US embassy cable - 04ABUJA539

UNCLAS SECTION 01 OF 02 ABUJA 000539 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KDEM, NI 
SUBJECT: JUDGMENT OF YOLA -- PDP GOVERNOR'S ELECTION 
NULLIFIED 
 
REF: A. ABUJA 523 
 
     B. ABUJA 519 
 
SENSITIVE BUT UNCLASSIFIED, NOT FOR PUBLICATION ON THE 
INTERNET OR INTRANET. 
 
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SUMMARY 
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1. (U) An election tribunal on March 24 nullified the 
election of PDP Governor Bonie Haruna, VP Atiku's protege, in 
Atiku's home Adamawa state.  The judgment delivered in Yola 
amidst tight security and police intimidation was a unanimous 
decision of the five-judge panel that the April 19, 2003 
election in Adamawa was marred by irregularities and that 
INEC had not complied with the provisions of the Electoral 
Act.  The tribunal ordered fresh elections in fourteen local 
government areas while accepting the results in four others 
that ANPP candidate Modibbo did not dispute, and did not say 
the ANPP had won the 2003 election.  The PDP has not tipped 
its hand whether it will appeal the Yola decision. 
Nevertheless, the ANPP gained new hope for the similar suit 
of its losing presidential candidate Buhari against the 
elections for President/VP held with the gubernatorial 
elections on the same day, April 19, across Nigeria (Ref A). 
The ruling could also add more tension to Nigeria's March 27 
Local Government Area elections (Ref B), which in most places 
will be contested by the PDP and ANPP.  End Summary. 
 
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LAYING DOWN THE LAW 
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2. (U) Justice Zanna Kashim, at the head of a reconstituted 
Elections Tribunal for Adamawa State, on 24 March nullified 
the election of Bonie Haruna.  Security measures taken by the 
Government prior to the judgment had created fear and tension 
among the Adamawa's citizens that the court's decision would 
be rigged.  Kashim surprised them, delivering a unanimous 
tribunal decision that also accused the 
"government-controlled INEC" and others of failing to 
impartially conduct the election. 
 
3. (U) The trial session was initially scheduled for 8am.  By 
7, hundreds of ANPP supporters had assembled at the 
courtroom.  Police dispersed the crowd with sporadic gunshots 
in the air.  The police commissioner, Hafiz Ringim summoned 
the ANPP petitioner Adamu Modibbo to tell him the judgment 
would be rendered at 2:00 instead, and tell Modibbo to return 
to the police station for an escort to the court.  He also 
told Modibbo that only twenty ANPP supporters would be 
allowed into the court to witness the decision.  But by the 
time Moddibo and his Ringim-led convoy arrived at the hall, 
the place was packed with his supporters.  Moddibo had to 
come out of his vehicle to address supporters who refused to 
leave the scene and were already throwing "pure water" bags 
at the building. 
 
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REACTIONS 
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4. (SBU) Speaking with confidence and clarity in spite of the 
absence of a microphone, Kashim's judgment was sprinkled with 
legal terms, articulate logic and a strong sense of humor 
that kept his audience spellbound for the four hours it took 
to read the decision.  As Kashim read the judgment, his words 
sparked spontaneous cheers and jubilation in the courtroom. 
Modibbo's supporters mobbed his house afterwards, 
congratulating him and praising "God for the victory".  An 
obviously elated Modibbo told PolSpecialist "We have always 
maintained that these people (PDP) cannot win elections in a 
free and fair contest, only by rigging; this judgment shows 
that some conscientious judges remain in the judiciary in 
spite of public cynicism."  When reminded that Governor 
Haruna can appeal against the judgment, Modibbo responded 
confidently, "If they like, they can go the International 
Court of Justice; as long as the court would fairly listen to 
own side of the story, they cannot triumph!" 
 
5. (U) Governor Haruna made a broadcast to the state on the 
morning of March 25 that he was still the chief executive 
governor, regardless of the previous day's verdict. 
Describing the verdict as "unfair," Haruna highlighted his 
options of appealing against the judgment, or complying with 
it and contesting new elections.  "My party and the 
Government are analyzing the two options; we shall dutifully 
inform you of our stand whenever we reach our conclusion," 
Haruna said.  He then went on to accuse the opposition of 
"plotting to destabilize the peaceful co-existence" of 
Adamawa. 
 
6. (U) The police in Yola reportedly fired tear-gas canisters 
and beat people with batons who assembled to stage a public 
rally on March 25 in support of the judgment and Modibbo. 
 
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THE JUDGMENT 
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7. (SBU) Justice Kashim apologized that he could not bring 
copies of the judgment but promised to make it available 
within a few days.  In his reading, Kashim said that the 
petitioner had challenged the election on two grounds: 
electoral malpractices and noncompliance with the Electoral 
Law.  "The petitioner has sufficiently proved his case beyond 
reasonable doubt."  Kashim noted that that the petitioner had 
brought before the tribunal oral and documentary evidence to 
prove the allegations against Bonie Haruna and the 
"Independent National Electoral Commission" (INEC), and 
Haruna and INEC had not rebutted them.  (NOTE:  A source 
close to the tribunal told PolSpecialist that 776 documentary 
exhibits were tendered and admitted.)  Kashim said most of 
the defense testimony lacked merit and in many cases was 
contradictory.  After careful examination of all the evidence 
and oral testimonies, the tribunal was convinced that "the 
first respondent (Governor Haruna) as declared by the second 
respondent (INEC) was not validly elected and his election is 
hereby nullified." 
 
8. (U) Kashim quoted extensively from the Electoral Act in 
supporting the claims of the petitioner that provisions of 
the Act were not applied during the elections.  The problems 
highlighted included voter intimidation, non-compliance with 
INEC's own electoral guidelines, and denial of the 
opportunity to eligible voters to cast ballots.  Justice 
Kashim said "glaring alterations, mutilation and 
cancellations" of registration cards were made by INEC 
officials "to confer undue advantage" to Haruna. 
 
9. (U) The tribunal discovered many polling stations where 
there was one hundred percent turnout or more, and Justice 
Kashim emphasized that "it does not take a mathematical 
genius" to know that most of the figures were wrong.   He 
cited an example of one ward where 100 percent turnout was 
recorded, including a legislator, Alexander Chom, who was 
well known to have died before the election.  One witness had 
told the tribunal "I had to exhaust the registration cards 
given me because the person who gave me the job instructed me 
to do so."  Kashim said the Electoral Act states "Where the 
votes cast at an election in any Constituency or Polling 
Station exceed the number of registered voters in that 
Constituency or Polling Station, the election for that 
Constituency or Polling Station shall be declared null and 
void by the Commission (INEC) and another election shall be 
conducted at a date to be fixed by the Commission."  By their 
ruling, the tribunal has ordered INEC to set a new election. 
 
10. (U) Kashim also said that Modibbo had proved that some 
INEC employees were Haruna's supporters and card-carrying PDP 
members, when the Electoral Act does not allow supporters or 
members of parties contesting the elections to work the 
elections for INEC.  Kashim cited the attendance records 
submitted by Modibbo for the "Bonie Solidarity Group," 
Haruna's re-election committee, and the INEC assignment 
sheets for the elections carrying the same names. 
 
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COMMENT 
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11. (SBU) Although the judgment can be appealed, its timing 
was bad for the ruling PDP.  Thousands of Local Government 
Area (LGA) seats are up for election March 27 across the 
country, and ANPP candidate Buhari's suit against President 
Obasanjo's election is still in court.  The national 
President/VP/Governor elections were held together on April 
19, 2003.  While the tribunal did not specify that the 
presidential election was invalid in Adamawa, it and the 
gubernatorial race were assumedly subject to the same 
"malpractices and non-compliance" that day.  The Adamawa 
tribunal's emboldening the opposition will raise the 
potential for clashes in the runup and aftermath of LGA 
elections this Saturday, whether the ruling PDP appeals the 
tribunal's decision or not.  The tribunal's decision against 
his protege may also weaken VP Atiku against his rivals 
inside as well as outside the ruling PDP. 
ROBERTS