU) Commenting to the media after he signed the
proclamation, Yar'Adua said: "The offer of amnesty is
predicated on the willingness and readiness of the militants
to give up illegal arms in their possession, completely
renounce militancy in all its ramifications unconditionally,
and depose to an undertaking to this effect." Yar'Adua
caused some confusion by adding that "the offer of amnesty is
open to all militants for a period of sixty days." (Note:
We presume this was merely a slip of the tongue, as there are
one hundred days, not sixty, between now and October 4th.)


4. (C) Details of a promised rehabilitation program are not
to be made public until later on June 26, but are believed to
be along the lines of those described in Ref. A IIR (which
appears identical to the June 20 piece in online publication
Sahara Reporters,which is described in Ref. B),and are
expected to include long term peace building initiatives to
fund educational programs and stimulate employment in the
Delta region.


5. (C) The provisions of the amnesty would appear to apply to

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Henry Okah, one of the alleged leaders of the Movement for
the Emancipation of the Niger Delta (MEND) who is currently
the subject of a secret trial for treason and arms smuggling.
Observers note, however, that it is less clear whether or
not they would apply to those whose names were included on
what has been described as a "guest list" found in one of the
camps of militant leader Tompolo when it was captured in
mid-May during the Joint Task Force's offensive in the area.
According to Ref. C IIR, those included on the list are:


1. James Ibori, former Governor Delta State

2. Goodluck Jonathan, Vice-President and former Governor
Bayelsa State

3. Emmanuel Uduaghan, Governor Delta State

4. Diepreye S.P. Alamieyesegha, former Governor Bayelsa
State

5. Ovie Omo Agege, former Secretary to Delta State Governor

6. Owoye Andrew Azazi, former Chief of Defense Staff

7. Name deleted

8. Godsday Orubebe, Minister of state for Niger Delta
Affairs

9. Ibrahim Oghohi, former Chief of Defense Intelligence


6. (S//NF) According to the senior level GON official who was
the source of Ref. C, the seventh name on the list, which has
been removed, was National Security Advisor Sarki Mukhtar,
whose name was deleted by NSA staff to avoid political
embarrassment. Most of the above names (other than Mukhtar)
are also mentioned in the June 20 Sahara Reporters article.


7. (C) Comment: It will take a few days for the full details
of the rehabilitation and resettlement package are made
known, and for key militant leaders have a chance to react to
them. Until then, it will not be clear whether this proposal
stands any chance to get off the ground. Too many military
officers, national politicians, Delta politicians, militant
leaders and community leaders are making money from the
current situation, and will want to thwart any attempt to
"fix" the Delta by accepting and supporting this amnesty or
anything else. End comment.
SANDERS