Identifier
Created
Classification
Origin
09ABUJA517
2009-03-26 11:21:00
CONFIDENTIAL
Embassy Abuja
Cable title:
NIGERIA: COUNCIL OF STATE FURTHER WEAKENS
how-toVZCZCXRO0465 PP RUEHPA DE RUEHUJA #0517/01 0851121 ZNY CCCCC ZZH P 261121Z MAR 09 FM AMEMBASSY ABUJA TO RUEHC/SECSTATE WASHDC PRIORITY 5593 INFO RUEHOS/AMCONSUL LAGOS PRIORITY 1020 RUEHZK/ECOWAS COLLECTIVE RUEHGB/AMEMBASSY BAGHDAD 0144 RUEHSA/AMEMBASSY PRETORIA 1764 RUEHYD/AMEMBASSY YAOUNDE 0724 RHMFISS/HQ USAFRICOM STUTTGART GE RHEBAAA/DEPT OF ENERGY WASHDC RUEAIIA/CIA WASHINGTON DC RHEHNSC/NSC WASHINGTON DC RUEKJCS/DIA WASHINGTON DC RHMFISS/HQ USEUCOM VAIHINGEN GE RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000517
SIPDIS
DEPT FOR AF/W, INR/AA
BAGHDAD FOR DMCCULLOUGH
E.O. 12958: DECL: 03/25/2019
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: COUNCIL OF STATE FURTHER WEAKENS
ELECTORAL REFORM PROPOSALS
REF: ABUJA 445
Classified By: Political Counselor Walter N.S. Pflaumer for reasons 1.4
(b) and (d)
MORE PROPOSED ELECTORAL REFORMS DROPPED
- - - - - - - - - - - - - - - - - - - -
C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000517
SIPDIS
DEPT FOR AF/W, INR/AA
BAGHDAD FOR DMCCULLOUGH
E.O. 12958: DECL: 03/25/2019
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: COUNCIL OF STATE FURTHER WEAKENS
ELECTORAL REFORM PROPOSALS
REF: ABUJA 445
Classified By: Political Counselor Walter N.S. Pflaumer for reasons 1.4
(b) and (d)
MORE PROPOSED ELECTORAL REFORMS DROPPED
- - - - - - - - - - - - - - - - - - - -
1. (C) On March 24, President Yar'Adua presented the White
Paper on electoral reform to the Council of State (a
constitutionally established consultative body with over 50
members including, inter alia, the President, VP, all 36
serving Governors, all former Heads of Government, all former
Chief Justices, the Senate President and House Speaker).
While the Council's role is purely advisory, the Nigerian
constitution requires the President to consult it on certain
issues, one of which is on matters relating to the
Independent National Electoral Commission (INEC). As
reported reftel, the GON Cabinet had debated the proposals of
the Electoral Reform Committee (ERC) for two weeks, then, on
March 11, decided to drop several of the ERC's recommended
reforms, in particular those which were seen to limit the
President's influence over INEC. The White Paper which
Yar'Adua referred to the Council was drafted by Attorney
General Aondoakaa and embodied this reduced list.
2. (C) After several hours of discussion, the Council of
State decided to endorse most of the Aondoakaa draft White
Paper, but drop two more of what had been seen as major ERC
recommendations, one to abolish the State Independent
Electoral Commissions (SIECs) which now run state and local
level elections, as well as one to provide a six-month period
after the elections, but before the winners were sworn in, in
which all election challenges had to be resolved. The first
of these was dropped at the insistence of the Governors, who
make up a majority on the Council (Comment: And who clearly
were as eager to keep control of the state-level electoral
process as the people around President Yar'Adua are to
maintain their influence over the national polls. End
comment).
WHAT'S LEFT?
- - - - - -
3. Comment: There are still a few worthwhile reforms left in
the package of proposed constitutional amendments and other
bills which the Presidency is about to submit to the National
Assembly. While eight of the members of INEC (the Chairman,
Deputy and representatives of Nigeria's six geopolitical
zones) will be nominated by the President, there will at
least be five more who come from shortlists prepared by
labor, women's groups, Civil Society organizations, the Bar
Association and the media. In addition, INEC's revenue will
be established as a "first charge" in the budget, free from
Presidential control. Some reforms intended to make
political parties more democratic have also been maintained.
Most of these changes will, however, require constitutional
amendment, which in Nigeria is a very difficult and lengthy
process involving endorsement by 2/3 of both houses of the
National Assembly as well as that of 2/3 of the state houses
of assembly (FYI: there have so far been no successful
amendments of the 1999 constitution. End FYI).
4. (C) These few possible improvements are, in any case,
considerably outweighed in terms of importance by the key ERC
proposals which have now been dropped. In addition to the
Presidency's maintaining control over the nomination of most
of INEC's members, efforts have been dropped to put the
burden of proof on INEC to show that elections were free and
fair, or to require that election challenges be resolved
before the "winners" are sworn in. Other proposals, such as
moving from a first-past-the-post constituency system to one
with an element of proportional representation have also been
rejected. All in all, the prospects for meaningful electoral
reform, particularly if we are speaking about changes in time
for the next elections, are looking incereasingly bleak. In
reaction to the Council's further watering down of the ERC
proposals, the Conference of Nigerian Political Parties, an
opposition umbrella group, released a statement declaring
ABUJA 00000517 002 OF 002
that: "the high expectation Nigerians had that their votes
would count in 2011 ... has vanished." End comment.
5. (U) This cable was coordinated with Consulate Lagos.
SANDERS
SIPDIS
DEPT FOR AF/W, INR/AA
BAGHDAD FOR DMCCULLOUGH
E.O. 12958: DECL: 03/25/2019
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: COUNCIL OF STATE FURTHER WEAKENS
ELECTORAL REFORM PROPOSALS
REF: ABUJA 445
Classified By: Political Counselor Walter N.S. Pflaumer for reasons 1.4
(b) and (d)
MORE PROPOSED ELECTORAL REFORMS DROPPED
- - - - - - - - - - - - - - - - - - - -
1. (C) On March 24, President Yar'Adua presented the White
Paper on electoral reform to the Council of State (a
constitutionally established consultative body with over 50
members including, inter alia, the President, VP, all 36
serving Governors, all former Heads of Government, all former
Chief Justices, the Senate President and House Speaker).
While the Council's role is purely advisory, the Nigerian
constitution requires the President to consult it on certain
issues, one of which is on matters relating to the
Independent National Electoral Commission (INEC). As
reported reftel, the GON Cabinet had debated the proposals of
the Electoral Reform Committee (ERC) for two weeks, then, on
March 11, decided to drop several of the ERC's recommended
reforms, in particular those which were seen to limit the
President's influence over INEC. The White Paper which
Yar'Adua referred to the Council was drafted by Attorney
General Aondoakaa and embodied this reduced list.
2. (C) After several hours of discussion, the Council of
State decided to endorse most of the Aondoakaa draft White
Paper, but drop two more of what had been seen as major ERC
recommendations, one to abolish the State Independent
Electoral Commissions (SIECs) which now run state and local
level elections, as well as one to provide a six-month period
after the elections, but before the winners were sworn in, in
which all election challenges had to be resolved. The first
of these was dropped at the insistence of the Governors, who
make up a majority on the Council (Comment: And who clearly
were as eager to keep control of the state-level electoral
process as the people around President Yar'Adua are to
maintain their influence over the national polls. End
comment).
WHAT'S LEFT?
- - - - - -
3. Comment: There are still a few worthwhile reforms left in
the package of proposed constitutional amendments and other
bills which the Presidency is about to submit to the National
Assembly. While eight of the members of INEC (the Chairman,
Deputy and representatives of Nigeria's six geopolitical
zones) will be nominated by the President, there will at
least be five more who come from shortlists prepared by
labor, women's groups, Civil Society organizations, the Bar
Association and the media. In addition, INEC's revenue will
be established as a "first charge" in the budget, free from
Presidential control. Some reforms intended to make
political parties more democratic have also been maintained.
Most of these changes will, however, require constitutional
amendment, which in Nigeria is a very difficult and lengthy
process involving endorsement by 2/3 of both houses of the
National Assembly as well as that of 2/3 of the state houses
of assembly (FYI: there have so far been no successful
amendments of the 1999 constitution. End FYI).
4. (C) These few possible improvements are, in any case,
considerably outweighed in terms of importance by the key ERC
proposals which have now been dropped. In addition to the
Presidency's maintaining control over the nomination of most
of INEC's members, efforts have been dropped to put the
burden of proof on INEC to show that elections were free and
fair, or to require that election challenges be resolved
before the "winners" are sworn in. Other proposals, such as
moving from a first-past-the-post constituency system to one
with an element of proportional representation have also been
rejected. All in all, the prospects for meaningful electoral
reform, particularly if we are speaking about changes in time
for the next elections, are looking incereasingly bleak. In
reaction to the Council's further watering down of the ERC
proposals, the Conference of Nigerian Political Parties, an
opposition umbrella group, released a statement declaring
ABUJA 00000517 002 OF 002
that: "the high expectation Nigerians had that their votes
would count in 2011 ... has vanished." End comment.
5. (U) This cable was coordinated with Consulate Lagos.
SANDERS