US embassy cable - 03ABUJA526

UNCLAS SECTION 01 OF 02 ABUJA 000526 
 
SIPDIS 
 
 
SENSITIVE BUT UNCLASSIFIED 
 
 
DEPT FOR INL/AAE, AF/W AND PM 
 
 
E.O. 12958:  N/A 
TAGS: SNAR, KCRM, PGOV, EAID, NI, MMAR 
SUBJECT:  MEETING WITH ANTI-CORRUPTION COMMISSION CHAIRMAN 
 
 
1. (U) On March 6, Justice Mustapha Akanbi, Chairman of the 
Independent Corrupt Practices and other Related Offenses 
Commission, (ICPC) paid a courtesy call on Ambassador 
Jeter.  Akanbi thanked the Embassy for supporting the ICPC 
and briefed us on the Senate proceedings underway to amend 
the law that created the ICPC. 
 
 
2. Justice Akanbi told the Ambassador that the Senate's 
effort to weaken the ICPC by legislative amendment was "not 
an unforeseen problem."  He recalled that the legitimacy 
and constitutionality of the Commission were challenged 
when the Commission opened its first investigation against 
a Member of the National Assembly.  The Commission 
encountered numerous obstacles after this investigation was 
launched.  The National Assembly accused the Commissioners 
of being pawns of the Executive Branch and called them to 
account for all of the Commission's funds and presented 
other distractions.  Justice Akanbi stated that most 
investigations against National Assembly Members were 
requested by other Assembly Members who presented 
documentary evidence to the Commission. 
 
 
3. (U) Akanbi contended that the ICPC was not ignoring 
corruption in the Executive Branch.  According to Akanbi, 
investigations have been initiated against at least two 
mid-level officials in the Executive. He challenged the 
Senate to send evidence against any Minister, promising to 
commence an immediate investigation upon receipt of 
credible evidence. 
 
 
4. (SBU) The Independent Corrupt Practices and Other 
Offenses Commission (ICPC) Act 2000 was a key weapon in 
President Obasanjo's avowed crusade against corruption in 
Nigeria.  Although heavily debated, the Act was eventually 
supported by both houses of the legislature and currently 
enjoys wide public support.  There were credible reports 
that numerous lawmakers accepted payments to secure their 
support for the passage of the Anti-Corruption Bill.  This 
rates as one of the greatest ironies of this lackluster 
legislative session.  Despite these original difficulties, 
the ICPC steadily began to show progress.  However, when it 
opened investigations into House Speaker Na Abba and Senate 
President Anyim, the ICPC provoked the ere of the National 
Assembly leadership.  The Assembly leadership again 
suspected the Commission of doing the bidding of the 
Executive.  (At that time, the Presidency was under an 
impeachment threat)  Consequently, Assembly Members 
proposed an amendment to the ICPC legislation that would 
reduce Executive Branch control over the Commission.  While 
the case against Speaker Na Abba seems to have been placed 
on the backburner, the case against Anyim has remained 
active thus the Senate has taken the lead in proposing the 
amendment. 
 
 
5. (U) There are provisions in the amended bill to grant 
immunity to Members of the Legislature, even after they 
leave office.  Several interest groups including the 
National Labor Congress, the National Bar Association and 
student associations have publicly opposed the new 
amendment contending that it would weaken the ICPC and 
undermine the national effort against corruption. 
 
 
6. (U) Akanbi has publicly threatened to resign if the 
current amendment becomes law.  A key change in the 
proposed amendment allows the Chief Justice of the 
Federation to appoint a serving judge as head of the 
Commission, albeit with the advice and consent of the 
Senate.  This would remove Akanbi, a retired jurist, from 
his position as Chairman.  Justice Akanbi stated that he 
did not question the integrity of the Chief Justice and no 
problem being removed as Chair of the Commission. However, 
he said, "the new law is designed to frustrate anti- 
corruption efforts and seeks to subjugate the Commission", 
and he would not serve if the law were passed. 
 
 
7. (U) Justice Akanbi said that he "aims to set a solid 
foundation" for the Commission.  The Commission staff of 23 
prosecutors, 26 investigators, and six advisors from the 
security service, is currently pursuing 17 cases involving 
39 individuals.  Among others, there are 14 Governors under 
investigation.  Akanbi listed UNDP, GTZ, DFID and USAID in 
addition to INL among its supporters and stated that the 
Commission could use more staff and vehicles. 
 
 
8. (U) After Justice Akanbi again thanked the Ambassador 
for US support, the Ambassador told Akanbi that "given the 
level of support from various interest groups, and the fact 
that four members of the House have gone to court against 
the amendment, the legislation may never see the light of 
day."  The Ambassador added, "if the Commission is being 
made ineffective for the narrow interest of some 
legislators to protect themselves, it is doubtful that the 
US can continue to 
support the ICPC." 
 
 
JETER