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FM AMEMBASSY NIAMEY
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RUEAIIA/CIA WASHINGTON DC
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RUEHLMC/MCC WASHDC

UNCLAS SECTION 01 OF 02 NIAMEY 000646 
 
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ACCRA ALSO FOR USAID/WA 
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PARIS FOR AFRICA WATCHER 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PGOV KDEM SOCI PHUM KCOR NG
SUBJECT:  Niger: Detained Ex-Parliamentarians Appear in Court 
 
Ref:  Niamey 00640 
 
NIAMEY 00000646  001.2 OF 002 
 
 
¶1. Summary: On September 7-8, about 30 former National Assembly 
Deputies arrested for allegedly receiving "undue amounts" (reftel) 
appeared before the investigating judge at the Niamey Tribunal. 
While President Tandja's supporters welcome this as an "operation 
clean hands" (to combat corruption), the defendants denounce the 
operation as a "witch hunt."  As a result of the hearing sessions 
three former lawmakers were jailed and 28 were granted provisional 
release.  End summary. 
 
--------------------------------------------- ---------- 
Top Ex-Parliamentarians Accused of Various Fraud Counts 
--------------------------------------------- ---------- 
 
¶2. During the period of September 3-5, the police arrested about 30 
former parliamentarians, mainly deputies who served on the National 
Assembly Executive Board or as heads of commissions and caucuses. 
Several staff members, including the Speaker's Director of Cabinet, 
the Secretary General and his deputy, and the Finance and Accounting 
Manager, as well as two businessmen, also were detained. These 
arrests occurred as a result of an interim administrative audit on 
the National Assembly, which was submitted to the state prosecutor. 
The report found fake tenders, invoices, travel orders, and medical 
evacuation for an estimated amount of FCFA 18 billion (USD 40 
million; current exchange rate 455 FCFA = USD 1).  Also, the 
National Assembly continued to receive some allowances that the 
Constitutional Court ruled illegal in June 2008. Consequently, the 
prosecutor decided to launch a judicial investigation over the 
"embezzlement of public funds and breaching equal access to public 
tenders." 
 
--------------------------------------------- -------- 
Opposition Coalition Rejects Charges, Counter-Attacks 
--------------------------------------------- -------- 
 
¶3. The opposition under the Coordination of Forces for Democracy and 
the Republic (CFDR) denounced this move as an operation aimed at 
discouraging and muzzling democratic forces in order to quash any 
anti-government action. On September 5, the CFDR labeled the 
operation a "witch hunt with intimidation, arbitrary arrests and 
imprisonment, flouting the respect for basic judicial procedures" 
and "a fallacious pretext... [by] Tandja to divert State law 
enforcement resources for purposes of settling political scores." 
The CFDR demanded an "investigation on alleged corruption and 
influence peddling involving Tandja's family, namely his son Papa 
Tandja and his brother Brah Tandja. The CFDR also raised the issue 
of a foreign company, "Trendfield that at present is exclusively in 
Mauritania and Niger, and has interests in uranium, gold, iron, 
etc..."  According to CFDR, President Tandja refrains from taking 
any action against his family whom the opposition accuses of 
"corruption, influence peddling, and vested interests in violation 
of article 41 of the August 1999 constitution."  The CFDR's claims 
also noted "the conclusions without any response [from the 
Executive] of the Parliamentary Investigation Commission on the 
exploitation of Samira Goldmine, and opaque management of the 
[President's] Special Program."  The CFDR called the Nigerian people 
to "resistance by all means provided by the constitution of the 
Fifth Republic." 
 
¶4. Former National Assembly Speaker Mahamane Ousmane said that the 
recent arrests were "political... in order to punish or embarrass 
those who do not support the illegal and anti-constitutional 
referendum process."  He went on to say that "there are internal 
procedures to examine the management of the National Assembly, to 
take sanctions, etc.  It is not incumbent on the government to 
control the Assembly's management. The constitution provides for the 
other way around. It is the parliament that checks the government's 
action. This is the world upside down." 
 
-------------------------------- 
Lawyers Define a Line of Defense 
-------------------------------- 
 
¶5. September 5, lawyers for the defense of the ex-Deputies stated 
their clients should benefit from the principle of the presumption 
of innocence until proven guilty. They further expressed surprise 
that the state audit on the National Assembly was directly 
transmitted to the prosecutor without being notified to the 
ex-parliamentarians; therefore the principle of arguments on both 
sides has not been observed. Lawyers questioned if all the people 
arrested had granted contracts, benefitted from medical evacuations, 
 
NIAMEY 00000646  002.2 OF 002 
 
 
or unsigned travel orders.  They also pointed out that the equality 
of all citizens before the law had not been respected.   They noted 
the audit followed the Constitutional Court ruling on June 13, 2008, 
which declared as non-compliant with the Constitution the 
deliberation on which the Deputies received their salaries and other 
allowances; but the Court had not said that these deliberations were 
illegal, or constituted an act of embezzlement.  Moreover, the 
lawyers noted that the same jurisdiction had declared illegal the 
constitutional referendum plan, but the president bypassed the 
ruling and held the referendum anyway.  They also mentioned the 
overbilling on the purchase of police motorcycles involving the 
president's brother, who was not prosecuted.  Finally, they 
expressed the hope that the judicial chain (from the lower court to 
the Supreme Court) would be independent and not serve as "the 
secular arm to settle scores." 
 
----------------------- 
The Free and the Unfree 
----------------------- 
 
¶6. After two days of individual hearings, the investigating judge 
granted provisional release to 28 former National Assembly 
parliamentarians.  Three others Deputies including Raja Chaibou, 
Zanaidou Gado Sabo (Parliament's Chief Treasurer), and Ibrahim 
Aball (Deputy Treasurer) were arraigned and transferred to Niamey 
Prison pending further investigation. The National Assembly 
Speaker's Director of Cabinet, the Financial and Accounting 
Director, and a private vendor also have been transferred to the 
prison. 
 
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Comment 
------- 
 
¶7. Some analysts view these arrests as an attempt to improve the 
government's image tarnished by the controversial referendum with a 
"fight against corruption."  Others, however, view the arrests as no 
more than removal of politicians who may cause problems to the Sixth 
Republic.  End Comment. 
 
ALLEN