VZCZCXRO3944
RR RUEHMA RUEHPA
DE RUEHOS #0326 2160723
ZNR UUUUU ZZH
R 040723Z AUG 09
FM AMCONSUL LAGOS
TO RUEHC/SECSTATE WASHDC 0908
INFO RUEHUJA/AMEMBASSY ABUJA 0496
RHMCSUU/DEPT OF ENERGY WASHINGTON DC
RUEHZK/ECOWAS COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC

UNCLAS LAGOS 000326 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: CIVIL SOCIETY GROUPS ASK TO NULLIFY CONSTITUTION 
 
REF: LAGOS 318 
 
¶1. (SBU) Summary:  NGO and political leaders have filed two court 
cases arguing that the 1999 Nigeria constitution is illegal because 
it was dictated and imposed by a departing military government. 
While judicial concurrence is unlikely, the cases reflect growing 
frustration with the constitutional and political status quo.  End 
Summary. 
 
¶2. (SBU) On July 29, a federal high court resumed hearing a suit 
brought by Nigeria's oldest Senior Advocate of Nigeria, Tanimose 
Bankole-Oki, seeking the nullification of the 1999 constitution. 
Bankole-Oki contended that the preamble to the 1999 military decree, 
which states, "We the people of Nigeria do hereby make, enact and 
give ourselves a constitution," is a blatant misrepresentation of 
fact.  He claims that the former military head of state, General 
Abdulsalami Abubakar, and the Provisional Ruling Council (PRC) 
promulgated the decree that gave birth to the constitution without 
consulting the people of Nigeria.  Bankole-Oki called the 
constitution a fraud, said it lacked legitimacy, and stated it 
should be replaced.  The presiding judge adjourned proceedings until 
November 2009. 
 
¶3. (SBU) Yinka Odumakin, political activist and Secretary of 
Afenifere Renewal Group, an influential Yoruba socio-political 
organization, told PolSpec that the court cases were meant to 
pressure the GON to endorse civil society's demand for a 
"people-oriented constitution."  Odumakin, a Bankole-Obi supporter, 
stated that only a negotiated constitution in which ethnic 
nationalities play key roles could achieve true federalism and good 
governance. 
 
¶4. (SBU) This is not the first civil society attempt to nullify the 
constitution.  Since 2004, the Pro-National Conference Organization 
(PRONACO) has been agitating for a sovereign national conference 
bringing together all ethnic nationalities to deliberate on a new 
constitution.  In 2005, PRONACO held such a conference and produced 
a draft with far reaching recommendations.  PRONACO also supports 
the court case challenging the legality of the 1999 constitution. 
 
¶5. (SBU) In addition, the Movement for New Nigeria (MNN), an 
umbrella group of civil society organizations, sued in Abuja in 2007 
for the nullification of the 1999 constitution.  Notable human 
rights activists, including elder statesman Anthony Enahoro and 
Niger Delta activist Mujaheedat Dokubo-Asari, are reportedly among 
the supporters of the Abuja suit.  The MNN attorney, Tony Nnandi, 
complains that the case has suffered 13 adjournments and is still in 
its preliminary stages. 
 
¶6. (SBU) COMMENT: Judges, claiming that they lack the jurisdiction 
to interpret or nullify the constitution, are expected to dismiss 
these cases eventually.  However, the plaintiffs - NGO and political 
elites in the southern half of the country -- are seeking to make 
the broader point that they reject the constitutional status quo and 
the absence thus far of meaningful electoral reform.  End Comment. 
 
¶7. (U) This cable was cleared by Embassy Abuja. 
 
BLAIR