US embassy cable - 03ABUJA934

C O N F I D E N T I A L SECTION 01 OF 02 ABUJA 000934 
 
SIPDIS 
 
 
NSC FOR JFRASER 
CAIRO FOR MAXSTADT 
 
 
E.O. 12958: DECL: 05/21/2013 
TAGS: PGOV, PREL, KDEM, PINR, NI 
SUBJECT: NIGERIA: READOUT ON ELECTION TRIBUNALS 
 
 
 Classified by Ambassador Howard F. Jeter.  Reason: 1.5(d). 
 
 
1. (U) Begin Summary: The Nigerian constitution and the 
Electoral Act of 2002 allow candidates or parties to petition 
State Election Tribunals to correct alleged electoral 
irregularities.  Defeated Gubernatorial and Assembly 
candidates in 24 states have filed cases before their 
states, tribunals.  The courts have already shown a wide 
variance in methods and requirements.  Although the Electoral 
Act gives parties 30 days to file petitions, the Act did not 
give the tribunals specific time limits in which to decide 
cases.  Thus, most INEC-declared winners will likely be 
inaugurated before the tribunals pass their judgments. End 
Summary 
 
 
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WHAT ARE THE TRIBUNALS? 
----------------------- 
 
 
2. (U) Election tribunals have been constituted in each of 
the 36 states and the Federal Capital Territory to hear 
petitions arising from the conduct of all elections within 
the respective states.  If unsatisfied with the tribunal,s 
judgment, a person can petition the Federal Court of Appeal 
and finally the Supreme Court (Note: At the speed which the 
Nigerian legal system normally moves, this appeal process 
could take several months).  All complaints must be filed 
with the tribunal within 30 days of the election.  However, 
neither the Constitution nor the Electoral Act specify a time 
limit for resolution.  Complaints related to the Presidential 
election are to be filed directly with the Court of Appeal. 
 
 
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RULES OF EVIDENCE 
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3. (U) Tribunals use various rules of evidence, depending on 
whether the alleged offence is civil or criminal.  The 
Electoral Act lists possible offences.  The Act allows for 
flexible procedures to make it less cumbersome.  The standard 
for modifying election results is based on a number of 
factors, including proof of irregularities that substantially 
affected the final results and evidence that a candidate was 
unqualified to run for office.  The tribunals can annul 
results, award the election to a different candidate or call 
for new elections. 
 
 
4. (U) Already, the tribunals have exhibited a wide disparity 
in their actions and decisions.  In one state, a tribunal has 
declared that it will recess until after the inauguration. 
Another state,s tribunal has stated it will not recess for 
any reason until all decisions are rendered.  Some state 
tribunals have already demanded all INEC documents for all 
elections for both sides to use as evidence, while at least 
one other tribunal has refused to allow political parties to 
view INEC documents provided. 
 
 
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CURRENT PETITIONS 
----------------- 
 
 
5. (U) In spite of initial reticence to use the elections 
tribunals, petitions for at least 88 cases in 24 states have 
been filed.  These include 10 cases for Governor, 14 for 
Senate, 63 for House, and 1 for State Assembly.  The ANPP has 
also filed its petition contesting the Presidential Election. 
 Filing for the National Assembly closed on May 12, while 
filing for Gubernatorial and Presidential elections closed 
May 19.  The deadline for State Assemblies elections is June 
2. 
 
 
6. (U) Observers worry that Executive funding of the 
judiciary and tribunal appointments guided by the state 
judiciary could impact the impartiality of the tribunals. 
The federal constitution empowers a state governor to appoint 
the state Chief Judge through the National Judicial Council. 
The Chief Judge, in turn, recommends jurists as members of 
tribunals.  However, no one is to serve on a tribunal in 
his/her state of origin.  Justice Uwais, Chief Justice of the 
Supreme Court, said at the swearing in of the members of the 
tribunals that: "In Nigeria, corruption and ethnicity have 
had, in the not distant past, placed the role of Election 
Tribunals in jeopardy...when they fail in their duties, the 
consequences have been violence resulting in murder, arson 
and grievous bodily hurt." 
 
 
7. (U) Although in recent times the Supreme Court has 
delivered important judgments that demonstrate its ability to 
assert independence from the Executive, lower levels of the 
judiciary have not exhibited the same level of independence 
and are still seen by most observers as subordinate to the 
Executive Branch and the Governors. 
 
 
8. (C) COMMENT: Most Nigerians believe that many elections 
were marked by fraud and that the tribunals will not do 
anything to right these wrongs unless directed by the 
Presidency.  The tribunals have the chance to demonstrate the 
independence of the judiciary, correct electoral flaws, and 
cool the political temperature if their decisions change some 
results, particularly in the South-East and South-South.  If 
the tribunals fail to grasp this opportunity to lessen 
political tensions and make the results more reflective of 
the popular will on election day, the credibility of both the 
judiciary and of Nigeria,s foundling democracy will suffer. 
END COMMENT 
JETER 
JETER