US embassy cable - 03ABUJA936

UNCLAS ABUJA 000936 
 
SIPDIS 
 
 
DEPT FOR INL/AAE-EFLOOD, AF/W AND PM 
 
 
E.O. 12958:  N/A 
TAGS: SNAR, KCRM, PGOV, EAID, NI, MMAR 
SUBJECT:  RNLEO MEETING WITH ICPC CHAIRMAN 
 
 
1. RNLEO met with the Chairman of the Independent Corrupt 
Practices and Other Related Offenses Commission (ICPC), 
Justice Mustapha Akanbi, on May 20 to discuss the status of 
the ICPC in light of the recent actions by the National 
Assembly. 
 
 
2. Justice Akanbi told RNLEO that he has been working from 
his home to avoid a conflict with the court that ordered 
all parties to maintain the status quo in response to a law 
suit filed by several legislators seeking to overturn the 
newly enacted 2003 Anti-Corruption Law.  Akanbi noted that 
press coverage indicating that the President vetoed the new 
legislation was not accurate.  He explained that the 
President was complying with the court order to "maintain 
the status quo" until the court had time to rule on the 
merit of the lawsuit against the National Assembly 
leadership.  Justice Akanbi stated that he did not want to 
appear to be doing anything contrary to the court order. 
Therefore, he was working from his home. 
 
 
3. Akanbi stated, until the matter is settled by the court, 
ICPC cannot investigate nor arrest.  In fact, to avoid 
problems for his staff, they occasionally meet at his home 
to get instructions and guidance for their daily 
responsibilities.  The major issue is whether the court has 
jurisdiction over a case involving laws passed by the 
National Assembly or not.  Akanbi said that the Chief Judge 
of the Federal High Court came to Abuja from Lagos to hear 
the case personally.  The next hearing is on Thursday and 
all parties have been given strict instructions leading 
Akanbi to believe that the matter could be settled in the 
next two to three weeks. (Note: During proceedings on May 
19, the court rejected the Governments motion to set aside 
the new amendment but scheduled further hearings for May 22. 
(End Note) 
 
 
4. Justice Akanbi stated that the President was very 
worried over this issue and feared that Akanbi would 
resign.  He said the President prevailed upon him not to 
resign because of the signal it may send to the nation and 
the international community.  Akanbi assured RNLEO that he 
plans to keep working until the matter is resolved.  He 
expressed confidence that the case would be settled in 
favor of the original Anti-Corruption Act because the 
attorney handling the case for the Presidency is the same 
attorney that handled the ICPC constitutionality case and 
won. 
 
 
5. Akanbi observed that only the Minister of Transport 
expressed public support for the ICPC.  He said that if the 
courts rule in favor of the ICPC, he plans to run a program 
to educate the public about the differences in the Anti- 
Corruption Act of 2000 and the recently passed bill. 
On one specific element of the new law, Justice Akanbi 
stated that he could not imagine a serving judge on the 
Appellate Court who would accept an appointment to the 
Commission. 
 
 
7. Akanbi also asked about the U.S. position on the events 
surrounding the ICPC.  RNLEO reiterated the position taken 
by the Ambassador in a previous meeting that the U.S. could 
not support the ICPC as proposed by the law recently passed 
by the National Assembly because it was clearly designed to 
further the goals of a few corrupt legislators.  In addition, 
RNLEO advised Justice Akanbi that the ICPC assistance package 
from OPDAT, signed in March 2003 was designed for the Commission 
as formed by the Anti-Corruption Act of 2000 and could not 
proceed until it is clear that the integrity of the 
Commission is assured.  Justice Akanbi understood and 
agreed saying, he too could not serve on a Commission as 
proposed by the new law either. 
 
 
8. The fate of the ICPC should become clearer after the 
hearing on May 22, and will be reported SEPTEL. 
 
 
JETER