US embassy cable - 02ABUJA1029

C O N F I D E N T I A L ABUJA 001029 
 
SIPDIS 
 
 
E.O. 12958: DECL: 3/26/2012 
TAGS: PGOV, PHUM, NI 
SUBJECT: NIGERIA: SUPREME COURT OVERTURNS LOCAL 
GOVERNMENT EXTENSIONS 
 
 
CLASSIFIED BY AMBASSADOR HOWARD F. JETER; REASON 1.5 (D). 
 
 
1. (U) On March 28, the Nigerian Supreme Court ruled 
that the National Assembly had overstepped its 
constitutional authority in enacting the electoral law 
that, in effect, extended the tenure of local 
government officials by rescheduling local government 
elections from April 2002 to 2003. In a lengthy 
twenty-eight page decision, the court concluded the 
National Assembly was not entitled to amend the tenure 
of the local government officials or change the date 
for local government elections. The authority to amend 
local government tenures resides in State Assemblies, 
according to the Court. 
 
 
2. (U) Pursuant to the judgment, local government 
terms remain at three years as mandated by the 
constitution instead of the four years contemplated by 
the electoral law.  This means that incumbents must 
vacate their offices by May 29, 2002. However, the 
ruling did not address what happens after May 29.  To 
prevent a nationwide vacancy at the local government 
level, either elections have to take place in the next 
few weeks or the governors will exercise their 
executive authority to appoint interim officials until 
electoral preparations can been finalized.  The latter 
prospect pleases many state Chief Executives who would 
like nothing better than to place cronies in the local 
government positions in order to make the path 
smoother for their own reelection bids in 2003. 
 
 
3. (C) Due to a variety of legal requirements and 
logistical constraints, it is highly unlikely that 
elections can be held before May 29.  It is more 
likely that the Governors will appoint interim local 
officials until these legal and logistical 
requirements can be met. (A more complete analysis of 
these hurdles will follow Septel.) 
 
 
4. (C) COMMENT: Today was a good day for Nigerian 
constitutional jurisprudence. For many reasons, it 
would have been more expedient for the Court to affirm 
the electoral law. However, the Justices appeared to 
be guided more by legal reasoning than extraneous, 
albeit pragmatic, political and logistical concerns. 
The decision was legally sound and one we had forecast 
in previous reporting. However, the judgment raises 
new concerns -- particularly regarding voter and party 
registration for the local elections -- to replace the 
concerns it resolved.  How INEC and the GON handle 
these issues will determine whether today's ruling not 
only helped clarify the separation of state and 
federal legislative powers but also whether it helped 
to lend some needed credibility to the electoral 
process. 
JETER