Identifier
Created
Classification
Origin
88LAGOS17750
1988-11-30 15:07:00
CONFIDENTIAL
Consulate Lagos
Cable title:  

NIGERIA: REACTION TO CESSATION OF SHARIA DEBATE

Tags:  PGOV KISL NI 
pdf how-to read a cable
P 301507Z NOV 88
FM AMEMBASSY LAGOS
TO SECSTATE WASHDC PRIORITY 7072
INFO AMCONSUL KADUNA PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 LAGOS 17750 

E.O. 12356: DECL: OADR
TAGS: PGOV KISL NI
SUBJECT: NIGERIA: REACTION TO CESSATION OF SHARIA DEBATE

REF: LAGOS 17683

C O N F I D E N T I A L SECTION 01 OF 02 LAGOS 17750

E.O. 12356: DECL: OADR
TAGS: PGOV KISL NI
SUBJECT: NIGERIA: REACTION TO CESSATION OF SHARIA DEBATE

REF: LAGOS 17683


1. (C) SUMMARY: INITIAL PUBLIC RESPONSE TO THE
FEDERAL MILITARY GOVERNMENT'S (FMG) DECISION TO HALT
DEBATE ON SHARIA LAW IN THE CONSTITUENT ASSEMBLY HAS
BEEN MUTED. CRITICISM HAS PREDICTABLY COME FROM
PARTISANS ON THE ISSUE AND THOSE OPPOSED TO MILITARY
GOVERNMENT. ATTEMPTS IN THE ASSEMBLY TO CONTEST THE
GOVERNMENT ACTION WERE QUICKLY OVERRULED AND ORDINARY
BUSINESS RESUMED. THE REACTIONS MAY PORTEND INCREASING
SKEPTICISM TOWARDS THE ASSEMBLY'S ROLE IN THE
TRANSITION; SEE COMMENT, PARA. 6. END SUMMARY.


2. (U) THE FEDERAL GOVERNMENT'S DECISION TO END DEBATE
IN THE CONSTITUENT ASSEMBLY ON THE INCLUSION OF SHARIA
LAW IN THE NEW CONSTITUTION HAS SO FAR PROVOKED LITTLE
OUTCRY FROM THE ASSEMBLYMEN OR THE PUBLIC AT LARGE.
ACCORDING TO PRESS REPORTS, MOST DELEGATES ISSUED MILD
STATEMENTS--MANY SUPPORTIVE OF THE GOVERNMENT'S
ACTION--OR REFUSED COMMENT. TYPICAL WAS THE REACTION OF
REPRESENTATIVE LAM ADESINA OF THE IBADAN SOUTH AREA OF
OYO STATE, WHO WAS QUOTED IN THE NOVEMBER 29 EDITION OF
THE INFLUENTIAL LAGOS DAILY, "GUARDIAN," AS SAYING THAT
THE GOVERNMENT'S INTERVENTION WAS "IN ORDER." HE ADDED
THAT "ANY GOOD GOVERNMENT WOULD DO EXACTLY WHAT THE
BABANGIDA ADMINISTRATION DID" TO BREAK THE SEVEN-WEEK
DEADLOCK OVER THE ISSUE. THE SAME PAPER QUOTED EMBASSY
CONTACT OLABIYI DURAJAIYE (REFTEL) FROM IDEJU SOUTH,
OGUN STATE, AS SAYING THAT THE ASSEMBLY "GOT WHAT WE
DESERVE" FOR NOT MOVING FASTER TOWARD A COMPROMISE.


3. MUCH OF THE CRITICISM FROM THE LAWMAKERS WAS COUCHED
IN MODERATE TERMS. ACCORDING TO THE NOVEMBER 29 EDITION
OF THE "PUNCH" NEWSPAPER, MALLAM ABBA DABO, A STRONG
ADVOCATE OF SHARIA FROM KANO, CALLED THE GOVERNMENT
ACTION "SAD AND UNFORTUNATE." HE ASSERTED THAT,
CONTRARY TO GOVERNMENT ALLEGATIONS, THE POLITICAL ELITE
IS CAPABLE OF REACHING CONSENSUS ON CONTROVERSIAL
SUBJECTS, BUT CONCEDED THAT THE ASSEMBLY WAS CULPABLE TO
THE EXTENT OF CREATING AN "IMPRESSION OF DISHARMONY"
THROUGH THE INORDINATE LENGTH OF THE DEBATE. OTHER
MEMBERS, HOWEVER, WERE MORE FORTHRIGHT. THE "GUARDIAN"
QUOTED SAMUEL FAGOYINBO (MUSHIN CENTRAL, LAGOS) AS
DECLARING THE MOVE A "CLEAR RAPE OF DEMOCRACY" AND
CHARGING THAT "THE FACT THAT THE RIGHT TO FASHION A
DEMOCRATIC DOCUMENT HAS BEEN TAKEN AWAY FROM THE
ASSEMBLY DOES NOT AUGUR WELL FOR THE COUNTRY."


4. (U) OTHER SIGNIFICANT VOICES OF DISSENT CAME FROM
PARTISANS IN THE SHARIA LAW DEBATE OUTSIDE THE
ASSEMBLY. NOTABLE AMONG THEM WAS A STATEMENT IN THE
NOVEMBER 29 "GUARDIAN" BY ANTHONY O. OKOGIE, ARCHBISHOP
OF LAGOS AND PRESIDENT OF THE CHRISTIAN ASSOCIATION OF
NIGERIA (CAN),WHICH QUOTED HIM AS SAYING THAT THE
GOVERNMENT SHOULD "STAY CLEAR" OF ANY DISCUSSION OF
RELIGIOUS ISSUES. "PUNCH" ALSO QUOTED NOTED
CONSTITUTIONAL LAWYER--AND OPPONENT OF MILITARY
RULE--OLU ONAGORUWA AS STATING SARCASTICALLY THAT THE
GOVERNMENT SHOULD DISSOLVE THE ASSEMBLY ENTIRELY AND
PUBLISH ITS OWN "PRE-CONCEIVED CONSTITUTION."


5. (U) ACCORDING TO THE PRESS ACCOUNTS, THE ASSEMBLY
PROCEEDINGS ON THE DAY AFTER THE GOVERNMENT ANNOUNCEMENT
WERE ORDERLY. THERE WERE SOME TENTATIVE EFFORTS TO
RAISE THE GOVERNMENT ORDER FOR DEBATE ON THE FLOOR,
INCLUDING ONE ON THE PART OF EMBASSY CONTACT GAIUS YARO
OF BAUCHI STATE (REFTEL) TO THE EFFECT THAT THE MOVE
CONTRADICTED THE GOVERNMENT'S OWN DECREE IN ESTABLISHING
THE ASSEMBLY. ANOTHER MEMBER ALSO CHALLENGED THE
AUTHORITY OF AIKHOMU'S SPEECH TO ALTER THAT DECREE SINCE
THE SPEECH IS NOT A LEGAL DOCUMENT AND CARRIES NO
OFFICIAL WEIGHT. CHAIRMAN ANIAGOLU RULED, HOWEVER, THAT
THE SPEECH WAS IN ORDER AND SUFFICED TO REMOVE SHARIA
FROM THE ASSEMBLY'S AREA OF DELIBERATION. ACCORDING TO
THE REPORTS, THE ASSEMBLY THEN PROCEEDED WITH ITS
METHODICAL CLAUSE-BY-CAUSE CONSIDERATION OF THE DRAFT
CONSTITUTION WITHOUT FURTHER INTERRUPTION.

-

6. (C) COMMENT: SHARIA'S SUDDEN REMOVAL FROM THE
ASSEMBLY'S PURVIEW APPEARS TO HAVE BEEN GREETED WITH
RESIGNATION IN SOME QUARTERS, AND DISCRETION AND
CYNICISM IN OTHERS. THERE IS LITTLE IN THE PUBLIC
RESPONSE TO DATE TO SUGGEST THAT THE ISSUE WILL BE
REKINDLED IN THE ASSEMBLY OR IN ANY OTHER INFLUENTIAL
FORUM. THE QUESTION REMAINS, HOWEVER, WHETHER SUCH
RESIGNATION IS SPECIFIC TO THE GOVERNMENT'S ACTION IN
THIS ONE INSTANCE OR, AS WE SUSPECT, WILL CARRY OVER TO
OTHER ASPECTS OF THE ASSEMBLY'S DELIBERATIONS AS WELL.
WHILE SOME MEMBERS OF THE PUBLIC MAY RALLY TO THE
ASSEMBLY IN OPPOSITION TO MILITARY INTRUSION INTO THE
CONSTITUTIONAL PROCESS, WE BELIEVE THAT THE ASSEMBLY HAS
PROBABLY LOST STATURE THROUGH NOT FULFILLING THE POPULAR
HOPE THAT A CIVILIAN INSTITUTION, ALBEIT FUNCTIONING
UNDER STRAITENED CIRCUMSTANCES, CAN DEMONSTRATE A
CAPACITY FOR COOPERATIVE AND RESPONSIBLE LEADERSHIP ON
ISSUES OF CRITICAL IMPORT.


LYMAN