NIGERIA: PP7750 AND CORRUPTION 212(F)

S E C R E T SECTION 01 OF 03 ABUJA 000895

SIPDIS

STATE FOR INL/C, CA/VO, AF/W, INL/AAE, AND INR
USEU FOR MCANULTY
BAGHDAD FOR DMCCULLOUGH

E.O. 12958: DECL: 05/13/2017
TAGS: CVIS KCRM PGOV KCOR NI
SUBJECT: NIGERIA: PP7750 AND CORRUPTION 212(F)

REF: STATE 81854

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Classified By: Political Counselor Walter Pflaumer for reasons 1.4. (b
& d).


1. (C) Summary: On February 10, 2009, U.S. Mission to
Nigeria PP7750 Interagency Committee unanimously agreed to
target Ayodele Peter Fayose for visa ineligibility, invoking
Presidential Proclamation 7750 (PP7750). Fayose is the
impeached former Governor of Ekiti state, who is reliably
believed to have been personally responsible for the theft of
tens of millions of dollars in development funds, and who was
reliably alleged to be responsible for considerable political
violence in his state. Fayose meets the "triggering event"
requirement, having recently applied for a non-immigrant visa
on February 13, as well as the requirement that the 7750
candidate's actions have an adverse effect on one of the U.S.
national interests listed in Section 4 of PP7750. In
addition, we believe that this case could help demonstrate to
the GON our seriousness about fighting corruption while at
the same time emphasizing our willingness to cooperate with
Nigeria on the operational level of the investigation. Post
therefore requests that the Department consider invoking
PP7750 and commence visa ineligibility for Ayodele Fayose and
his dependents. End Summary.

7750 TARGET: AYODELE PETER FAYOSE
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2. (C) On February 11, U.S. Mission to Nigeria's PP7750
Interagency Committee, which comprises the POL, ECON, LEGATT,
INL, CONS, RAO, and RSO sections of both Embassy Abuja and
Consulate Lagos, identified Mr. Ayodele Fayose, former
impeached governor of Ekiti State from 2003-2006, as an
eligible candidate for visa ineligibility under PP7750.
There is ample evidence from a variety of U.S. Mission
sources that Fayose has engaged in various corrupt activities
that pose a threat to the stability of Nigeria,s democratic
institutions. Fayose is now trying to acquire a U.S. visa
which we suspect is an attempt to delay, if not escape
prosecution altogether.


3. (C) Due consideration has been given to ongoing federal
investigations. The required biographic and other
information on the principle PP7750 target and immediate
dependents is detailed below:

Name (Principle Target): Fayose, Ayodele Peter
Date-Country of Birth: 15 November 1960, Nigeria
Visa: B1/B2, multiple entry, 24 months
Claims to other nationalities: none

Name (Spouse): Feyisetan Helen Olayemi Fayose
Date-Country of Birth: 08 January 1964, Nigeria
Visa: B1/B2, valid until 10 February 2010

Name (Child): Oluwajomiloju John Fayose
Date-Country of Birth: 18 February 1992, Nigeria
Visa: B2, valid until 27 July 2010

Name (Child): Ayorogbayimika Mine Fayose
Date-Country of Birth: 01 August 1995, Nigeria
Visa: B2, valid until 27 July 2010

Name (Child): Chukwuemeka Boluwatife Fayose
Date-Country of Birth: 05 November 1997, Nigeria
Visa: B2, valid until 27 July 2010

CORRUPTION
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4. (C) The GON,s Economic and Financial Crimes Commission
(EFCC) charge Fayose in December 2007 with 51-counts of money

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laundering and misuse of government funds to the tune of over
11.9 billion naira (approx. $81.2 million). According to the
EFCC, Fayose is alleged to have set up phony companies, one
of them named Biological Concepts, where he diverted 800
million naira ($5.4 million) from government contracts for a
an Ekiti state poultry project, while another 11 billion
naira ($74.8 million) is still reported missing. The EFCC
also charged Fayose for diverting the poultry project funds
to build his 25 million naira ($170,000) house in Afao Ekiti.
The EFCC is investigating Fayose's two other home purchases
in Ibadan totaling 60 million naira ($498,000),and his
conversion of 2.4 million naira ($16,327) into foreign
currency toward the purchase of a Mercedes Benz for his
mother. In addition, EFCC contract attorney Festus Keyamo
(strictly protect) said that Fayose is suspected of receiving
42 million naira ($286,000) in kickbacks for awarding
contracts to the construction of Fountain Hotel in Ibadan.


5. (S) On February 27, Lagos State Chairman of the Yoruba
political organization "Afenifere," Chief Supo Shonibare
(strictly protect),told Emboffs that Fayose was an example
of a politician so far beyond common corruption and
accusations of impropriety that Afenifere would not want to
be affiliated with him in any way. Abiodun Oyeleye (strictly
protect),human rights activist and the director of the
non-governmental organization New Initiative for Social
Development also asserted that Fayose,s corrupt governance
has been widespread. Tai Oguntayo (strictly protect),the
president of the Ekiti branch of the National Union of
Journalists (NUJ) corroborated evidence of Fayose,s
political corruption, affirming to Emboffs on March 2 that
Fayose provided stipends to people to attend his rallies and
paid journalists to write favorable stories, a standard
political practice in Nigeria.

USING VIOLENCE TO CORRUPT ELECTIONS
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6. (S) According to Shina Loremikan (strictly protect),
Director of the Committee for the Defense of Human Rights,
Zero Corruption Coalition, Fayose was directly involved in
political assassinations against political rivals in Ekiti
State, such as Tunde Omojola and Ayo Daramola, whose
murderers are well-known Fayose aides, currently serving
prison terms for these crimes. Loremikan added that Fayose
is also suspected of involvement in the attempted
assassinations of Tayi Fasuba, Chairman of Ado-Ekiti Local
Government Area (LGA),and Chief Afe Babalola who is from
Fayose's own political party. Ekiti State Chairman of
Appropriations of the State House of Assembly and former
Speaker of the House, Femi Bamishile, informed Emboffs on
various occasions that under Fayose's direction, politics in
Ekiti have become increasingly violent. Another member of
the Ekiti State House of Assembly, Churchill Adedipe
(strictly protect),confided to Emboffs on March 2 that local
people are fearful of being part of any opposition to Fayose.
Tai Oguntayo (strictly protect),the president of the Ekiti
branch of the National Union of Journalists (NUJ) told
Emboffs on March 2 that Fayose would bribe journalists to
cover up accounts of his violence and accusations of his
corruption, killings, etc. which were widely presumed to be
true.

VISA IMPLICATIONS
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7. (S) According to EFCC Chair Farida Waziri and the Chairman
of Appropriations of the State House of Assembly and former
Speaker of the House, Femi Bamishile, Fayose has made
multiple attempts to delay his court case. In December 2008,
the judge overseeing the case refused his request for a stay,
and the trial is now under way. The only circumstance which
allows a defendant to miss court hearings is if he requires

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medical treatment; however, in many cases this is only a ploy
to cause further delay in the case. Fayose, after his latest
failed attempt to delay his court hearings, is now requesting
a visa to travel to the United States for alleged "urgent
medical attention." When Fayose was impeached in 2006, he
went into hiding for at least two months, presumably abroad.
On February 13, Fayose applied for a non-immigrant visa to
travel to the United States.


8. (C) Comment: Given the appearance of backsliding on the
part of the GON in its commitment to fight corruption, the
timing is right for the U.S. to send a strong message.
Ayodele Peter Fayose is a strong candidate for PP7750
designation. He has been charged for stealing tens of
millions of dollars from the government, which was supposed
to have been allocated to economic development projects, and
has been implicated in corrupting state politics through the
promotion of political assassinations and attempted
assassinations. Invoking PP7750 for Fayose and his
dependents would underscore the USG's strong commitment to
fight corruption in Nigeria. End Comment.


9. (U) This cable has been coordinated with Consulate Lagos.
SANDERS