NIGERIA: APPEALS COURT REJECTS ELECTION TRIBUNAL VERDICT

UNCLAS LAGOS 000171

SENSITIVE
SIPDIS

DOE FOR GPERSONS, CHAYLOCK
TREASURY FOR DPETERS, RHALL, RABDULRAZAK
COMMERCE FOR KBURRESS
USDOC FOR 3130/USFC/OIO/ANESA/DHARRIS
STATE PASS USTR FOR LISER, AGAMA
STATE PASS USAID FOR NFREEMAN, GBERTOLIN
STATE PASS OPIC FOR ZHAN, MSTUCKART
STATE PASS TDA FOR LFITTS, PMARIN
STATE PASS EXIM FOR JRICHTER

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM NI
SUBJECT: NIGERIA: APPEALS COURT REJECTS ELECTION TRIBUNAL VERDICT
AND ORDERS A RETRIAL


1. (SBU) SUMMARY: A Federal Appeals Court has ordered a new hearing
into allegations by Action Congress (AC) candidate Rauf Aregbesola
that vote rigging and ballot tampering led to the April 14, 2007
election of Osun State Governor Olagunsoye Oyinlola of the Peoples
Democratic Party (PDP). The court ruled that the election
tribunal's failure to accept vital documentary evidence presented by
Aregbesola amounted to a miscarriage of justice. It directed the
President of the Appeals court to constitute a new election panel to
re-examine the petition. Unless, in the course of electoral reform,
the electoral review process is also fixed, corrupt politicians will
continue to use the lengthy court process to delay their removal
from office. End summary


2. (U) On March 30, a Federal Court of Appeal rejected a ruling by a
lower court and ordered a retrial of the petition filed by AC
candidate Rauf Aregbesola challenging the outcome of the April 14,
2007 election of Governor Olagunsoye Oyinlola in Osun State. The
Court directed the President of the Appeals Court to establish
another tribunal to re-visit the case. In its decision, the federal
court determined that the lower court erred when it rejected vital
documents, including a certified police report, presented by
Aregbesola's lawyers. It chided the tribunal for rejecting a
forensic expert's report demonstrating multiple thumb printing of
ballot papers and other irregularities during the election. The
court described the tribunal's decision to uphold the election
Governor Oyinlola and its treatment of Aregbesola's petition as
"tainted, perverse and lacking in substantial justice".


3. (U) On July 15, 2008, the election tribunal had dismissed
Aregbesola's petition on the grounds that he could not provide
credible evidence to support his claim of irregularities during the
election and upheld the April 14, 2007 election of Governor
Oyinlola. The tribunal ruling was delivered amidst media
allegations that the tribunal judges had improper dealings with
Governor Oyinlola's attorneys. A national newspaper reported that
it has evidence of several telephone conversations between the
judges and the Governor's lawyers. Following this allegation,
Aregbesola's legal team requested that the tribunal members
disqualify themselves from the trial and allow a new team to take
over. The tribunal dismissed the lawyers' petition and delivered
its judgment on July 15.


4. (SBU) COMMENT: The Appeals court ruling on this case is unique in
its ordering of a retrial of a previous process that lasted more
than a year. Going by the long delays witnessed during similar
trials, the setting up of a new tribunal and the retrial of
Aregbesola's petition could take yet another year. Any appeal
arising from that process could take another six months. Should his
election be overturned at the end of this process, Governor Oyinlola
will have served nearly a full term as a wrongful winner of an
election. Without an electoral reform that properly addresses this
flaw in the appeal process, powerful politicians and political
office seekers would consider it prudent to manipulate elections in
their favor believing that they would at least occupy their
positions for a significant period while their cases are argued in
the courts. This is clearly not the goal of any credible electoral
review process. End summary