US embassy cable - 05ABUJA1535

C O N F I D E N T I A L ABUJA 001535 
 
SIPDIS 
 
E.O. 12958: DECL: 08/19/2015 
TAGS: PREL, PGOV, MARR, MOPS, KTIA, NI, KICC 
SUBJECT: NIGERIAN SENATE CALLS FOR ARTICLE 98 AGREEMENT TO 
BE ANNULLED, PRESIDENT UNLIKELY TO RESPOND 
 
REF: A. 03 ABUJA 1373 
     B. ABUJA 1119 
 
Classified By: Ambassador John Campbell for Reasons 1.4 (b) and (d) 
 
1.  (C) Summary:  The Nigerian Senate passed a resolution 
requesting that President Obasanjo rescind Nigeria's Article 
98 Agreement because the National Assembly was not consulted 
before the agreement was signed.  However, the GON determined 
at the time of signing that it was an executive agreement and 
that there was no need for National Assembly ratification 
(Ref A), so we think it unlikely that the President will take 
any action on the Senate's resolution.  End Summary. 
 
2.  (U)  On August 16, the Nigerian Senate passed a 
resolution requesting that President Obasanjo rescind 
Nigeria's Article 98 Agreement because the National Assembly 
was not consulted before the agreement was signed on June 30, 
2003, by the Nigerian Solicitor-General and the former U.S. 
Ambassador.  The resolution requested that President Obasanjo 
give the U.S. one year's notice of intent to terminate the 
agreement.  Some news reports incorrectly stated that the 
Senate had itself "nullified" or "rescinded" the agreement. 
In fact, the Senate's resolution is not binding upon the 
President. 
 
3.  (U) Background:  At the time the agreement was signed, 
the Nigerian Solicitor-General (the highest ranking civil 
servant in the Ministry of Justice and the official who 
executed the Article 98 Agreement on behalf of the GON) I.A. 
Ayua indicated in a July 14, 2003, letter to former 
Ambassador Jeter that the GON had deemed the Article 98 
agreement an executive agreement.  Thus, there would be no 
need to seek National Assembly ratification.  End Background. 
 
4.  (C) Comment:  We think it unlikely that the President 
will take any action on the Senate's recommendation. 
President Obasanjo has established a track record of making 
decisions without seeking the National Assembly's approval, 
for which the National Assembly occasionally threatens the 
President with impeachment.  The most likely result of this 
resolution, we think, is that the President will ignore it, 
and one more count will be added to the ongoing feeble 
impeachment move (Ref B), currently stalled in the House. 
Effectively, the Senate's resolution is its way of telling 
the President, "you can't do that," to which the President is 
likely to reply, "I just did."  End Comment. 
CAMPBELL