VZCZCXRO1025
RR RUEHMA RUEHPA
DE RUEHOS #0077/01 0551433
ZNR UUUUU ZZH
R 241433Z FEB 09
FM AMCONSUL LAGOS
TO RUEHC/SECSTATE WASHDC 0516
INFO RUEHUJA/AMEMBASSY ABUJA 0136
RHMCSUU/DEPT OF ENERGY WASHINGTON DC
RUEHZK/ECOWAS COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC

UNCLAS SECTION 01 OF 02 LAGOS 000077 
 
SIPDIS 
 
DOE FOR GPERSONS, CHAYCOCK 
TREASURY FOR DPETERS, RHALL, RABDULRAZAK 
COMMERCE FOR KBURRESS 
USDOC FOR 3130/USFC/OIO/ANESA/DHARRIS 
STATE PASS USTR FOR LISER, AGAMA 
STATE PASS USAID FOR NFREEMAN, GBERTOLIN 
STATE PASS OPIC FOR ZHAN, MSTUCKART 
STATE PASS TDA FOR LFITTS, PMARIN 
STATE PASS EXIM FOR JRICHTER 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM NI
SUBJECT: NIGERIA: ELECTION TRIBUNALS UPDATE 
 
¶1. (U) Summary: The Appeals Court in Kwara State, on February 17 
overturned the decision of the electoral tribunal affirming the 
election of Ekiti State Governor, Segun Oni (PDP) and ordered new 
elections in 10 of the state's 16 local government areas. (Comment: 
After 21 months in power, it is likely that former Governor Oni will 
be returned; to date, all election reruns ordered by courts have 
been won by the former governors. While the composition of the state 
assembly (half PDP, half AC, and is led by Acting Speaker (AC)) 
evens out access to resources by the two parties, the PDP controlled 
local government chairmen may be their party's trump cards. End 
comment.) On February 11, the Court of Appeal sitting in Port 
Harcourt upheld the election of Governor Theodore Orji (PPA) of Abia 
State. End summary. 
 
------------------------------- 
EKITI: COURT SACKS GOVERNOR ONI 
------------------------------- 
 
¶2. (U) In a unanimous judgment on February 17, the five-man panel of 
judges of the Federal Appeal Court sitting in Ilorin, Kwara State 
cancelled the April 14, 2007 election of Ekiti State Governor Segun 
Oni of the Peoples Democratic Party (PDP). The court directed the 
Independent National Electoral Commission (INEC) to conduct fresh 
elections within 90 days of the date of judgment, in 10 local 
government areas (LGAs) where the Electoral Act of 2006 was 
substantially not complied with. In line with the court's ruling, 
the Speaker of the Ekiti State House of Assembly, Tunji Odeyemi was 
promptly sworn in as acting governor by acting Chief Judge Silas 
Oyewole, pending a rerun of the polls. 
 
¶3. (U) The court's judgment overturned the August 2008 decision of 
the election tribunal, which upheld the election of Governor Oni. 
The Action Congress (AC) governorship candidate, Dr. Kayode Fayemi, 
had appealed to the higher court citing gross electoral malpractice 
and non-compliance with the electoral law, urging the appellate 
court to void Oni's election. Although the court did nullify polls 
in 10 LGAs because of irregularities in the voters' accreditation 
process, it ruled that polls held in the other six LGAs in Ekiti, 
remained valid. 
 
¶4. (U) Local press reported widespread approval of the judgment by 
both parties' stalwarts. According to the Guardian newspaper, 
Governor Oni, who immediately vacated the government house, opined 
that the judgment is not a victory for the AC since polls were 
cancelled only in 64 out of 177 wards in the state. The AC also 
applauded the decision while accepting that it has an uphill task 
ahead of the new polls. 
 
------------------------------------ 
ABIA:  COURT UPHOLDS ORJI'S ELECTION 
------------------------------------ 
 
¶5. On February 11, the Court of Appeal sitting in Port Harcourt 
upheld the election of Abia Governor Theodore Orji of the 
Progressive Peoples Alliance (PPA) in a unanimous decision. The 
court overturned the judgment of the election tribunal which had, in 
February 2008, declared the PDP governorship candidate, Chief Onyema 
Ugochukwu, winner of the April 2007 polls despite acknowledging that 
Orji had won the majority of votes cast. Governor Orji and his 
deputy, Chris Akomas had petitioned the appellate court to reverse 
the tribunal's decision. 
 
------------------------------------- 
ANAMBRA: SENATOR'S ELECTION ALSO UPHELD 
------------------------------------- 
 
¶6. (U) The Appeal Court in Enugu on February 10, also upheld the 
election of Enugu State senator, Joy Emordi of the PDP, dismissing 
the appeal filed by Jessy Balonwu of the Labor Party (LP) who had 
appealed the judgment of the lower tribunal last year in Awka, 
Anambra State, which in June 2008, upheld Emordi's election. 
 
------- 
COMMENT 
------- 
 
¶7. (U) After 21 months in power, it is likely that former Governor 
Oni will be returned; to date, all election reruns ordered by courts 
have been won by the former governors. While the composition of the 
 
LAGOS 00000077  002 OF 002 
 
 
state assembly (half PDP, half AC, and is led by Acting Speaker 
(AC)) evens out access to resources by the two parties, the PDP 
controlled local government chairmen may be their party's trump 
cards. End comment 
 
¶8. (U) This cable has been cleared by Embassy Abuja 
 
Blair