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RR RUEHMA RUEHPA
DE RUEHOS #0447 3181203
ZNR UUUUU ZZH
R 131203Z NOV 08    ZDS
FM AMCONSUL LAGOS
TO RUEHC/SECSTATE WASHDC 0290
INFO RUEHZK/ECOWAS COLLECTIVE
RUFOADA/JAC MOLESWORTH AFB UK
RUEKJCS/SECDEF WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMCSUU/DEPT OF ENERGY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
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RUEWMFD/HQ USAFRICOM STUTTGART GE

UNCLAS LAGOS 000447 
 
C O R R E C T E D COPY -- REMOVED SENSITIVE  CAPTION 
 
SIPDIS 
 
NSC FOR B POTTMAN 
STATE PASS USTR FOR USTR AGAMA 
STATE PASS USAID FOR GWEYNAND AND SLAWAETZ 
 
E.O. 12958: N/A 
TAGS: PGOV PREL ECON NI
SUBJECT: NIGERIA: OPPOSITION CANDIDATE OSHIOMHOLE WINS EDO 
GOVERNOR'S SEAT ON APPEAL 
 
 ¶1. (U) Summary: On November 11 the Appeals Court for Edo 
State confirmed the decision of the Edo State Election 
Tribunal that had declared the Action Congress (AC) candidate 
for the governorship, Adams Oshiomhole, the winner of the 
April 2007 gubernatorial election.  Governor Oserheimen 
Osunbor, who remained in office during the appeal, told the 
Vanguard newspaper that he would comply with the decision, 
which cannot be appealed, calling it a "victory for the rule 
of law;" celebration rather than violence was reported 
following the decision.  The AC now holds two governorships, 
Edo and Lagos.  End Summary. 
 
¶2. (U) The Court of Appeal with jurisdiction for Edo State 
ruled November 11 in favor of the Action Congress (AC) 
candidate for the governorship of Edo State, Adams 
Oshiomhole. In the gubernatorial elections of April 2007, the 
Independent National Electoral Commission (INEC) had declared 
the Peoples' Democratic Party (PDP) candidate, Oserheimen 
Osunbor, the winner despite massive support for the popular 
labor leader Oshiomhole. Oshiomhole took his case to the 
State Elections Petition Tribunal, which found sufficient 
evidence of fraud to over-turn the election of the PDP 
candidate, Osunbor, in March 2008. The PDP immediately 
appealed the decision of the tribunal, retaining control of 
the government throughout the appeal process which dragged on 
for over six months. In the November 11 decision, the Court 
of Appeal ruled in favor of Oshiomhole, upholding the 
findings of the Election Tribunal with respect to massive 
fraud. The Court of Appeal decision is final and cannot be 
appealed. Oshiomhole is now the second governor from the 
Action Congress, in addition to Governor Babatunde Fashole in 
Lagos State. 
 
¶3. (U) Expectations of widespread violence following a court 
decision, which most observers expected to go against the 
popular Oshiomhole, induced the police to send reinforcements 
to Edo State, and the traditional ruler, the Oba of Benin, 
urged people to fast for three days in advance of the 
decision on the grounds that this would help calm tempers. 
However, the surprise decision in favor of Oshiomhole 
resulted in celebrations rather than violence. Significantly 
the overturned PDP governor, Osunbor described the decision 
as a "victory for the rule of law" and indicated he will 
comply with the decision immediately, according to the 
Vanguard newspaper.  INEC vowed to investigate and prosecute 
any member of its staff found guilty of having manipulated 
results; it also promised to review procedures and correct 
these where necessary. 
 
¶4. (U) Oshiomhole was General Secretary of the National Union 
of Textile and Garment Workers and President of the Nigeria 
Labor Congress from 1999 to 2005. He is credited for pushing 
through a 25 percent wage increase for public workers, and he 
was detained and arrested by the Obasanjo administration for 
inciting strikes against the high cost of fuel. He turned to 
politics in 2006 and he has repeatedly drawn attention to the 
misuse of oil revenues by the PDP controlled government. He 
is reportedly also a strong supporter of civil society. 
 
¶5. (U) Comment: The court decision, the first to unseat a 
sitting PDP governor in favor of an opposition candidate, 
affirms the importance of the courts in bolstering democracy 
in Nigeria. Promises by the state INEC, which certified 
Osunbor's victory in 2007, to reform itself are suspect, and 
Post believes that only fundamental election reform can 
improve the conduct of elections in future.  End Comment. 
 
¶6. (U) This cable was cleared by Embassy Abuja. 
BLAIR