US embassy cable - 03ABUJA1455

C O N F I D E N T I A L ABUJA 001455 
 
SIPDIS 
 
 
E.O. 12958: DECL: 08/25/2013 
TAGS: PGOV, KDEM, NI 
SUBJECT: NIGERIA:  APPEALS COURT JUDGES SUMMONED BY OBASANJO 
 
 
Classified by Counselor James Maxstadt.  Reasons: 1.5 (B & D). 
 
 
1.  (C)  SUMMARY: Three members of Nigeria's Federal 
Appeals Court were summoned to meet with President Obasanjo 
hours after the court issued a preliminary ruling in favor 
of his ANPP Presidential opponent Buhari.  One of the 
judges claimed to Poloff that Obasanjo had "threatened" the 
judges and tried to influence the outcome of the upcoming 
trial. In the face of negative press and complaints from 
the opposition, Obasanjo's press aide claimed that the 
judges had been invited to discuss an allotment of land for 
the Appeals Court's permanent site.  Criticism of the 
elections is mounting, and even the wife of the Chief 
Justice of the Supreme Court has aired complaints.  This 
issue is still simmering but could boil over with little 
provocation.  END SUMMARY. 
 
 
2.  (U)  Nigeria's Federal Court of Appeal issued an August 
5 preliminary ruling that ANPP Presidential candidate 
Muhammadu Buhari's petition contesting the election results 
had merit and should proceed. The press has reported that 
hours later, three Appeals Court judges and the court 
registrar were summoned to Obasanjo's office to discuss the 
matter with him and his lead counsel in the case, Chief Afe 
Babalolo.  When Buhari's objections to this meeting were 
aired in the press, Obasanjo's Special Adviser on Media 
Mrs. Remi Oyo issued a statement claiming that the timing 
of the meeting was coincidental.  In fact, she said, the 
meeting was to discuss allotting land for construction of a 
permanent Federal Court in Abuja, something overlooked 
since the initial decision to begin moving the capital in 
1976.  "For the avoidance of doubt," she said, "Obasanjo 
has absolute respect for the independence of the 
judiciary." 
 
 
3.  (C)  One of the judges summoned to the meeting told 
Poloff, however, that the initial press report was 
accurate.  The judge claimed that Obasanjo had summoned the 
three judges and the registrar to ask how they could issue 
a ruling against his interests.  According to this judge, 
Obasanjo began by trying to convince them that "Nigeria's 
interests would be served by supporting" the announced 
outcome of the election.  When the group rejected 
Obasanjo's vague offers to "help" them (presumably through 
financial incentives) in return for a quick end to the 
case, the judge claimed that Obasanjo "threatened" the 
judges with legal and professional sanctions and implied 
that their "personal security could not be guaranteed." 
The judge claimed that the three stood firm and assured 
President Obasanjo of their commitment to "the rule of 
law."  The judge told Poloff that many in the judiciary 
were aware of the manipulation of electoral tribunals but 
that "some of us" are committed to "salvaging some 
semblance of dignity for the higher courts."  He expressed 
concern to Poloff over the safety of his family, citing the 
many unsolved murders with convenient political links. 
 
 
4.  (U)  Public criticism of the elections continues 
unabated.  On August 11, the wife of Supreme Court Chief 
Justice Mohammed Uwais gave a paper outlining public 
concerns.  Maryam Uwais, an attorney, delivered a paper 
calling for more participation by all Nigerians in 
assisting those in need.  Issuing a warning, she stated 
that "the voices of many were suppressed" in the election 
and that the government has only "instilled the seeds of 
discontent and future reprisals." 
 
 
5.  (C)  COMMENT:  Many court decisions on the elections 
have been based on technicalities, and some decisions were 
made without requiring INEC or the government to provide 
testimony or evidence.  Public opinion has steadily shifted 
against the government on this over the intervening months, 
and it could boil over with little provocation. 
ROBERTS