VZCZCXRO5990
PP RUEHMA RUEHPA
DE RUEHUJA #1535/01 1991321
ZNR UUUUU ZZH
P 181321Z JUL 07
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 0288
INFO RUEHZK/ECOWAS COLLECTIVE
RUEHWR/AMEMBASSY WARSAW 0452
RUEHCD/AMCONSUL CIUDAD JUAREZ 0453
RUEHOS/AMCONSUL LAGOS 7424
RHEBAAA/DEPT OF ENERGY WASHINGTON DC
RHEHNSC/NSC WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEKJCS/DIA WASHINGTON DC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 02 ABUJA 001535 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DOE FOR CAROLYN GAY 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KCOR NI
SUBJECT: EFCC ARRESTS FORMER GOVERNORS 
 
REF: ABUJA 1434 
 
ABUJA 00001535  001.2 OF 002 
 
 
THIS CABLE IS SENSITIVE BUT UNCLASSIFIED.  NOT FOR INTERNET 
DISTRIBUTION. 
 
¶1.  (U) The Economic and Financial Crimes Commission (EFCC) 
has arrested four former governors on allegations of money 
laundering, diversion of public funds for private use, 
conspiracy to steal, and abuse of office.  Former governors 
Orji Kalu of Abia State and Saminu Turaki of Jigawa State 
were arraigned in the Abuja Federal High Court on July 16 and 
remanded to prison custody.  In a separate court, ex-governor 
Joshua Dariye of Plateau State was remanded to police 
custody.  The fourth former governor Chimaroke Nnamani of 
Enugu State was arrested by the EFCC on July 16; he is due to 
appear in the Lagos Federal High Court on July 18.  The 
Federal High Court is set to entertain bail petitions at 
separate hearings within the next two weeks.  The EFCC 
maintains that its arrest of the four governors is due to 
their alleged "refusal" to honor the anti-graft agency's June 
11 invitation to voluntarily disclose and account for their 
use of state funds during their tenure in office.  Under 
Nigerian law, governors enjoy immunity from prosecution while 
in office.  The EFCC, while a law enforcement agency, does 
not possess the explicit jurisdiction to make arrests; 
rather, the EFCC may execute arrest warrants tendered by a 
Nigerian court. 
 
¶2.  (U) Chimaroke Nnamani, former governor of Enugu and 
currently a senator, was arrested by the EFCC on July 16 on a 
34-count charge of money laundering.  He is expected to 
appear before the Lagos Federal High Court on July 18 to hear 
the charges against him and render a plea.  There have been 
conflicting reports about whether or not Nnamani is in 
custody.  He was arrested while seeking medical treatment at 
the National Hospital in Abuja, but was reportedly 
transferred to Lagos July 17 to be arraigned.  The EFCC 
arrested former Abia governor and Peoples Progressive 
Alliance (PPA) party presidential aspirant Orji Kalu on July 
¶11.  He is being indicted on 107 counts of money laundering 
involving some 2.7 billion Naira (21 million USD).  In May 
2005, Kalu faced the Code of Conduct Tribunal for allegedly 
operating foreign bank accounts in the Gambia and Sierra 
Leone.  In October 2006 the EFCC declared wanted several of 
Kalu's staff and his mother on counts of conspiracy, 
corruption, and money laundering.  Former Jigawa governor 
Saminu Turaki, also currently serving as a senator, was 
arrested by the EFCC on July 11.  Senator Turaki faces a 
32-count charge of money laundering and misappropriation of 
funds totaling 3.6 billion Naira (28 million USD).  Turaki 
evaded prosecution for alleged corrupt practices while 
governor of Jigawa.  In February 2004, the Nigerian 
government seized Turaki's overseas bank accounts.  The 
Constitution and the 2004 Code of Conduct Bureau and Tribunal 
Act prohibit public officials from "maintaining or operating 
a bank account in any country outside Nigeria."  In late 
2004, the Code of Conduct Bureau later pursued Turaki for 
possession of the off-shore accounts yet no decisive action 
was taken.  Plateau governor Joshua Dariye, arrested by the 
EFCC, pleaded not-guilty to charges of money laundering 
involving 2 billion Naira (16 million USD) and illicit 
transfer of funds to third-parties.  The EFCC included 
Turaki, Nnamani, and Kalu on its list of corrupt governors 
published in September 2006.  Despite this, each man was 
allowed to run for office during the April 2007 elections. 
Dariye is scheduled to have a bail hearing on July 19, Turaki 
on July 23, and Kalu on July 25. 
 
¶3. (U) By Constitutional mandate, current governors 
inaugurated on May 29 have been asked to declare their assets 
before the Code of Conduct Bureau (CCB).  Section 185 of the 
Constitution states that an elected governor "shall not begin 
to perform the functions of that office until he has declared 
his assets and liabilities."  As of July 9, the CCB maintains 
that twenty governors had declared their assets.  While the 
Constitution mandates that Nigerian officials declare their 
assets before the CCB, the public declaration of those assets 
is strictly voluntary.  Since July 2, three public figures 
have voluntarily publicized their assets declarations: 
President Yar'Adua, 856 million Naira (7 million USD); former 
 
ABUJA 00001535  002.2 OF 002 
 
 
Zamfara governor and Senate Minority Whip Ahmed Yerima, 700 
million Naira (5.5 million USD); and, Ogun governor Otunba 
Daniel, 5 billion Naira (39 million USD).  Sixteen governors 
have thus far failed to file with the CCB, including Kwara 
governor Bukola Saraki, Anambra governor Peter Obi, and Kogi 
governor Ibrahim Idris. 
 
¶4.  (SBU) Prior to the May 29 expiration of tenure (and 
therefore immunity) of Nigeria's former governors, the EFCC 
pronounced that it would hunt down and prosecute public 
officials the anti-graft agency deemed corrupt.  By mid-July, 
however, the EFCC had yet to swiftly and decisively prosecute 
these officials.  Whether the lassitude was due to 
inefficiency, lack of evidence, successful  prior brokering 
of deals with the EFCC or old-fashioned politics remains 
unclear.   The arrests of four governors in the last week 
seems to show that the EFCC is finally springing into action, 
and the detention of Obasanjo's close allies and  alleged 
third term financiers, Enugu's Chimaroke Nnamani and Jigawa's 
Saminu Turaki, may indicate emerging fissures within the 
ranks of the People's Democratic Party (PDP). 
Interestingly, Turaki has stated publicly that the funds he 
allegedly diverted were used to finance President Obasanjo's 
failed third term bid, and he claims that former Presidential 
aide Andy Uba can confirm this, a charge Uba denies.  The 
EFCC continues to deny any allegations of political 
interference in its investigations and announced July 18 that 
it intends to arrest an additional six governors, "some of 
whom were close to former President Obasanjo", soon. 
CAMPBELL