Niger: Detained Ex-Parliamentarians Appear in Court

UNCLAS SECTION 01 OF 02 NIAMEY 000646 DEPT FOR AF/W AND AF/RSA; PLS PASS TO USAID FOR AFR/W ACCRA ALSO FOR USAID/WA ADDIS ABABA FOR USAU - J MAYBURY PARIS FOR AFRICA WATCHER SIPDIS E.O. 12958: N/A TAGS: PGOV KDEM SOCI PHUM KCOR NG SUBJECT: Niger: Detained Ex-Parliamentarians Appear in Court Ref: Niamey 00640 NIAMEY 00000646 001.2 OF 002 ¶1. Summary: On September 7-8, about 30 former National Assembly Deputies arrested for allegedly receiving "undue amounts" (reftel) appeared before the investigating judge at the Niamey Tribunal. While President Tandja's supporters welcome this as an "operation clean hands" (to combat corruption),the defendants denounce the operation as a "witch hunt." As a result of the hearing sessions three former lawmakers were jailed and 28 were granted provisional release. End summary. -------------- -------------- Top Ex-Parliamentarians Accused of Various Fraud Counts -------------- -------------- ¶2. During the period of September 3-5, the police arrested about 30 former parliamentarians, mainly deputies who served on the National Assembly Executive Board or as heads of commissions and caucuses. Several staff members, including the Speaker's Director of Cabinet, the Secretary General and his deputy, and the Finance and Accounting Manager, as well as two businessmen, also were detained. These arrests occurred as a result of an interim administrative audit on the National Assembly, which was submitted to the state prosecutor. The report found fake tenders, invoices, travel orders, and medical evacuation for an estimated amount of FCFA 18 billion (USD 40 million; current exchange rate 455 FCFA = USD 1). Also, the National Assembly continued to receive some allowances that the Constitutional Court ruled illegal in June 2008. Consequently, the prosecutor decided to launch a judicial investigation over the "embezzlement of public funds and breaching equal access to public tenders." -------------- -------------- Opposition Coalition Rejects Charges, Counter-Attacks -------------- -------------- ¶3. The opposition under the Coordination of Forces for Democracy and the Republic (CFDR) denounced this move as an operation aimed at discouraging and muzzling democratic forces in order to quash any anti-government action. On September 5, the CFDR labeled the operation a "witch hunt with intimidation, arbitrary arrests and imprisonment, flouting the respect for basic judicial procedures" and "a fallacious pretext... [by] Tandja to divert State law enforcement resources for purposes of settling political scores." The CFDR demanded an "investigation on alleged corruption and influence peddling involving Tandja's family, namely his son Papa Tandja and his brother Brah Tandja. The CFDR also raised the issue of a foreign company, "Trendfield that at present is exclusively in Mauritania and Niger, and has interests in uranium, gold, iron, etc..." According to CFDR, President Tandja refrains from taking any action against his family whom the opposition accuses of "corruption, influence peddling, and vested interests in violation of article 41 of the August 1999 constitution." The CFDR's claims also noted "the conclusions without any response [from the Executive] of the Parliamentary Investigation Commission on the exploitation of Samira Goldmine, and opaque management of the [President's] Special Program." The CFDR called the Nigerian people to "resistance by all means provided by the constitution of the Fifth Republic." ¶4. Former National Assembly Speaker Mahamane Ousmane said that the recent arrests were "political... in order to punish or embarrass those who do not support the illegal and anti-constitutional referendum process." He went on to say that "there are internal procedures to examine the management of the National Assembly, to take sanctions, etc. It is not incumbent on the government to control the Assembly's management. The constitution provides for the other way around. It is the parliament that checks the government's action. This is the world upside down." -------------- Lawyers Define a Line of Defense -------------- ¶5. September 5, lawyers for the defense of the ex-Deputies stated their clients should benefit from the principle of the presumption of innocence until proven guilty. They further expressed surprise that the state audit on the National Assembly was directly transmitted to the prosecutor without being notified to the ex-parliamentarians; therefore the principle of arguments on both sides has not been observed. Lawyers questioned if all the people arrested had granted contracts, benefitted from medical evacuations, NIAMEY 00000646 002.2 OF 002 or unsigned travel orders. They also pointed out that the equality of all citizens before the law had not been respected. They noted the audit followed the Constitutional Court ruling on June 13, 2008, which declared as non-compliant with the Constitution the deliberation on which the Deputies received their salaries and other allowances; but the Court had not said that these deliberations were illegal, or constituted an act of embezzlement. Moreover, the lawyers noted that the same jurisdiction had declared illegal the constitutional referendum plan, but the president bypassed the ruling and held the referendum anyway. They also mentioned the overbilling on the purchase of police motorcycles involving the president's brother, who was not prosecuted. Finally, they expressed the hope that the judicial chain (from the lower court to the Supreme Court) would be independent and not serve as "the secular arm to settle scores." -------------- The Free and the Unfree -------------- ¶6. After two days of individual hearings, the investigating judge granted provisional release to 28 former National Assembly parliamentarians. Three others Deputies including Raja Chaibou, Zanaidou Gado Sabo (Parliament's Chief Treasurer),and Ibrahim Aball (Deputy Treasurer) were arraigned and transferred to Niamey Prison pending further investigation. The National Assembly Speaker's Director of Cabinet, the Financial and Accounting Director, and a private vendor also have been transferred to the prison. -------------- Comment -------------- ¶7. Some analysts view these arrests as an attempt to improve the government's image tarnished by the controversial referendum with a "fight against corruption." Others, however, view the arrests as no more than removal of politicians who may cause problems to the Sixth Republic. End Comment. ALLEN