VZCZCXRO6076
RR RUEHMA RUEHPA
DE RUEHOS #0330 2180935
ZNR UUUUU ZZH
R 060935Z AUG 09
FM AMCONSUL LAGOS
TO RUEHC/SECSTATE WASHDC 0912
INFO RUEHUJA/AMEMBASSY ABUJA 0500
RHMCSUU/DEPT OF ENERGY WASHINGTON DC
RUEHZK/ECOWAS COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC

UNCLAS LAGOS 000330 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM NI
SUBJECT: NIGERIA: LAGOS STATE AND YAR'ADUA SPAR OVER LOCAL COUNCIL 
CREATION 
 
REF: LAGOS 318 
 
¶1. (SBU) Summary:  President Yar'Adua has demanded that Lagos 
dissolve the 37 local councils it created in 2003 or face sanctions 
if it refuses to revert to the 20 local government areas listed in 
the constitution.  Lagos Governor Fashola's refusal to comply could 
significantly heighten tensions between the federal capital in Abuja 
and the country's commercial capital.  End summary. 
 
President vs. Governor 
---------------------- 
 
¶2. (SBU) On July 14, President Umaru Musa Yar'Adua wrote a letter to 
Governor Fashola demanding that Lagos State dissolve the 37 Local 
Council Development Authorities (LCDAs) it created in 2003 and 
revert to the 20 local government structures that are 
constitutionally recognized.  He gave Lagos State 14 days to comply 
or risk sanctions.  On July 27, Governor Babatunde Fashola released 
a public response stating that he was unable to comply because the 
additional local councils had already been validated by the Supreme 
Court.  Fashola, an attorney, insisted that Lagos' actions did not 
violate the Nigerian constitution. 
 
¶3. (SBU) On July 28, a day after his ultimatum expired, Yar'Adua 
again threatened action against Lagos.  He said that he was prepared 
to talk on this matter, but would not compromise constitutional 
integrity.  On July 28, Ahmed Tinubu (AC - Action Congress), the 
former Lagos governor whose administration created the councils, 
argued that Yar'Adua had no constitutional power to issue orders to 
a state governor. 
 
Discord Since 2004 
------------------ 
 
¶4. (SBU) Tinubu created the local councils through a legal 
referendum.  In 2004, former President Obasanjo opposed Tinubu's 
actions and withheld Lagos' share of the federal revenue allocation. 
 The Lagos State Government took the case to the Supreme Court, 
which ruled in Lagos' favor and clarified that the constitution must 
be amended to incorporate the new councils.  Upon assuming office, 
Yar'Adua released the funds for the councils.  However, the 
PDP-dominated National Assembly has since failed to pass the laws 
that would recognize the new local councils. 
 
What is Yar'Adua's Motive? 
-------------------------- 
 
¶5. (SBU) On July 29, Idowu Ajanaku, Governor Fashola's Senior 
Special Advisor on Public Affairs, told PolSpec that it was amazing 
that President Yar'Adua, who ordered the release of the funds for 
Lagos councils, could now demand the dissolution of the councils. 
He said that top PDP politicians who want tension with the AC-ruled 
Lagos State Government must have prompted Yar'Adua to act. 
 
¶6. (SBU) Comment: It is unclear why Yar'Adua would challenge a 
matter that the Supreme Court apparently resolved.  Fashola's 
supporters allege that Yar'Adua's PDP aims to fuel confrontation 
ahead of the 2011 election, and that the PDP envies Fashola's record 
of performance in office.  Regardless of motive, given the large 
sums of money involved, failure to find a way out could 
significantly heighten tensions between Abuja and the country's 
commercial capital.  End comment. 
 
¶7. (U) This cable has been cleared by Embassy Abuja. 
 
BLAIR