Order Code RL33964
Nigeria: Current Issues
April 12, 2007Updated January 30, 2008
Lauren Ploch
Analyst in African Affairs
Foreign Affairs, Defense, and Trade Division
Nigeria: Current Issues
Summary
Nigeria, the most populous nation in Africa, with an estimated 132135 million
people, has faced intermittent political turmoil and economic crisis since gaining
independence in October 1960. Nigerian political life has been scarred by conflict
along both ethnic and geographic lines and misrule has undermined the authority and
legitimacy of the state apparatus, but many Nigerians feel a significant degree of
national pride and belief in Nigeria as a state. After 16 years of military rule, Nigeria
made a
transition to civilian governance in 1999, when Olusegun Obasanjo, a former
general, was elected president. In May 2007, after two terms in office, Obasanjo is
scheduled to transfer power to a new administration.
Nigeria has made progress in strengthening its fragile democracy but faces
was elected president. Efforts to allow Obasanjo to stand for a third term were
defeated in 2006. In May 2007, Obasanjo transferred power to a new administration,
marking the country’s first transfer of power from one civilian government to
another.
Nigeria faces serious social and economic challenges. Although Nigeria’s oil
and natural gas
revenues are estimated at over $40 billion per year, its human
development indicators
are among the world’s lowest, and a majority of the
population suffer from extreme
poverty. Nigeria remains relatively stable, although
ethnic and religious clashes in
parts of the country are common. Thousands have
been killed and many more
wounded in periodic religious clashes.
Under former President Obasanjo, Nigeria has emerged as a major player in Africa.
The government has helped to resolve political disputes in Togo, Mauritania, Liberia,
and and
Cote d’Ivoire. Nigeria has also played an important role in facilitating
negotiations negotiations
between the government of Sudan and the Darfur rebels. Nigerian troops
have played
a vital role in peacekeeping operations in Sierra Leone and Liberia, and
are currently
in Cote d’Ivoire, the Democratic Republic of Congo, Liberia and Sudan.
Nigeria is one of the United States’ key strategic partners in Africa. The country
is Africa’s largest producer of oil, and is America’s fifth largest oil provider. As the
According to some estimates, Nigeria could replace Norway as the world’s third
largest exporter of oil by 2010. As the continent’s second largest economy, Nigeria’s
stability and prosperity affect not only
those in the market for Nigerian oil, but the
entire region.
Nigeria’s next general elections are scheduled for April 14 and 21, 2007. They
are significant because if successfully held, they will mark the country’s first transfer
of power from one civilian government to another. Efforts to allow Obasanjo to
stand for a third term were defeated in 2006. Some analysts suggest that the threat
of domestic regional tensions triggering wider civil unrest or controversies
surrounding the elections themselves could lead to an electoral delay. Credible and
peaceful elections are critical to the future of both the country and the region. This
report will be updated as the situation most recent general elections were held in April 2007. The U.S. State
Department called the elections “deeply flawed.” Ruling party candidate Umaru
Yar’Adua was announced as the winner of the presidential contest with over 70% of
the vote, according to official returns. Domestic and international election observers
reported widespread fraud, intimidation and violence. The two primary opposition
presidential candidates have rejected the elections and called for new polls. The
results of several gubernatorial races have been annulled by election tribunals, and
judicial rulings on a number of other electoral complaints are pending. Despite
controversy surrounding his election, though, public opinion toward President
Yar’Adua appears increasingly positive. This report will be updated as the situation
warrants.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Political Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
The Transition to Democratic Rule: 1998 & 1999 Elections . . . . . . . . . . . . . 23
The 2003 Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Upcoming2007 Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Electoral Administration Challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Electoral Malfeasance &and Political Violence . . . . . . . . . . . . . . . . . . . . . 56
Yar’Adua Takes Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Politically Motivated Corruption Charges . . . . . . . . . . . . . . . . . . . . . . . 78
Current Economic and Social Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911
Misallocation of State Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1013
The Effects of Corruption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1114
HIV/AIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1114
Avian Flu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1115
Islamic Sharia Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1215
Conflict in the Niger Delta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1215
Background of the Struggle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1215
Criminality &and Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1316
Efforts to Address Environmental and Development Challenges . . . . 18
Effects on the Oil Industry and the World Market . . . . . . . . . . . . . . . . 14
Efforts to Address Environmental & Development Challenges . . . . . 1419
International Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1519
The Bakassi Peninsula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1620
Issues for Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1620
Administration Policy on Nigeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1620
U.S. Assistance to Nigeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1722
Congressional Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1823
The 110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1823
The 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1823
List of Figures
Figure 1. Map of Nigeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
List of Tables
Table 1. U.S. Assistance to Nigeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1924
Nigeria: Current Issues
Background
Nigeria’s economy is Sub-Saharan Africa’s second largest, and it is one of the
world’s fastest growing sources of high quality sweet crude oil and natural gas.
Nigeria has mediated conflicts throughout the continent, and its troops have played
a critical role in peace and
stability operations in the region.
Nigeria at a Glance
region. The country ranks 9th
among troop contributors to
Population:
131.8 million
U.N. 8th among
Population:
135 million
troop contributors to U.N.
peacekeeping missions around
Pop. Growth Rate: 2.38%
around the world. Nigeria, which is
Independence:
October 1960
which is roughly twice the size
Comparative of CaliComparative Area: Slightly larger than twice the
size of California
of Californiafornia, is also home to Africa’s
Religions:
50% Muslim, 40% Christian,
Africa’s second largest
10%
indigenous beliefs
HIV/AIDS-infected population
Languages:
English (official), 250 local
and has the continent’s highest
languages
tuberculosis burden.
Some
Literacy:
68%
experts hypothesize that
Infant
Mortality:
97 deaths/1,000 live births
Nigerian poultry infected with
Life Expectancy:
47 years
the H5N1 virus may be the
Prevalence
of
HIV:
5.4%
source for avian flu outbreaks in
GDP:
$116.4 billion (2006)
neighboring countries.
GNI
Per
Capita:
$560
(2005)
According to one senior foreign
Exports:
$52.16 billion (2005)
policy analyst, “No country’s
Imports:
$25.95 billion (2005)
fate is so decisive for the
External Debt:
$37.49 billion (2005)
continent. No other country
across a range of issues has the
Source: The CIA World Fact Book 2007, Economist
power so thoroughly to shape
Intelligence Unit (EIU).
outcom es el sewhere in
sub-Saharan Africa.”1
Despite its oil wealth,
Nigeria remains highly underdeveloped. Poor governance has severely limited
infrastructure development and the provision of social services, hindering economic
development and leaving much of the country mired in poverty. The government’s
human rights record is poor. Ethnic and religious strife have been common in
Nigeria, and perceived differences have been politicized by political elites. The
country is composed of over 250 distinct ethnic groups, of which ten account for
1
Robert I. Rotberg, “Nigeria: Elections and Continuing Challenges,” Council on Foreign
Relations, Apr. 2007.
CRS-2
nearly 80% of the total population. The northern Hausa-Fulani, the southwestern
Yoruba, and the southeastern Ibo have traditionally been the most politically active
and dominant. Almost half of the country’s population, an estimated 60 million, are
Muslims, who live primarily in the northern half of the country. Divisions between
ethnic groups, between north and south, between Christian and Muslim, often stem
from perceived differences in access to social and economic development. More than
12,000 Nigerians have been killed in local clashes since 1999, and some three million
second largest HIV/AIDS-in10%
indigenous beliefs
fected population and has the
Languages:
English
(official), 250 local
continent’s highest tuberculosis
languages
burden. Some experts hypotheLiteracy:
68%
size that Nigerian poultry inInfant
Mortality:
95.5 deaths/1,000 live births
fected with the H5N1 virus may
Life Expectancy:
47 years
be the source for avian flu outPrevalence
of
HIV:
3.9%
breaks in neighboring countries.
Nominal GDP:
$137.2 billion
According to one senior foreign
GNI
Per
Capita:
$640
policy analyst, “no country’s
Exports:
$61.81 billion
fate is so decisive for the contiImports:
$30.35 billion
nent. No other country across a
External
Debt:
$5.815 billion
range of issues has the power so
thoroughly to shape outcomes
Source: The CIA World Fact Book 2008, Economist
Intelligence Unit (EIU), World Bank.
elsewhere in sub-Saharan Africa.”1
Despite its oil wealth, Nigeria remains highly underdeveloped. Poor governance
has severely limited infrastructure development and the provision of social services,
hindering economic development and leaving much of the country mired in poverty.
The government’s human rights record is poor. Ethnic and religious strife have been
common in Nigeria, and perceived differences have been politicized by political
elites. The country is composed of over 250 distinct ethnic groups, of which ten
account for nearly 80% of the total population. The northern Hausa-Fulani, the
southwestern Yoruba, and the southeastern Ibo have traditionally been the most
politically active and dominant. Almost half of the country’s population, an
1
Robert I. Rotberg, “Nigeria: Elections and Continuing Challenges,” Council on Foreign
Relations, April 2007.
CRS-2
estimated 60 million, are Muslims, who live primarily in the northern half of the
country. Divisions between ethnic groups, between north and south, between
Christian and Muslim, often stem from perceived differences in access to social and
economic development. More than 12,000 Nigerians have been killed in local clashes
since 1999, and some three million have reportedly been displaced by those clashes.2
Political Developments3
Nigeria is a federal republic composed of 36 states; its political structure is
similar to that of the United States. The country has a bicameral legislature with a
109-member Senate and a 360-member House of Representatives. Its president,
legislators, and governors are elected on four year terms. Nigeria’s next general
elections are scheduled formost recent
elections were held on April 14 and 21, 2007.4 Many, including the U.S. State
Department, maintain that the country is still in political transition,5 since, asand Human
Rights Watch has reported,contends that “Nigeria has not held a free and fair general election
since the end of military rule.”6
Nigeria was ruled by the military for approximately 28 of its 47 years after
independence, and much of its political history has been dominated by a contest for
power between north and the south. Northern military leaders dominated Nigerian
politics until 1999, when the country made the transition to democracy. Today, the
Hausa remain dominant in the military and the federal government, but have lost
significant power in many state governments. Since the election of President
Obasanjo in 1999, there has been a de-facto power sharing arrangement between the
north and the south. The main presidential contenders in the upcoming election are
April 2007 election
were northerners, and with the retirement of former President Obasanjo, the office
has been transferred to a former northern governor for the current presidential term.
Tension between the north and the south over perceived inequities in economic
and educational development has the potential to lead to widespread political
instability. Nigeria’s 2006 census has drawn controversy over its representation of
the regional breakdown of the population, reportedly concluding that 53.4% of the
population lives in the north. This could affect the country’s complex system for
distributing oil revenues, which are derived from oil reserves in Southern Nigeria.
Resentment between the northern and southern regions of the country has led to
considerable unrest in the past. According to the International Crisis Group, an
estimated 8,000 Nigerians were killed in sectarian clashes between 1999 and 2002,
President Obasanjo scheduled for May 2007,
the office is expected to be transferred to the north for the next presidential term.
The Transition to Democratic Rule: 1998 & 1999 Elections
After years of military rule, Olusegun Obasanjo, who had formerly served as
a military head of state from 1976 to 1979, was elected President of Nigeria on
February 27, 1999 in nationwide elections. Prior to the presidential election,
Obasanjo’s party, the People’s Democratic Party (PDP), won the majority of
2
Ibid., p. 20.
3
For more information on Nigeria’s political history, see CRS Report RL33594, Nigeria:
Background and U.S. Relations, by Ted Dagne and Lauren Ploch.
4
State gubernatorial and state legislative elections are scheduled for Apr.were held on April 14. The following
week, on Apr.April 21, the presidential and federal legislative elections are expected to bewere held.
5
6
U.S. State Department, “Nigeria,” Country Report on Human Rights Practices 2006.
Human Rights Watch, “Election or ‘Selection’? Human Rights Abuses and Threats to Free
and Fair Elections in Nigeria,” Apr. 2007.
CRS-3April 2007, and “Nigeria: Presidential Election Marred by
Fraud, Violence,” April 24, 2007.
CRS-3
and up to 6,000 may have been the target of ethnic or religious killings.7 Some
reports suggest those numbers may be much higher. One local human rights group
estimates that some 57,000 people have been killed in religious violence in Plateau
State alone since 2001.8 Violent incidents in the area have diminished considerably
since the federal government declared a state of emergency in 2004.
The Transition to Democratic Rule: 1998 & 1999 Elections
After years of military rule, Olusegun Obasanjo, who had formerly served as
a military head of state from 1976 to 1979, was elected President of Nigeria on
February 27, 1999 in nationwide elections. Prior to the presidential election,
Obasanjo’s party, the People’s Democratic Party (PDP), won the majority of
municipalities in local elections, held in December 1998, while the All People’s Party
(APP) came in a distant second, followed by the Alliance for Democracy (AD). In
the governorship elections in early January 1999, the PDP also dominated. Atiku
Abubakar, a northerner who was elected governor of Adamawa State in the January
elections, was chosen by the PDP as the running mate of Obasanjo, a Yoruba from
southwestern Nigeria. The APP and AD nominated Chief Olu Falae, a Yoruba, as
their joint candidate for president. A former Nigerian security chief and a northerner,
Chief Umaru Shinakfi, was chosen as Falae’s running mate.
General Obasanjo was elected president by a wide margin. Obasanjo won
62.8% of the votes (18.7 million), while his challenger, Chief Olu Falae, received
37.2% of the votes (11.1 million). In the Senate elections, the PDP won 58% of the
votes, APP 23%, and AD 19%. In the elections for the House of Representatives,
PDP received 59% of the votes, AD 22%, and APP 20%.
On May 29, 1999, Obasanjo was sworn in as president and the Nigerian Senate
approved 42 of 49 members of his cabinet. In his inaugural address, President
Obasanjo said that “the entire Nigerian scene is very bleak indeed. So bleak people
ask me where do we begin? I know what great things you expect of me at this New
Dawn. As I have said many times in my extensive travels in the country, I am not a
miracle worker. It will be foolish to underrate the task ahead. Alone, I can do little.”
The 2003 Elections
In April 2003, Nigerians went to the polls for the second time under a civilian
government. President Obasanjo was nominated by his party to serve a second-term.
The All Nigeria Peoples Party (ANPP) picked another former military leader,
General Muhammadu Buhari, as its presidential candidate. Meanwhile, the former
rebel leader, Emeka Odumegwu Ojukwu, who led the secessionist region of Biafra
in Nigeria’s civil war in the 1960s, was picked as the presidential candidate of the All
Progressive Grand Alliance (APGA). The National Democratic Party (NDP) picked
former foreign minister Ike Nwachukwu as its presidential candidate.
7
The International Crisis Group, “Want in the Midst of Plenty,” Africa Report No. 113, July
19, 2006, p. 15.
8
“Jos Voters Angry and Divided,” IRIN, April 9, 2007.
CRS-4
President Obasanjo was reelected to a second term, and his PDP party won in
legislative elections. The Independent National Electoral Commission (INEC)
declared that Obasanjo won 61.9% of the votes, while his nearest rival, General
Muhammadu Buhari of ANPP, won 32.1% of the votes. In the Senate, the PDP won
72 seats out of 109 seats, while the ANPP won 28 and the AD 5 seats. The PDP won
198 seats in the 360-seat House of Representatives, the ANPP 83 seats, and the AD
30 seats. The elections, however, were marred by serious irregularities and electoral
fraud, according to both domestic and international election observers. Among the
irregularities noted, much emphasis was placed on “inadequate election
administration.” Controversy surrounded the voter registration process, the
certification of candidates, and poor logistical preparations for the elections. One
INEC official allegedly admitted that the voters’ register was “25-30% fiction.”79
Reports of electoral malfeasance, or rigging, were also noted. Ballot box stuffing,
7
Human Rights Watch, “Election or ‘Selection’? Human Rights Abuses and Threats to Free
and Fair Elections in Nigeria,” Apr. 2007.
CRS-4
falsification of election result forms, and threats of violence were among the most
serious charges. In some states, observers noted “systematic attempts at all stages of
the voting process to alter the election results.”810 Although reports of rigging varied
widely among states, the extent of irregularities caused some to suggest that they
“compromised the integrity of the elections where they occurred.”911 The European
Union delegation noted that in at least six states “the minimum standards for
democratic elections were not met.”1012 Several election results were later overturned
in the courts.
In April 2006, the Nigerian Senate considered a bill aimed at amending the
to amend the constitution.
One of the contentious proposals would have removed the two-term
limitation and
allowed a third-term presidency; supporters of President Obasanjo had
Obasanjo supporters had reportedly pushed for this
step for months. In May 2006, theThe Nigerian Senate
effectively rejected the legislation in May 2006.
2007 Elections
Nigeria’s third national elections since the country’s return to democratic rule
were held April 14 and 21, 2007, amid widespread allegations of electoral
mismanagement and fraud. The ruling party’s presidential candidate, Umaru Musa
Yar’Adua, governor of Katsina state in northern Nigeria, who was strongly supported
by President Obasanjo, was declared the winner with over 24.6 million votes, or
70%. Yar’Adua’s running mate, Goodluck Jonathan, Governor of Bayelsa State,
hails from the Niger Delta. Some critics suggest that Obasanjo “hand-picked”
Yar’Adua in order to retain political influence after he leaves office.13 President
Yar’Adua was sworn into office on May 29, 2007.
9
Human Rights Watch, “Election or ‘Selection’? Human Rights Abuses and Threats to Free
and Fair Elections in Nigeria,” April 2007.
10
The International Republican Institute, 2003 Election Observation Report, p. 65.
11
The National Democratic Institute, “Statement of the NDI International Election Observer
Delegation to Nigeria’s April 19 Presidential and Gubernatorial Elections,” April 21, 2003.
12
13
The European Union, EU Election Observation Final Report: Nigeria, p. 2.
International Crisis Group, “Nigeria’s Elections: Avoiding A Political Crisis,” Africa
Report No. 123, March 28, 2007.
CRS-5
The country’s two largest opposition parties, the ANPP and the Action Congress
(AC), rejected the election results. The ANPP’s presidential candidate, former
President General Muhammadu Buhari, a northerner, received an estimated six
million votes. Buhari lost the presidential election to Obasanjo in 2003, but some
opinion polls conducted prior to the 2007 elections suggested that he enjoyed greater
support than Yar’Adua.14 The AC’s chosen candidate, former Vice-President Atiku
Abubakar, who also hails from the north, was not among the 24 presidential
contenders approved by INEC in May, allegedly because of pending corruption
charges against him. His exclusion exacerbated tensions during the pre-election
period, and his supporters contend he was unjustly excluded because he had opposed
Obasanjo’s third term. A last-minute ruling by Nigeria’s Supreme Court restored
Abubakar to the ballot, and he placed third with an estimated 2.6 million votes.
The ruling PDP won the majority of the state and federal elections, including 27
of the 36 state governorships. Opposition gubernatorial candidates won in at least
six states, including the most populous states of Lagos and Kano. INEC rescheduled
elections in five states (Delta, Edo, Enugu, Imo, and Ondo) because of widespread
allegations of fraud, threats of violence, or the inability of voters to cast their ballots.
The results of several of those repeat elections have been challenged in the courts. To
date, the results of six gubernatorial races have been overturned, including those in
Adamawa, Anambra, Rivers, Kebbi, Kogi, and Enugu states. A verdict by the special
court hearing the challenges to President Yar’Adua’s win has yet to be made.
Electoral Administration Challenges. With an estimated 60 million
registered voters and 120,000 polling stations, the challenges in electoral
administration are daunting in Nigeria. Prior to the 2007 elections, some observers
expressed concern over the pace of election preparations, and INEC’s credibility and
capacity to conduct a free and fair election was questioned. Nigeria’s voter
registration process began in October 2006 under a new computerized system. INEC
originally allotted a six week period for the process, during which reports suggested
the process had “so far fallen only a little short of disaster,”15 but later extended the
registration period. Although concerns over the slow start of the registration process
were largely resolved, criticism remained that the voter registration list was not
widely posted so that voters could ensure their names were registered, in accordance
with the Electoral Act of 2006. INEC later drew fire from critics who charged that
the commission had not made contingency arrangements in the event of a court ruling
that would allow Abubakar’s candidacy. According to press reports, over 60 million
ballots were printed in the weeks prior to the election that did not include his name.
After the April 16 Supreme Court ruling, new ballots had to be produced, arriving
from South Africa less than 24 hours before the vote. Distributing those ballots to
the 120,000 polling stations was deemed a “logistical nightmare.”16 Some observers
questioned the Administration’s influence over INEC’s leadership and its finances;
14
“Yar’Adua Prepares for Power,” Africa Confidential, April 13, 2007.
15
The National Democratic Institute, “Is Nigeria Ready to Vote?,” Nigeria Election Watch,
November 2006.
16
Oxford Analytica, “Nigeria: Flawed Polls Affect Democratic Stability,” April 23, 2007.
CRS-6
they alleged that INEC lacked independence and would not conduct elections fairly.17
Electoral Malfeasance and Political Violence. Pre-election reports by
several domestic and international monitoring groups suggested that the credibility
of the elections had already been undermined prior to April 14, and many analysts
and observers expected a high level of electoral fraud.18 In addition to concerns over
INEC’s ability to administer the election, there were reports by human rights activists
and media sources of harassment of domestic observers, opposition candidates and
supporters, as well as reports of detention of journalists who had written articles
critical of the government.19 The State Department documented numerous incidents
of police disbanding opposition gatherings, at times with excessive force, in its
annual human rights report for 2006.20 According to the report, police used the 1990
Public Order Act to prevent meetings critical of the government in spite of a high
court decision rejecting the authority of the police to do so. The State Department
also tied the Nigerian government or “its agents” to politically motivated killings.
Tension between political parties and candidates during the election campaign
led to violence in several locations; three gubernatorial candidates were assassinated
in 2006.21 Clashes between party supporters reportedly resulted in over 70 deaths
during the pre-election period.22 The threat of violence was high in the Niger Delta
region and other “hot spots,” including the cities of Lagos, Kano, and Kaduna, as
well in states such as Anambra, Benue, Plateau, and Taraba. The U.S. State
Department has accused several state governments of funding vigilante groups to
“detain and kill suspected criminals,” and suggests that police have done little to
investigate or stop the violence.23 There is considerable concern that these groups
were used for political purposes during the electoral period. Some election observer
groups, including the European Union and the Commonwealth, did not send
observers to the Niger Delta region because of threats of violence and/or kidnapping.
The threat of violence and legal disputes surrounding the elections led many
observers to question whether elections would be held as scheduled. On April 16,
the Nigerian Supreme Court ruled that INEC must include AC candidate Atiku
Abubakar on the presidential ballot. On the same day, an estimated 300 armed
members of an Islamic group known as the Taliban stormed a police station in Kano
State and killed 13 policemen, reportedly in retaliation for the April 13 assassination
of a prominent Islamic cleric in a city mosque. Four days prior to the presidential and
17
The International Crisis Group, “Nigeria’s Elections: Avoiding A Political Crisis,” Africa
Report No. 123, March 28, 2007, p. 14.
18
Rotberg, p. 8.
19
“Nigerian Secret Police Detain Journalists,” Voice of America, January 11, 2007.
20
U.S. State Department, “Nigeria,” Country Report on Human Rights Practices 2006.
21
The gubernatorial candidates assassinated were vying for positions in Ekiti, Lagos, and
Plateau States.
22
Human Rights Watch, “Election or ‘Selection’? Human Rights Abuses and Threats to Free
and Fair Elections in Nigeria,” April 2007.
23
U.S. State Department, “Nigeria,” Country Report on Human Rights Practices 2006.
CRS-7
legislative elections, on April 17, opposition parties called for the postponement of
the elections and disbanding of INEC on account of problems associated with the
April 14 polls. The ANPP and the AC also demanded the cancellation of the state
election results and threatened to boycott the April 21 election.24 The ANPP reversed
its boycott threat later in the week, as did the other parties.
Political violence during the elections was sporadic. Several police stations and
INEC offices around the country were burned, and there was a failed attempt to blow
up the INEC headquarters in Abuja. Some estimate that as many as 200 people may
have been killed during the elections.25
Preliminary statements from domestic and international observer groups were
highly critical, and many questioned the credibility of the election results. Most
cautioned, however, against making a final judgment on the elections until after the
adjudication of electoral disputes. Violations and irregularities reported by election
observers included polling locations opening late, closing early, or not opening at all;
errors in printed ballots for the legislative races and presidential ballots lacking serial
numbers and some candidates’ names; underage voting; vote buying; ballot box
stuffing and theft; and falsified results sheets. Media reports also documented
widespread incidents of thuggery and coercion at polling places.26 The largest
domestic monitoring group, the Transition Monitoring Group, suggested that
elections were so flawed that they should be held again.27 According to the U.S.based National Democratic Institute (NDI) delegation, led by former U.S. Secretary
of State Madeline Albright and several former world leaders, “in many places, and
in a number of ways, the electoral process failed the Nigerian people. The
cumulative effect ... substantially compromised the integrity of the electoral
process.”28 The Chief Observer of the European Union delegation said that the
elections “have not lived up to the hopes and expectations of the Nigerian people and
the process cannot be considered to have been credible.” The Economic Community
of West African States (ECOWAS) delegation was similarly critical, suggesting that
“irregularities and the sporadic violence characterized and challenged the validity of
the elections.”29 The U.S.-based International Republican Institute (IRI) called the
elections “below acceptable standards,” noting that the resolution of election disputes
would be “critical” to restoring the credibility of the country’s democratic process.30
24
“Presidential Polls: Buhari, Atiku, Others Call for Postponement,” This Day, April 18,
2007.
25
“Landslide Win for Yar’Adua is ‘Flawed,” Financial Times, April 23, 2007.
26
See, for example, “Nigerian: Forced to Vote Against My Wish,” BBC, April 23, 2007.
27
“Call for Nigeria Street Protests,” BBC, April 24, 2007.
28
The National Democratic Institute, “Statement of the National Democratic Institute
International Election Observer Delegation to Nigeria’s April 21 Presidential and National
Assembly Elections,” April 23, 2007.
29
30
“Nigeria: Elections Fraudulent; EU, Others,” Daily Trust (Abuja), April 24, 2007.
The International Republican Institute, “Nigeria’s Elections Below Acceptable Standards:
Preliminary Findings of IRI’s International Election Observation Mission,” April 22, 2007.
CRS-8
Former President Obasanjo reportedly acknowledged some electoral
irregularities, notably “logistical failures,” violence, and ballot box theft, but
announced that elections would not be re-held, saying “the magnitude does not make
the results null and void.”31 Opposition calls for mass protests went largely
unheeded, although according to media reports thousands gathered in the streets of
Kano, northern Nigeria’s largest city, on April 23, before being dispersed by police
with tear gas. World oil prices rose to $68 a barrel in the week after the election,
reportedly based in part on concerns surrounding the disputed polls.32 Despite
speculation that questions surrounding the credibility of the election results might
trigger a military coup, Yar’Adua’s inauguration was unimpeded.
Yar’Adua Takes Office. Although many observers suggest Umaru
Yar’Adua’s presidency faces a “crisis of legitimacy,” due to the reportedly systemic
fraud that underlay his electoral victory, some observers have responded with
cautious optimism to his promises of reform.33 The new president conceded in his
inaugural speech that the electoral process was flawed, and has appointed a panel of
government officials, former judges, and civil society representatives to recommend
changes to the country’s electoral institutions. He weathered early challenges to his
administration, including a general strike by Nigeria’s labor unions over a rise in fuel
prices and value-added tax. In response to the strike, Yar’Adua reduced the price
hike and announced a review of privatization deals on two of the countries refineries.
He has also voiced commitments to countering corruption and restructuring the
country’s oil and gas industry. An October 2007 report by Human Rights Watch
(HRW) noted “encouraging gestures of respect for the rule of law and the notion of
transparency in government.”34 In January 2008, however, HRW suggested that "the
credibility of President Yar'Adua's rhetoric about promoting the rule of law is at
stake," after changes were made to the country's lead anti-corruption agency.35
Politically Motivated Corruption Charges. The Obasanjo Administration
won praise for some of its efforts to combat the rampant corruption that has plagued
Nigeria, but some charge that the former president used corruption charges to sideline
critics and political opponents.36 Investigations by the Economic and Financial
Crimes Commission (EFCC), a Nigerian law enforcement agency created in 2003 to
combat corruption and fraud, have resulted in the arrest of over 2,000 responsible for
31
“Obasanjo Appeals to Nigerians Over Election Results,” Radio Nigeria-Abuja, April 23,
2007, and “Nigerian President Olusegun Obasanjo Says Elections Flawed, But Not Fatally,”
Associated Press, April 25, 2007.
32
“Landslide Win for Yar’Adua is ‘Flawed,’” Financial Times, April 23, 2007.
33
“Nigeria: Yar’Adua Faces Immediate Challenges,” Oxford Analytica, May 29, 2007, and
Lydia Polgreen, “After Rocky Election, Nigerians Warm to New Leader,” New York Times,
October 4, 2007.
34
Human Rights Watch, Criminal Politics: Violence, “Godfathers” and Corruption in
Nigeria, Vol. 19, No. 16(A), October 2007, p. 105.
35
Statement of Peter Takirambudde, Africa director of Human Rights Watch on January 1,
2007, available at [http://hrw.org/english/docs/2008/01/01/nigeri17671.htm].
36
“Strong Convictions: Nigeria’s First Anti-Corruption Czar,” Christian Science Monitor,
February 8, 2007.
CRS-9
illegal email scams and in over 130 convictions for fraud.37 The International Crisis
Group (ICG) suggests that the EFCC has been “used as a political weapon to whip
political foes, especially state governors likely to stand for the presidency and their
supporters, into line.”38 Five state governors, some of whom were considered
contenders for the PDP presidential nomination, were impeached in 2005-2006 for
corruption.39 The ICG charges that the impeachments were conducted under
heightened military presence in those states and lacked due process.40 Three of the
impeachments have been reversed by appeals courts. In October 2006 the head of the
EFCC warned that investigations of alleged financial crimes were underway for 31
of the country’s 36 state governors, and eight now face prosecution.41 In February
2007, the EFCC released a list of 135 candidates in the April elections who were
“unfit to hold public office because of corruption,” 53 of which are PDP and 82
opposition candidates.42 The legality of INEC’s decision to bar candidates on the
EFCC’s list from the elections remains in question.43
Nigeria's most controversial corruption scandal has centered on former Vice
President Atiku Abubakar, whose own political ambitions may have been sidelined
by allegations of corruption. Abubakar, once an ally of Obasanjo and a founding
member of the ruling party, publicly opposed Obansanjo’s third term bid. Abubakar
was suspended temporarily from the PDP over corruption charges in late 2006 and
was thus unable to participate in the PDP’s primary. He subsequently changed his
party affiliation, joining the Action Congress party, and the ruling party sought to
have him removed from office. In December 2006 a Nigerian court ruled that as
Vice President, Abubakar was immune from prosecution for corruption charges while
in office. In February 2007, a Federal Court of Appeals in Abuja confirmed
Abubakar’s constitutional right to remain Vice President regardless of his change in
party affiliation, but his legal troubles were not over. Abubakar’s name appeared
among those on the EFCC’s February list of corrupt candidates, and INEC
subsequently excluded him from the presidential ballot.
The March 2007 decision by INEC to exclude Abubakar from the ballot was
part of a complex series of legal battles between the Obasanjo Administration and the
former Vice President. In June 2006, the U.S. Federal Bureau of Investigations (FBI)
allegedly requested the assistance of Nigeria’s Economic and Financial Crimes
Commission (EFCC) in the investigation of a U.S. congressman who had been
accused of taking a bribe from Nigerian officials of the Petroleum Trust Fund, a state
37
Ibid.
38
International Crisis Group, “Nigeria’s Elections: Avoiding A Political Crisis,” Africa
Report No. 123, March 28, 2007. p. 3.
39
The impeached governors represented Bayelsa, Oyo, Ekiti, Anambra, and Plateau States.
40
Ibid., p. 3.
41
See, for example, Alex Mabayoje, “Closing in on Corrupt Governors,” Newswatch,
October 9, 2006, and “Nigerian Ex-Governors Are Charged,” BBC News, July 17, 2007.
42
“Strong Convictions: Nigeria’s First Anticorruption Czar,” Christian Science Monitor,
February 8, 2007.
43
The Economist Intelligence Unit, Nigeria: Country Report, March 2007.
CRS-10
agency which Abubakar had chaired.44 The EFCC inquiry allegedly uncovered
evidence linking Abubakar with the bribery case and charged him with stealing over
$125 million in federal oil funds; Abubakar denies the charges. In August 2006 the
results of the inquiry were provided to the President, who turned the matter over to
an Administrative Panel of Inquiry, which in turn recommended prosecution. The
indictment was passed to the National Assembly in September. In November, a
Lagos justice nullified the EFCC report and “set aside” the Panel of Inquiry, ruling
that the report had no legal .
Upcoming Elections
Nigeria’s political environment has grown tense in anticipation of the next
national elections, currently scheduled for April 14 and 21, 2007. If successful, the
elections will be the third since Nigeria’s return to democratic rule, and will mark the
country’s first transfer of power from one civilian government to another. The ruling
party’s presidential candidate, Umaru Musa Yar’Adua, former governor of Katsina
state, was chosen during the party’s December primary and is strongly supported by
President Obasanjo. Some analysts have questioned whether Yar’Adua, who is from
the north, has the national recognition or support needed to win the election. His
health has also recently been called into question, after he spent several days in
Europe for treatment related to kidney problems. Some critics suggest that Obasanjo
“hand-picked” Yar’Adua in order to retain political influence after he leaves office.11
His running mate, Goodluck Jonathan, Governor of Bayelsa State, hails from the
Niger Delta.
The country’s two largest opposition parties, the ANPP and the Action Congress
(AC) have formed an alliance and will be fielding joint candidates in many of the
races. The ANPP has chosen Former President General Muhammadu Buhari, a
northerner, as its presidential candidate. Buhari lost the presidential election to
Obasanjo in 2003, but some pre-election polls suggest that he enjoys greater support
than the PDP’s new candidate, Yar’Adua. The AC’s chosen candidate, current
Nigerian Vice-President Atiku Abubakar, was not among the 24 presidential
contenders approved by INEC in May, allegedly because of pending corruption
charges against him, and his exclusion has exacerbated tensions surrounding the
8
The International Republican Institute, 2003 Election Observation Report, p. 65.
9
The National Democratic Institute, “Statement of the NDI International Election Observer
Delegation to Nigeria’s Apr. 19 Presidential and Gubernatorial Elections,” Apr. 21, 2003.
10
11
The European Union, EU Election Observation Final Report: Nigeria, p. 2.
International Crisis Group, “Nigeria’s Elections: Avoiding A Political Crisis,” Africa
Report No. 123, Mar. 28, 2007.
CRS-5
upcoming vote. His supporters contend he was unjustly excluded because he had
opposed Obasanjo’s third term.
Electoral Administration Challenges. With an estimated 60 million
registered voters and 120,000 polling stations, the challenges in electoral
administration are daunting. Some observers have expressed concern over the pace
of election preparations, and INEC’s credibility and capacity to conduct a free and
fair election remain in question. Nigeria’s latest voter registration process began in
October 2007 under a new computerized system. INEC originally allotted a six week
period for the process, during which reports suggested the process had “so far fallen
only a little short of disaster,”12 but later extended the registration period. While
concerns over the slow start of the registration process seem to have been largely
resolved, there remains criticism that the voter registration list has not been widely
posted so that voters can ensure their names have been registered, in accordance with
the Electoral Act of 2006. Some have also questioned the Obasanjo Administration’s
influence over INEC’s leadership and its finances; they allege that INEC lacks
independence and will not conduct elections fairly13
Electoral Malfeasance and Political Violence. Pre-election reports by
several domestic and international monitoring groups suggest that the credibility of
the upcoming elections has already been undermined, and many analysts and
observers have suggested that there is likely to be a high level of electoral fraud.14
In addition to concerns over INEC’s ability to administer the election, there have
been reports by human rights activists and media sources of harassment of domestic
observers, opposition candidates and supporters, as well as reports of detention of
journalists who have written articles critical of the government.15 The State
Department has documented numerous incidents of police disbanding opposition
gatherings, at times with excessive force, in its annual human rights report.16
According to the report, police have used the 1990 Public Order Act to prevent
meetings critical of the government in spite of a high court decision rejecting the
authority of the police to do so. The State Department has also tied the Nigerian
government or “its agents” to politically motivated killings.
Tension between political parties and candidates during the current election
campaign has already led to violence in some locations; three gubernatorial
candidates were assassinated in 2006.17 Clashes between party supporters reportedly
12
The National Democratic Institute, “Is Nigeria Ready to Vote?” Nigeria Election Watch,
Nov. 2006.
13
The International Crisis Group, “Nigeria’s Elections: Avoiding A Political Crisis,” Africa
Report No. 123, Mar. 28, 2007, p. 14.
14
Rotberg, p. 8.
15
“Nigerian Secret Police Detain Journalists,” Voice of America, Jan. 11, 2007.
16
U.S. State Department, “Nigeria,” Country Report on Human Rights Practices 2006.
17
The gubernatorial candidates assassinated were vying for positions in Ekiti, Lagos, and
Plateau States.
CRS-6
resulted in over 70 deaths during the pre-election period.18 The threat of violence is
high in the Niger Delta region and other “hot spots,” including the cities of Lagos,
Kano, and Kaduna, as well in states such as Anambra, Benue, Plateau, and Taraba.
The U.S. State Department has accused several state governments of funding
vigilante groups to “detain and kill suspected criminals,” and suggests that police
have done little to investigate or stop the violence.19 There is considerable concern
that these groups are being used for political purposes during the electoral period.
INEC has reportedly announced that it will cancel voting in areas where violence
takes place.20 Some election observer groups, including the European Union and the
Commonwealth, have already announced they will not send observers to the oil-rich
Niger Delta region because of threats of violence and/or kidnapping.
Another potential source of instability may be tension between the north and the
south over perceived inequities in economic and educational development. Nigeria’s
2006 census has drawn controversy over its representation of the regional breakdown
of the population, reportedly concluding that 53.4% of the population lives in the
north. This could affect the country’s complex system for distributing oil revenues,
which are derived from oil reserves in Southern Nigeria. Resentment between the
northern and southern regions of the country has led to considerable unrest in the
past. According to the International Crisis Group, an estimated 8,000 Nigerians were
killed in sectarian clashes between 1999 and 2002, and up to 6,000 may have been
the target of ethnic or religious killings.21 Some reports suggest those numbers may
be much higher. One local human rights group estimates that some 57,000 people
have been killed in religious violence in Plateau State alone since 2001.22 Violent
incidents in the area have diminished considerably since the federal government
declared a state of emergency in 2004.
Any of these factors could potentially lead the government to postpone one or
both of the April elections under the country’s 2006 Electoral Act, which gives INEC
the authority to change the date of the election if the event might trigger unrest that
threatens the country’s peace and stability. The legality of that authority, should
INEC use it, could be called into question, given that the constitution stipulates the
date on which the current President must step down. Many suggest there is a high
likelihood of violence during the April 14 state elections, which could affect the
holding of the national elections the following week. There have been some rumors
18
Human Rights Watch, “Election or ‘Selection’? Human Rights Abuses and Threats to Free
and Fair Elections in Nigeria,” Apr. 2007.
19
U.S. State Department, “Nigeria,” Country Report on Human Rights Practices 2006.
20
“Three-Truck Load of Election Materials Hijacked in Nigeria,” People’s Daily, Apr. 12,
2007.
21
The International Crisis Group, “Want in the Midst of Plenty,” Africa Report No. 113,
July 19, 2006, p. 15.
22
“Jos Voters Angry and Divided,” IRIN, Apr. 9, 2007.
CRS-7
that Obasanjo might push for the creation of a two-year interim government of
national unity prior to holding elections.23
There also remains a legal dispute over whether Abubakar can run in the
elections. Should Abubakar remain excluded from the ballot, observers question
whether he will back Buhari for the presidency or continue to rally his supporters to
boycott the polls and declare the election invalid.
Politically Motivated Corruption Charges. The Obasanjo Administration
has won praise for some of its efforts to combat the rampant corruption that has
plagued Nigeria, but some charge that the President has used corruption charges to
sideline critics and political opponents.24 Investigations by the Economic and
Financial Crimes Commission (EFCC), a Nigerian law enforcement agency created
in 2003 to combat corruption and fraud, have resulted in the arrest of over 2,000
responsible for illegal email scams and in over 130 convictions for fraud.25 The
International Crisis Group (ICG) suggests that the EFCC has been “used as a political
weapon to whip political foes, especially state governors likely to stand for the
presidency and their supporters, into line.”26 Five state governors, some of whom
were considered contenders for the PDP presidential nomination, were impeached
in 2005-2006 for corruption.27 The ICG charges that the impeachments were
conducted under heightened military presence in those states and lacked due
process.28 Three of the impeachments have been reversed by appeals courts. In
October 2006 the head of the EFCC warned that investigations of alleged financial
crimes were underway for 31 of the country’s 36 state governors.29 In February 2007,
the EFCC released a list of 135 candidates in the April elections who were “unfit to
hold public office because of corruption,” 53 of which are PDP and 82 opposition
candidates.30 The legality of INEC’s decision to bar candidates on the EFCC’s list
from the upcoming elections remains in question (discussed below).31
The most controversial corruption scandal centers on Vice President Atiku
Abubakar, whose own presidential ambitions may have been sidelined by allegations
of corruption. Abubakar, once an ally of President Obasanjo and a founding member
of the ruling party, publicly opposed Obansanjo’s third term bid. Abubakar was
23
Economic Intelligence Unit, Nigeria: Country Report, Mar. 2007.
24
“Strong Convictions: Nigeria’s First Anti-Corruption Czar,” Christian Science Monitor,
Feb. 8, 2007.
25
Ibid.
26
International Crisis Group, “Nigeria’s Elections: Avoiding A Political Crisis,” Africa
Report No. 123, Mar. 28, 2007. p. 3.
27
The impeached governors represented Bayelsa, Oyo, Ekiti, Anambra, and Plateau States.
28
Ibid., p. 3.
29
Alex Mabayoje, “Closing in on Corrupt Governors,” Newswatch, Oct. 9, 2006.
30
“Strong Convictions: Nigeria’s First Anticorruption Czar,” Christian Science Monitor,
Feb. 8, 2007.
31
The Economist Intelligence Unit, Nigeria: Country Report, Mar. 2007.
CRS-8
suspended temporarily from the PDP over corruption charges in late 2006 and was
thus unable to participate in the PDP’s primary. He subsequently changed his party
affiliation, joining the Action Congress party, and the ruling party sought to have him
removed from office. In December 2006 a Nigerian court ruled that as Vice
President, Abubakar was immune from prosecution for corruption charges while in
office. In February 2007, a Federal Court of Appeals in Abuja confirmed Abubakar’s
constitutional right to remain Vice President regardless of his change in party
affiliation, but his legal troubles were not over. Abubakar’s name appeared among
those on the EFCC’s February list of corrupt candidates, and INEC subsequently
excluded him from the presidential ballot.
The March 2007 decision by INEC to exclude Abubakar from the ballot is part
of a complex series of legal battles between the Obasanjo Administration and the
Vice President. In June 2006, the U.S. Federal Bureau of Investigations (FBI)
allegedly requested the assistance of Nigeria’s Economic and Financial Crimes
Commission (EFCC) in the investigation of a U.S. congressman who had been
accused of taking a bribe from Nigerian officials of the Petroleum Trust Fund, a state
agency which Abubakar had chaired.32 The EFCC inquiry allegedly uncovered
evidence linking Vice President Abubakar with the bribery case and charged the Vice
President with stealing over $125 million in federal oil funds; Abubakar denies the
charges. In August 2006 the results of the inquiry were provided to the President,
who turned the matter over to an Administrative Panel of Inquiry, which in turn
recommended that Abubakar be prosecuted. The indictment was passed to the
National Assembly in September. In November, a Lagos justice nullified the EFCC
report and “set aside” the Panel of Inquiry, ruling that the report had no legal
foundation. The EFCC appealed the judgement.
According to Nigeria’s constitution, a presidential aspirant is ineligible to run
if “he has been indicted for embezzlement or fraud by a Judicial Commission of
Inquiry or an Administrative Panel of Inquiry.” In early March, 2007, a Federal High
Court ruled that INEC lacked the authority to disqualify candidates unless ordered
to by a court of law. On April 3, a Nigerian appeals court ruled that the
disqualification of candidates was in fact within INEC’s authority. Hours later, the
Federal High Court in Abuja contradicted that ruling, determining that INEC lacked
the authority to exclude Abubakar from the election and ordering that the electoral
body place Abubakar’s name on the ballot. Although the appeals court is the higher
of the two judicial bodies, according to some legal analysis neither court has
jurisdiction over the case of the other, leaving the issue unresolved. Abubakar is
appealing the decision of the appeals court, and, in response to the two decisions, has
said,
One judgment is specific, one is general interpretation of the provisions of the
constitution. The one that applies to me specifically is the one by the federal
High Court, which says that based on section 137, INEC has no power to exclude
me because that so-called indictment has been quashed. And therefore, [the
32
“Strong Convictions: Nigeria’s First Anti-Corruption Czar,” Christian Science Monitor,
Feb. 8, 2007.
CRS-9
court] directed and compelled INEC to return my name as a presidential
candidate of the Action Congress (AC) party.33
The final decision now rests with the country’s Supreme Court, which was expected
to consider the matter during the week of April 9, 2007. On April 11, President
Obasanjo declared April 12 and 13 public holidays to allow voters to travel home for
the elections on April 14, effectively postponing any ruling by the Supreme Court
until the week of the presidential elections.
President Obasanjo himself has not escaped charges of corruption. In March
2007, a Nigerian Senate committee report recommended that both Obasanjo and
Abubakar be prosecuted for illegal use of government funds.34 Obasanjo has rejected
the charges
The final decision rested with the country’s Supreme Court, which had been
expected to consider the matter during the week of April 9, 2007. On April 11,
President Obasanjo declared April 12 and 13 public holidays to allow voters to travel
home for the elections on April 14, effectively postponing any ruling by the Supreme
Court until the week of the presidential elections. On April 16, five days before the
elections, the court ruled that INEC could not disqualify candidates and thus
Abubakar’s name should be included on the ballot.
In August 2007, the government announced plans to “streamline criminal
prosecution of corruption-related offenses” by requiring that all prosecuting agencies,
including the EFCC and the Independent Corrupt Practices Commission (ICPC),
report and initiate criminal proceedings with the consent and approval of the attorney
general.45 Prior to this announcement, the EFCC and ICPC prosecuted offenses
independently from the ministry of justice. Critics have expressed concerns that the
new procedures could impede prosecutions.46
In late December 2007, Nigeria's Inspector General of Police announced the
transfer of EFCC head Nhuru Ribadu to the state of Jos to attend a one-year course
at a Nigerian policy institute. Some observers have questioned whether Ribadu's
transfer may be linked to his order two weeks earlier for the arrest of former Delta
State Governor James Ibori, one of the primary financial contributors to Yar'Adua's
44
“Strong Convictions: Nigeria’s First Anti-Corruption Czar,” Christian Science Monitor,
February 8, 2007.
45
“Nigerian Minister of Justice Takes Charge of Corruption Prosecution,” VOA News,
August 7, 2007.
46
Ibid.
CRS-11
presidential campaign. The Executive Director of the U.N. Office on Drugs and
Crime wrote a letter to President Yar'Adua on January 7 suggesting Ribadu's removal
could be detrimental to ongoing investigations and might damage the reputation of
the EFCC in the view of international donors.47 The EFCC has continued to prosecute
high profile cases, however, and in January 2008 ordered the arrest of Lucky
Igbinedion, former governor of Edo State, who is alleged to have stolen $25 million.
Who is Umaru Yar’Adua?
Until he was elected to be the PDP’s presidential candidate in the ruling
party’s primaries in December 2006, Umaru Yar’Adua, who was declared the
winner of the April 2007 presidential race, was largely unknown to most
Nigerians. The former chemistry professor served most recently as governor of the
northern Katsina State since his election in 1999. The reclusive Yar’Adua, 56, is
reported to be a devout Muslim, and is one of few politicians in Nigeria that have
been untainted by corruption scandals.
His better-known older brother, the late General Shehu Musa Yar’Adua,
served as Vice President under Olusegun Obasanjo in Nigeria’s first military
government to transfer power over to civilian rule and was reported to be one of
the wealthiest and most powerful men in the country. He died in prison in 1997
after having been sentenced by a military tribunal in 1995 for treason after calling
for former dictator Sani Abacha to reestablish civilian rule. Yar’Adua’s father
was a prominent minster in the country’s first government after independence.
Many observers suggest that President Yar’Adua will uphold his campaign
promise to fight corruption; in 1999 he became the first governor to publicly
declare his assets before he was sworn-in. Others suggest that given the lack of
credibility surrounding his election, Yar’Adua may have to resort to a system of
patronage to garner support for his rule. There are also concerns that former
President Obasanjo hopes to use Yar’Adua to maintain his hold on power,
although some analysts suggest he may not be as easily controlled by Obasanjo as
many expect. There have been questions about the new President’s health — in
early March 2007 he reportedly received kidney treatment in Germany.
Current Economic and Social Conditions
Nigeria has the second largest economy in Africa and generates over $47 billion
a year in oil and gas revenue, and yet many of its people are among the continent’s
poorest. According to USAID, 70% of Nigerians live on less than $1 per day, and the
average life expectancy is only 47 years. Nigeria has the world’s third largest
HIV/AIDS population (after South Africa and India), and in 2004 was home to twothirdstwo-
47
Matthew Green, "Nigerian Anti-Graft Police Arrest Governor," Reuters, January 22, 2008.
CRS-12
thirds of the world’s polio cases.3548 The country ranks 159158 of 177 countries on U.N.
Development Programme’s (UNDP) Human Development Index.3649 The U.S. State
Department attributes Nigeria’s lack of social and economic development to
“decades of unaccountable rule.”3750
Nigeria’s economy depends heavily on its oil sector. According to the World
Bank, oil and gas production account for 85% of government revenues, 99% of
export earnings, and 52% of the country’s Gross Domestic Product (GDP). The
European Union is a major trading partner, and the United States is a significant
consumer of Nigerian oil. The Economist Intelligence Unit forecasts GDP growth of
5.5% for 2007 7.5%
for 2008, due primarily to expanded deepwater oil production. As the country’s
extractive industries have grown, many of its other
industries have stagnated or
declined. Once thriving agricultural production has been
33
“Nigeria: VP Reacts to Mixed Court Rulings,” Voice of America, Apr. 4, 2007.
34
“Obasanjo Rejects Graft Indictment,” BBC News, Feb. 22, 2007.
35 on the decline for years,
and Nigeria now imports food and refined petroleum products. In an effort to increase
its refining capacity, the government has granted permits for the construction of
several independently owned refineries.
The Yar’Adua Administration has stressed its commitment to reforming the oil
and gas industry. In August 2007, the government announced plans to dissolve the
Nigerian National Petroleum Corporation (NNPC), which oversees regulation of the
industry and has been criticized for its lack of transparency. Under Yar’Adua’s
proposal, a new National Energy Council (NEC), headed by the president, will
oversee the industry. The President has appointed Rilwanu Lukman, a former OPEC
secretary-general, as a member of the NEC and as chairman of the Oil and Gas
Reforms Implementation Committee. Lukman’s committee is now reviewing the
contracts of foreign oil companies, suggesting “we may have to reconsider some of
our generous terms.”51 The government reportedly has plans to consolidate its joint
ventures under one company, similar to Malaysia’s state-run oil company, Petronas.52
Some analysts suggest the international oil majors would respond positively to such
a consolidation, which could increase efficiency in the approval of new projects.53
48
Nigerian Muslim clerics in 2002 called for a boycott of the polio vaccine, citing safety
concerns. In 2003, the Governor of Kano State, which had one of the world’s highest
incidences of polio, instituted an 11-month ban on the vaccinations. The ban was lifted in
summer 2004. The World Health Organization linked a rise in Nigeria’s polio cases and
strains elsewhere on the continent to the interruption in vaccinations. For more information
see “Nigeria: Restoring Faith in the Polio Vaccine,” IRIN, Aug.August 30, 2006.
3649
UNDP’s human development index is a composite measure of life expectancy, adult
literacy and school enrollment, and income. More information is available online at the
UNDP at the UNDP
website, [http://www.undp.org].
3750
U.S. State Department, Congressional Budget Justification for Foreign Operations
FY2008 Budget Request.
CRS-10
on the decline for years, and Nigeria now imports food and refined petroleum
products. The Obasanjo administration has made significant commitments to
economic
51
Matthew Green, “Nigeria Considers Oil Contracts Review,” Financial Times, October 23,
2007.
52
“Nigeria Seeks Energy Industry Control Amid Rising Oil Prices,” Dow Jones
International News, November 20, 2007.
53
Ibid.
CRS-13
The Obasanjo administration made significant commitments to economic
reform, including efforts to deregulate fuel prices and to improve
monitoring of official revenue, and the IMF praised its FY2004 budget as “prudent
and responsible.”
official revenue. But the country has made slow progress in privatizing state
enterprises and eliminating trade barriers. According to the U.S. State Department,
corruption in Nigeria is “massive, widespread, and pervasive.”3854 Nigeria ranks 142147
out of 163179 countries on Transparency International’s Corruption Perceptions Index.3955
Many observers suggest that the country’s development will be hindered until it can
reverse its perceived “culture of impunity for political and economic crimes.”4056
President Yar’Adua has ordered the review of all privatization agreements approved
by former President Obasanjo, amid charges of corruption associated with the sales,
and has already reversed several contracts.
Misallocation of State Funds. Former Nigerian dictator Sani Abacha
reportedly stole more than $3.5 billion during the course of his five years in power.
Switzerland, the first country to repatriate stolen funds to Nigeria, transferred an
estimated $505.5 million to Nigeria between 2005 and 2006. According to study by
the World Bank, a significant percentage of those funds were used by the Nigerian
government toward meeting the country’s Millennium Development Goals (MDGs).
The government has also recovered $149 million of the funds stolen by Abacha and
his family from the autonomous British island of Jersey and an estimated $150
million from Luxembourg. Other Abacha funds remain frozen in accounts in
Liechtenstein, Luxembourg, Switzerland, and the United Kingdom.
Nhuru Ribadu, head of theThe EFCC, estimates that over $380 billion has been
expropriated by Nigeria’s
political and military leaders since oil sales began in the
1970s.41 In early April 57 In 2005, Nigerian
Senate Speaker Adolphus Wabara was forced
to resign after President Obasanjo
accused him of taking more than $400,000 in
bribes from the Minister of Education,
Fabian Osuji. The Education Minister was
dismissed in March by President Obasanjo also dismissed. The Minister of Housing,
Alice Mobolaji
Osomo, was also fired in early April for allocating more than 200 properties to senior
senior government officials instead of public sale. In October 2006, the governor of Ekiti
Ekiti State was impeached by local legislators on corruption charges. In a controversial
controversial move, Obasanjo declared a state of emergency in Ekiti, suspending the
state’s
democratic institutions and naming a retired general as governor until the next
2007 elections. In the view of some observers, President Obasanjo’s anti-corruption
campaign is campaign
was seen as the most serious and effective of such efforts in decades, but
others others
contend there have beenwere political motivations behind some investigations.
38 More recently,
the Speaker and Deputy Speaker of Nigeria’s House of Representatives resigned
54
U.S. State Department, “Nigeria,” Country Report on Human Rights Practices 2006.
3955
The Corruption Perceptions Index measures the perceptions of business people and
country analysts regarding the degree of corruption among public officials and politicians.
For more information see [http://www.transparency.org/policy_research
/surveys_indices/
cpi/2006].
402007].
56
International Crisis Group, “Want in the Midst of Plenty,” Africa Report No. 113, July 19,
2006.
4157
“Strong Convictions: Nigeria’s First Anticorruption Czar,” Christian Science Monitor,
Feb.February 8, 2007.
CRS-11
The U.S. Securities and Exchange Commission has subpoenaed documents from
Royal Dutch Shell related to a probe of an alleged bribery case at a gas plant in
Nigeria. The alleged bribery case is being investigated in several countries, including
France, Nigeria, and Japan. The companies involved in the natural gas project and
the alleged bribery include a Halliburton subcontractor, Chicago Bridge and Iron;
Total of France; and Italy’s Eni.14
under threat of impeachment amidst allegations that the they used $5 million in
government funds to renovate their official residences and to buy 12 cars.
Former President Obasanjo himself has not escaped charges of corruption. In
March 2007, a Nigerian Senate committee report recommended that both Obasanjo
and Abubakar be prosecuted for illegal use of government funds.58 Obasanjo has
rejected the charges.
Several multinational corporations are now under investigation for paying bribes
in Nigeria. The U.S. Securities and Exchange Commission has subpoenaed
documents from Royal Dutch Shell related to a probe of an alleged bribery case at a
Nigerian gas plant. The alleged bribery case is being investigated in several countries,
including France, Nigeria, Japan, and the United Kingdom. The companies involved
in the natural gas project and the alleged bribery include a Halliburton subcontractor,
Chicago Bridge and Iron; Total of France; and Italy’s Eni. In December 2007,
Nigeria suspended its contracts with the Siemens after a German court found the
company guilty of paying an estimated 10 million euros in bribes to Nigerian officials
between 2001 and 2004.59
The Effects of Corruption. Due to decades of economic mismanagement,
political instability, and widespread corruption, the education and social services
systems have suffered from lack of funding, industry has idled, refineries are in poor
condition, and the sixth-largest oil-producing country in the world suffers
periodically from severe fuel shortages. In 2005, President Obasanjo stated that he
would stop Nigeria’s foreign debt payment if parliament passed legislation requiring
him to do so. Nigeria’s House of Representatives subsequently passed a motion
recommending that Obasanjo “cease forthwith further external debt payment to any
group of foreign creditors,” but then included $1.3 billion in debt service payments
in its 2005 budget. Speaking on behalf of the African leaders invited toat the G-8
Summit in
Scotland in July 2005, President Obasanjo welcomed the proposed aid
package for Africa.
Meanwhile, Nigeria reached a separate agreement with the Paris
Club to reduce its
external debt burden, and in 2005, creditors wrote off 60% ($18
million billion) of Nigeria’s
estimated $30 billion in external debt to the Club’s creditor
nations. Nigeria paid the
remaining $12.4 billion dollars from oil revenues.
According to World Bank estimates, the
country’s debt elimination frees $750
million for programs aimed at poverty
reduction and reaching the country’s
Millennium Development Goals (MDGs).
HIV/AIDS. Nigeria’s HIV/AIDS prevalence rate of 5.43.9% is relatively small in
comparison to some Southern African nations with adult seropositivity rates of over 30%
of the adult population
30% . However, the West African nation comprises nearly
one-tenth of the world’s
HIV/AIDS infected persons with 2.9 million infected people
(UNAIDS 2006
estimate), the largest HIV-positive population in Africa after South
Africa. Nigeria’s
population is expected to double by the year 2025, which will
multiply the spread of
the HIV virus considerably. In addition to the devastation
HIV/AIDS has caused and
continues to cause among Nigeria’s adult population, half
of the current population
is under the age of 15. With just over half of
primary-school-aged children in school
58
“Obasanjo Rejects Graft Indictment,” BBC News, February 22, 2007.
59
“Nigeria to Blacklist Siemens After Bribery Scandal,” Reuters, December 5, 2007.
CRS-15
and the large number of HIV/AIDS-infected
adults, Nigeria faces serious challenges
and significant obstacles in the education and
health care sectors.
Avian Flu. In February 2007, the World Health Organization (WHO)
confirmed the presence of H5N1 virus, which causes avian influenza, or bird flu, in
a 22-year-old deceased female from Lagos. She is believed to be the first human to
have died from the disease in Sub-Saharan Africa. The H5N1 virus had previously
been identified in poultry outbreaks in the country, and may have beenbe the source for
infected infected
poultry in neighboring countries.42 According to the U.N. Food and
42
For more information on the Avian Flu in Nigeria, see CRS Report RL33871, Foreign
Countries’ Response to the Avian Influenza (H5N1) Virus: Current Status, by Emma
(continued...)
CRS-12
Agriculture 60 According to the U.N. Food and Agriculture
Organization, Nigeria has not yet been able to successfully contain the
disease.4361
Islamic Sharia Law. Nigeria is home to Sub-Saharan Africa’s largest
Muslim population. Twelve of Nigeria’s states in the Sunni Muslim-dominated North
of the country have adopted Islamic Sharia law since 1999. In some states, the
introduction of sharia has proved to be a flashpoint between Muslims and Christians
— sectarian clashes in Kaduna state in 2000 resulted in an estimated 2,000 deaths.
The introduction of sharia has also resulted in much-publicized rulings, several of
which have been criticized by human rights groups as well as by Nigerians in the
Southern and mostly Christian part of the country. However, while sharia courts
have issued several controversial stoning and amputation sentences, the U.S. State
Department reports that none of these sentences have been implemented.4462 Kano
state ruled in 2003 that all school girls attending government schools were to wear
the hijab, Islamic head scarf, regardless of whether they are Muslim. President
Obasanjo hasFormer
President Obasanjo reportedly said that the best way to respond to Sharia is to ignore
it:
“I think Sharia will fizzle out. To confront it is to keep it alive.” In 2002, in Katsina
Katsina State, Amina Lawal was sentenced to death by stoning after a court found her guilty
guilty of adultery. In 2003, Ms. Lawal appealed her sentence to the Katsina State’s Appeals
Appeals Court and won after the Sharia Court of Appealcourt ruled that her conviction was invalid.
The The
court ruled that “it is the view of this Court that the judgment of the Upper
Sharia Sharia
Court, Funtua, was very wrong and the appeal of Amina Lawal is hereby
discharged discharged
and acquitted.” In 2001, in another highly publicized case, a Sharia court
in the State of
Sokoto sentenced Safiya Hussaini in 2001 to death for adultery. Ms. Hussaini
appealed her sentence and was exonerated on the grounds that she was impregnated
by her former husband and that the affair took place before Sharia law was enacted.
Despite such cases, many observers see the interpretation and implementation of
Nigerian sharia as moderate in comparison to that of some other Islamic countries.
Conflict in the Niger Delta
Background of the Struggle. Oil from the southern Niger Delta region has
accounted for over 75% of the country’s oil production since the 1970s, and yet the
area’s political history remains one of conflict and marginalization. Political
violence during the 2003 election was reportedly highest in the Niger Delta region45
The Delta is home to an estimated 30 million people. Among them are the Ogoni
people, an ethnic minority whose members have received international attention for
their efforts to highlight the extensive environmental damage done by oil extraction
in the region. In 1994 author and activist Ken Saro-Wiwa, president of the Movement
for the Survival of the Ogoni People (MOSOP), and 14 others were accused of
42
(...continued)
Chanlett-Avery et al.
43
U.N. Food and Agriculture Organization, “Fewer Bird Flu Outbreaks This Year,” Apr. 2,
2007.
44
45
U.S. State Department, “Nigeria,” Country Reports on Human Rights Practices 2006.
U.S. Institute for Peace, “Nigeria’s 2007 Elections: The Fitful Path to Democratic
Citizenship,” Jan. 2007, p. 7.
CRS-13
involvement in the murder of four prominent Ogoni politicians. They pled not guilty,
but nine, including Saro-Wiwa, were convicted and sentenced to death in 2005 by the
Ogoni Civil Disturbances Special Tribunal. The execution sparked international
outrage against the regime of Nigerian dictator Sani Abacha, who was accused of
extensive human rights abuses. The United States recalled its ambassador and pushed
a resolution at the U.N. General Assembly that condemned Nigeria’s action.
Criminality and Violence. Nigeria is Africa’s largest producer of oil, and
the country’s oil wealth is a source of continuing political tension, protest, and
criminality in the Delta, where most of it presently originates. The conflict has been
linked to the vandalism of oil infrastructures; massive, systemic production theft
known as “oil bunkering,” often abetted by state officials; protests over widespread
environmental damage caused by oil operations; hostage taking; and public insecurity
and communal violence. Several thousand people have been killed in pipeline
explosions in southeast Nigeria since the late 1990s; the largest single toll from an
explosion was approximately 1,000 in October of 1998. These explosions are
triggered when people siphon off oil from holes punched in the above-ground
pipeline for personal use, resulting in a reported loss of up to 200,000 barrels of oil
per day. The government established a national task force on surveillance of
petroleum pipelines in order to prevent a recurrence of the 1998 pipeline explosion
tragedy.
In 1998, militants from the Delta’s largest ethnic group, the Ijaw, initiated
“Operation Climate Change
60
For more information on the Avian Flu in Nigeria, see CRS Report RL33871, Foreign
Countries’ Response to the Avian Influenza (H5N1) Virus: Current Status, by Emma
Chanlett-Avery et al.
61
U.N. Food and Agriculture Organization, “Fewer Bird Flu Outbreaks This Year,” April
2, 2007.
62
U.S. State Department, “Nigeria,” Country Reports on Human Rights Practices 2006.
CRS-16
area’s political history remains one of conflict and marginalization. The Delta is
home to an estimated 31 million people. Among them are the Ogoni, an ethnic
minority whose members have received international attention for their efforts to
highlight the extensive environmental damage done by oil extraction in the region.
In 1994 author and activist Ken Saro-Wiwa, president of the Movement for the
Survival of the Ogoni People (MOSOP), and 14 others were accused of involvement
in the murder of four prominent Ogoni politicians. They pled not guilty, but nine,
including Saro-Wiwa, were convicted and sentenced to death in 2005 by the Ogoni
Civil Disturbances Special Tribunal. The execution sparked international outrage
against the regime of Nigerian dictator Sani Abacha, who was accused of extensive
human rights abuses. The United States recalled its ambassador and pushed a
resolution at the U.N. General Assembly that condemned Nigeria’s action.
Criminality and Violence. Nigeria oil wealth is a source of continuing
political tension, protest, and criminality in the Delta, where most of it presently
originates. The conflict has been linked to the vandalism of oil infrastructures;
massive, systemic production theft known as “oil bunkering,” often abetted by state
officials; protests over widespread environmental damage caused by oil operations;
hostage taking; and public insecurity and communal violence. Several thousand
people have been killed in pipeline explosions in southeast Nigeria since the late
1990s; the largest single toll from an explosion was approximately 1,000 in October
of 1998. These explosions are triggered when people siphon off oil from holes
punched in the above-ground pipeline for personal use, resulting in a reported loss
of up to 200,000 barrels of oil per day. The government established a national task
force on surveillance of petroleum pipelines in order to prevent a recurrence of the
1998 pipeline explosion tragedy.
In 1998, militants from the Delta’s largest ethnic group, the Ijaw, initiated
“Operation Climate Change,” triggering violent conflict between the Ijaw and the
Nigerian military and disrupting oil production in the region. Threats of an “all out
war” against the government and the oil companies by Mujahid DokubuDokubo-Asari, one
of the leaders of that group, in 2004 reportedly played a role in the unprecedented rise
in the world price of oil above $50 a barrel.4663 The threat was later called off after
negotiations with the government.
In September 2004, a new rebel movement, the Niger Delta People’s Volunteer
Force (NDPVF), led by DokubuDokubo-Asari, launched a series of attacks against
government forces and threatened to attack foreign oil workers. The NDPVF is
demanding autonomy for the region and a share of oil revenues. An estimated 500
people were reportedly killed that month in the ensuing violence, according to
Amnesty International, though the Nigerian government disputes this figure. On
September 29, 2004, the NDPVF and the Nigerian government reportedly reached
a cease-fire agreement. DokubuDokubo-Asari stated that “there should be a cessation of
hostilities on both sides. Apart from that, we have not agreed on anything else for
the time being.” He was arrested in September 2005 and charged with plotting to
overthrow the government. In November 2005, the Nigerian army deployed
additional troops to the oil-rich Bayelsa State after lawmakers began impeachment
63
“Pumping Up the Oil Price; the Price of Oil,” The Economist, October 1, 2004.
CRS-17
proceedings against State Governor Diepreye Alamieyeseigha. In September 2005,
British authorities had charged Alamieyeseigha, while visiting in London, with
money laundering. The former governor, who returned to Nigeria, now awaits trial
in an Abuja prison.
46
“Pumping Up the Oil Price; the Price of Oil,” The Economist, Oct. 1, 2004.
CRS-14was found guilty
of money laundering and embezzlement in July 2007. He was later released by
President Yar'Adua on a plea bargain to help advance peace talks in the Delta. The
British government has returned over $2 million in assets allegedly stolen by
Alamieyeseigha to Nigerian authorities.
Conflict between the Delta’s militants and the Nigerian military has escalated
since early 2006, and the kidnapping of foreign oil workers has increased
exponentially in recent monthsincreased exponentially
in 2007. A new rebel group, the Movement for the
Emancipation of the Niger Delta
(MEND), emerged in late 2005, and has used the
kidnappings to bring international
attention to its cause and to demand that the
government release the NDPVF leader
and former Bayelsa State Governor
Alamieyeseigha. Media reports suggest that an estimated 70over two
hundred hostages have been
taken since the beginning of 2007, including at least one American.47several
American citizens.64 Attacks by
militant groups like the MEND have cut Nigeria’s
oil production by as much as 25%
in the last year., and analysts partially credit likely
supply disruptions in Nigeria with raising the world price of oil above $70 per barrel
in May 2007.65 Nigeria’s deep-water production has proven vulnerable to militant
attacks as well, and the threat of sea piracy is high. Some experts estimate that up to
According to some estimates, up
to 10% of Nigeria’s oil is stolen every year. Many, and some experts suggest that some of the
heightened violence and criminality in the Delta is beingwas used to fund local political
campaigns for the upcoming elections.
Effects on the Oil Industry and the World Market. Nigeria produces an
estimated 2.5 million barrels per day (bpd), but instability, criminality, and oil leaks
in the Delta have, at times, reportedly cut production by as much as 800,000 bpd.48
By comparison, Saudi Arabia produces an estimated 10.5 bpd, Iran an estimated 4.1
bpd, and Venezuela an estimated 2.9 bpd.49 In 2005, a group of former senior U.S.
national security officials convened a working group to develop a possible U.S.
response to a simulated world oil crisis.50 Under the scenario given to the
participants, civil unrest in northern Nigeria requires the Nigerian government to
move troops from the unstable Niger Delta region to quell violence in the north.
Unprotected, oil companies in the Delta cease production, and the country’s
contribution to the world oil market is reduced by 800,000 bpd for an extended
period. Combined with an unseasonably cold winter and hypothetical terrorist
attacks in Saudi Arabia, oil prices rise to $120 per barrel and U.S. gasoline prices at
the pump rise to 4.74 per gallon, triggering a recession and potential job losses of up
to 2 million. As was seen in 2004, even the threat of a coordinated militant attack
against oil targets in the Delta can affect the price of oil on the world market. A
longer and more sustained disruption of the country’s oil supply, particularly if
combined with the disruption of another major supplier’s product, would likely have
a significant impact on the world economy.
Efforts to Address Environmental &2007 elections.66
In June 2007, MEND declared a one-month truce, declaring it would cease
kidnappings and attacks on oil facilities during that period in exchange for dialogue
with the new Yar’Adua government. As part of the truce, the group released several
hostages taken from a Chevron facility, including at least one American.67 The
NDPVF extended a similar 90-day truce offer a week later, and groups represented
under the so-called Joint Revolutionary Council (JRC) also declared a temporary
ceasefire. Other smaller militant groups remained active; an unidentified group
invaded a flow station in Bayelsa State on June 17. In July 2007 the truce appeared
unravel, and in August MEND announced that it would resume attacks on oil
installations. Gang violence in Port Harcourt, the region’s main city, escalated into
running street battles until government troops imposed a curfew on the city. Random
violence in the city continues. MEND spokesman Henry Okah, also known as Jomo
Gbomo, was arrested in Angola in September 2007 on suspicion of arms-trafficking.
64
“Nigeria Launches New Development Plan for Niger Delta,” Voice of America, March 27,
2007.
65
“Oil Steady Over 70 USD as Concerns about US Gasoline Supply, Nigeria Continue,”
AFX News Limited, May 22, 2007.
66
Human Rights Watch, Criminal Politics: Violence, “Godfathers” and Corruption in
Nigeria, Vol. 19, No. 16(A), October 2007.
67
“Nigerian Militants Free Six Hostages, Suspend Attacks for a Month,” Agence France
Presse, June 2, 2007.
CRS-18
Efforts to Address Environmental and Development Challenges. Oil
production in the Delta has caused major damage to the area’s fragile riverine
ecosystem, and ultimately to the livelihoods of its inhabitants. Some reports suggest
up to 2.5 million barrels of crude leaked into the Delta’s fragile ecosystem between
47
“Nigeria Launches New Development Plan for Niger Delta,” Voice of America, Mar. 27,
2007.
48
Economist Intelligence Unit, Nigeria,” Country Reports, Feb. 2007, p. 29.
49
Production figures acquired from Securing America’s Future Energy (SAFE), a non-profit
organization that aims to reduce U.S. oil dependence.
50
For more information on the exercise, known as “Oil Shockwave,” see [http://www.secure
energy.org/reports/oil_shock_report_master.pdf].
CRS-15
1986 and 1996.51
1986 and 1996.68 Gas flares, which burn unwanted natural gas when drilling for oil,
have plagued the Delta with acid rain and air pollution.5269 This pollution has severely
limited locals’ access to clean water, and has largely destroyed the fishing stocks the
majority of Delta inhabitants depended on to make a living.5370 In 2006, Shell Oil was
ordered by a Nigerian federal court to pay $1.5 billion to compensate local
communities for environmental damage; the company is appealing the decision. In
Shell has filed an appeal. In part to reduce
gas flaring, the government is backing severalnow backing projects to store and
export natural gas.
The current federal system provides states with a 13% share of local revenues
(predominately from oil sales). Groups like MEND argue that the states should
receive a 50% share, as was stipulated in the 1960 constitution. Some analysts,
however, suggest that corruption within the state governments is so high that the
local populations would see little improvement even if the state share were raised.
Some of the oil-producing states have reported revenues of up to $1.3 billion per year
but have dismal records of development or service delivery.54 export natural gas.
The new government appears to be taking steps to engage the Delta’s disaffected
communities. An unprecedented 20% of Yar’Adua’s federal budget proposal for
2008 has been allocated for security and development projects in the Delta, although
Delta activists have expressed concerns that the amount allocated for security far
outweighs funds dedicated to development.71 President Yar’Adua reportedly
requested U.N. assistance in resolving the crisis during an introductory meeting with
U.N. Secretary General Ban Ki-moon. NDPVF leader Dokubo-Asari was released
from prison on bail on June 14, 2007, allegedly because of the militant’s failing
health. According to media reports, upon his release he denounced the practice of
hostage-taking in the region and has been assisting in government’s negotiations with
militants.72 In December 2007, the Bayelsa state government announced the signing
of a peace agreement with the state’s militant groups, although MEND has rejected
the truce, declaring it will increase its attacks until Okah is released.
Most observers agree that the crisis in the Delta must ultimately be solved
politically, rather than militarily, but there is considerable disagreement on the details
of such a solution. The current federal system provides states with a 13% share of
local revenues (predominately from oil sales). Groups like MEND argue that the
states should receive a 50% share, as was stipulated in the 1960 constitution. Some
analysts, however, suggest that corruption within the state governments is so high
that the local populations would see little improvement even if the state share were
raised. Some of the oil-producing states have reported revenues of up to $1.3 billion
per year but have dismal records of development or service delivery.73 The Obasanjo
Administration launched a new development plan for the region in late March 2007
under the auspices of the Niger Delta Development Corporation (NDDC), which was
68
“Blood and Oil,” The Economist, March 15, 2007.
69
The government has ordered an end to large-scale flaring by 2008, but several major oil
companies have reported they will be unable to comply in that time frame.
70
International Crisis Group, “Fueling the Niger Delta Crisis,” Africa Report No. 118,
September 28, 2006.
71
“Nigeria’s Pledge to Increase Niger Delta Spending Elicits Skeptical Response,” VOA
News, November 11, 2007.
72
“Freed Militant Opposes Kidnappings,” This Day, June 17, 2007.
73
“Blood and Oil,” The Economist, March 15, 2007.
CRS-19, which was
established in 2000 to improve social and environmental conditions in the Delta.
Improvements in infrastructure and education will be a major focus for the new15-year,
$50 billion plan, according to
reports.55 Some analysts 74 The government’s 2008 budget includes
$566 million for the NDDC, more than double the 2007 allotment. Some analysts
suggest that given the level of corruption endemic in the
Delta, the international
community should work with the Nigerian government to
establish a new development fund that would have independent oversight.
International Relations
Since the 1990s, Nigeria has emerged as an important player in regional and
international affairs. Nigeria is one of the eleven members of the Organization of the
Petroleum Exporting Countries (OPEC), and is a key member of the Economic
Community of West African States (ECOWAS). The government has helped to
resolve political disputes in Togo, Mauritania, Liberia, and Cote d’Ivoire. Nigeria has
also played an important role in facilitating negotiations between the government of
Sudan and the Darfur rebels. Nigerian troops have played a vital role in peacekeeping
operations in Sierra Leone and Liberia, and are currently in Cote d’Ivoire, Congo,
Liberia and Sudan. Nigerian police and military observers are also participating in
UN missions around the world in such areas as Timor-Leste, Kosovo, and Haiti.
51
“Blood and Oil,” The Economist, Mar. 15, 2007.
52
The government has ordered an end to large-scale flaring by 2008, but several major oil
companies have reported they will be unable to comply in that time frame.
53
International Crisis Group, “Fueling the Niger Delta Crisis,” Africa Report No. 118, Sept.
28, 2006.
54
55
“Blood and Oil,” The Economist, Mar. 15, 2007.
“Nigeria Launches New Development Plan for Niger Delta,” Voice of America, Mar. 27,
2007.
CRS-16
The Bakassi Peninsula. Nigeria and Cameroon recently resolved a longstanding border dispute regarding an area known as the Bakassi peninsula. The
development fund that would have independent oversight.
Effects on the Oil Industry and the World Market. Nigeria produces an
estimated 2.5 million barrels per day (bpd), but instability, criminality, and oil leaks
in the Delta have, at times, reportedly cut production by as much as 800,000 bpd.75
By comparison, Saudi Arabia produces an estimated 10.5 bpd, Iran an estimated 4.1
bpd, and Venezuela an estimated 2.9 bpd.76 In 2005, a group of former senior U.S.
national security officials convened a working group to develop a possible U.S.
response to a simulated world oil crisis.77 Under the scenario given to the
participants, civil unrest in northern Nigeria requires the Nigerian government to
move troops from the unstable Niger Delta region to quell violence in the north.
Unprotected, oil companies in the Delta cease production, and the country’s
contribution to the world oil market is reduced by 800,000 bpd for an extended
period. Combined with an unseasonably cold winter and hypothetical terrorist
attacks in Saudi Arabia, oil prices rise to $120 per barrel and U.S. gasoline prices at
the pump rise to 4.74 per gallon, triggering a recession and potential job losses of up
to 2 million. As was seen in 2004, even the threat of a coordinated militant attack
against oil targets in the Delta can affect the price of oil on the world market. A
longer and more sustained disruption of the country’s oil supply, particularly if
combined with the disruption of another major supplier’s product, would likely have
a significant impact on the world economy.
International Relations
Since the 1990s, Nigeria has emerged as an important player in regional and
international affairs. Nigeria is one of the eleven members of the Organization of the
Petroleum Exporting Countries (OPEC), and is a key member of the Economic
Community of West African States (ECOWAS). The government has helped to
resolve political disputes in Togo, Mauritania, Liberia, and Cote d’Ivoire. Nigeria has
also played an important role in facilitating negotiations between the government of
Sudan and the Darfur rebels. Nigerian troops have played a vital role in peacekeeping
operations in Sierra Leone and Liberia, and are currently in Cote d’Ivoire, Congo,
74
“Nigeria Launches New Development Plan for Niger Delta,” Voice of America, March 27,
2007, and “New Hope for Old ‘Master Plan’ on Niger Delta,” IRIN, November 19, 2007.
75
Economist Intelligence Unit, Nigeria,” Country Reports, February 2007, p. 29.
76
Production figures acquired from Securing America’s Future Energy (SAFE), a non-profit
organization that aims to reduce U.S. oil dependence.
77
For more information on the exercise, known as “Oil Shockwave,” see [http://www.secure
energy.org/reports/oil_shock_report_master.pdf].
CRS-20
Liberia and Sudan. Nigerian police and military observers are also participating in
UN missions around the world in such areas as Timor-Leste, Kosovo, and Haiti.
The Bakassi Peninsula. In 2006, Nigeria and Cameroon reached agreement
on a long-standing border dispute regarding an area known as the Bakassi peninsula.
The International Court of Justice (ICJ) ruled in 2002 that the peninsula belonged to
Cameroon, but that its residents, most of whom reportedly consider themselves
Nigerian, could retain their Nigerian nationality. Despite the ruling, tension
remained, and the transfer of possession was delayed. The presidents of the two
countries met with UN Secretary General Kofi Annan in June 2006, and President
Obasanjo agreed to withdraw Nigerian troops from the area and transfer complete
control within two years. Nigeria formally handed control of the peninsula to
Cameroon on August 14, 2006, although it will remain under Nigerian civilian
control until 2008. A mixed commission is conducting an ongoing demarcation of
villages along the border. Some have refused to accept the transfer; in November
2007 militants killed 21 Cameroonian soldiers on the peninsula. Two weeks later,
the Nigerian senate approved a motion declaring the transfer illegal because it had
not been ratified by the National Assembly. President Yar’Adua has requested that
the Senate expedite its ratification of the agreement to comply with the ICJ ruling.
Issues for Congress
Administration Policy on Nigeria
After a period of strained relations in the 1990s, U.S.-Nigeria relations have
steadily steadily
improved since the election of under the administration of former President Obasanjo. The Bush Administration
Administration has praised the government’s improved budget practices, banking
sector reform, and
efforts to eliminate the country’s foreign debt, although the
Administration remains
critical of the country’s human rights record and questions
its commitment to ensuring free and
fair elections. President Bush visited the
country in July 2003, and First Lady Laura
Bush visited Nigeria in January 2006. Bush visited Nigeria in January 2006.
Following the April 2007 elections, though, the Bush Administration has expressed
concern with what a State Department spokesman called “a flawed election, and in
some instances, deeply flawed.”78 The White House reportedly denied a request from
Obasanjo for a farewell visit to Washington following the elections, and the
Administration did not send a high-level delegation to President Yar’Adua’s
inauguration.79 Nevertheless, the State Department has stressed the need to “engage”
78
“Governing Party Wins in Nigeria, but Many Claim Fraud,” New York Times, April 23,
2007.
79
The U.S. delegation was led by Assistant Secretary of State for African Affairs Jendayi
Frazer and the U.S. Ambassador to Nigeria. For more information see testimony of Lorne
Craner, President of the International Republican Institute, at a hearing of the House
Subcommittee on Africa and Global Health, “Nigeria at a Crossroads: Elections,
Legitimacy, and a Way Forward,” June 7, 2007.
CRS-21
rather than isolate the country in order to “nurture Nigeria’s fragile democracy,” and
President Bush met Yar’Adua at the White House on December 13, 2007.80
Nigeria is an important trading partner for the United States, and is the largest
beneficiary of U.S. investment on the continent. Nigeria is the United States’ fifth
largest source of imported oil (behind Canada, Mexico, Saudi Arabia, and
Venezuela) . Nigeria has more than 3,000 million metric tons36.2 billion barrels of proven petroleum
reserves, and some estimates suggest future exploration could double that figure.56
reserves,
and reports suggest significantly increased output from deepwater wells in the
coming year.81 The government plans to increase its reserves to 40 billion barrels by
2010. Gulf of Guinea crude is prized on the world market for its low-sulphur
content, and
Nigeria’s proximity to the United States relative to that of oil producing
countries in
the Middle East makes Nigeria’s oil particularly attractive to American
interests. In
2005, the United States, Nigeria, and other interested partners initiated
the “Gulf of
Guinea Energy Security Strategy,” a forum through which participants
work to
address the challenges of oil production in the Niger Delta. U.S. imports of Nigerian
Nigerian crude account for an estimated 4042% of that country’s total oil exports, and
the United
States is Nigeria’s second largest trading partner after Britain. The
country is eligible
for trade benefits under the African Growth and Opportunity Act
(AGOA). The
country’s AGOA-eligible exports, which account for 9392% of
Nigeria’s total exports
to the United States, were valued at $22.525.8 billion in 20052006.
Nigeria plays a significant role in peacekeeping operations across the continent,
and the Bush Administration considers Nigeria an important partner in the war on
terror. Former President Obasanjo has reportedly played a critical role in building consensus
consensus on the continent for cooperation in U.S. counter-terrorism efforts. The United States
56
Europa Regional Surveys of the World, Africa South of the Sahara 2006, 2005.
CRS-17
United States provides the country with military training with an emphasis on professionalization
professionalization and respect for human rights and civilian authority through the
International Military
Education and Training (IMET) program and other security
assistance. The State
Department has established ten “American Corners” to share
information on
American culture and values with Nigerians. In early November
2007, Nigerian security forces arrested a group of Islamic militants in northern
Nigeria. The suspects, who have been charged with plotting to attack government
buildings, are alleged to have ties with Al Qaeda.
In 2003, the United States offered a $2 million reward for the capture of former
Liberian president Charles Taylor, who was in exile in Nigeria. Taylor has been
charged with war crimes by the Special Court for Sierra Leone. The $2 million
reward was inserted in the Iraqi Emergency Supplemental bill, S. 1689, which
became P.L. 108-106 in late 2003. The provision did not specifically refer to Taylor,
although it is widely believed that the reference was to him. The Bush Administration
has stated that Taylor should be held accountable for the crimes he committed in
Liberia and Sierra Leone,5782 and reportedly encouraged Nigeria to offer Taylor
80
Testimony of Assistant Secretary of State Jendayi Frazer, Ibid.
81
Energy Information Administration, “Nigeria Energy Data, Statistics and Analysis,”
Country Analysis Briefs, April 2007, available at [http://www.eia.doe.gov].
82
“Confronting War Crimes in Africa,” Statement of Pierre-Richard Prosper, U.S.
(continued...)
CRS-22
political asylum. President Obasanjo was opposed to transferring Taylor to the
Special Court for Sierra Leone (SCSL), which indicted Taylor on 17 counts of war
crimes, crimes against humanity, and violation of international humanitarian law in
March 2003. The Nigerian government said that any attempt to kidnap Taylor would
be viewed as “a violation of Nigeria’s territorial integrity.”5883 In May 2005, President
Obasanjo met with President Bush and other senior Administration officials in
Washington to discuss the crisis in Darfur, Sudan; debt relief; and the legal status
of former Liberian president Charles Taylor. Taylor was captured by Nigerian
authorities in late March 2006, after his failed attempt to flee to a neighboring
country. A day after Taylor’s arrest, Obasanjo visited Washington and met with
President Bush. Taylor is now being heldtried by the SCSL at the Hague, and his trial is
scheduled to begin in June 2007.
U.S. Assistance to Nigeria. USAID is the largest bilateral donor in Nigeria,
and the Bush Administration has requested over $533 million in assistance to the
country for FY2008. Democratic governance, agriculture and economic reform,
improved education and health services, professionalization and reform of the
security services, and HIV/AIDS provide the main focus for U.S. assistance programs
in Nigeria (see Table 1 for more on U.S. assistance to Nigeria). U.S. initiatives to
promote good governance seek to strengthen civil society, make government
institutions more accountable, improve the capacity and transparency of the judiciary,
and prevent and manage conflict, and ensure transparent elections. The United
States has provided $1 million to train over 8,000 anti-corruption prosecutors.
Working with local Working with local
partners, USAID is supporting early warning networks to prevent
conflict in the
Niger Delta. U.S. economic and agriculture assistance supports
programs that will
increase productivity. Nigeria is one of 15 focus countries under
the President’s
Emergency Plan for AIDS Relief (PEPFAR), and received
approximately $163.6
million in FY2006 to support HIV/AIDS programs. U.S.
assistance aims to halve
Nigeria’s tuberculosis incidence in the next decade.
57
“Confronting War Crimes in Africa,” Statement of Pierre-Richard Prosper, U.S.
The United States government provided over $8 million in assistance for
programs aimed at strengthening democratic governance in Nigeria in FY2006. The
United States Agency for International Development (USAID), which administers
those programs, has requested $13.2 million for FY2008. FY2008 funds will support
programs aimed at strengthening the capacity, transparency, and independence of the
judiciary; improving anti-corruption efforts; and building civil society capacity. Such
assistance will also support post-election activities working to improve the
organizational development of political parties, foster the independence of the
electoral commission, and to improve civil society oversight of redistricting,
according to the Administration’s Congressional Budget Justification.84
82
(...continued)
Ambassador-at-Large for War Crimes Issues to the House Subcommittee on Africa, June
24, 2004.
5883
84
“Security Beefed Up Around Taylor,” This Day (Nigeria), Nov. 12, 2003.
CRS-18
Congressional Interest
The 110th Congress. On April 6, 2007, Representative Tom Lantos,
Chairman of the November 12, 2003.
On December 26, the President signed into law the FY2008 Consolidated Appropriations
Act (H.R. 2764/P.L. 110-161), which included State, Foreign Operations, and Related
Programs appropriations for FY2008. Country-specific allocations have not yet been
released.
CRS-23
Congressional Interest
The 110th Congress. The 110th Congress closely followed Nigeria recent
electoral process. On April 6, 2007, Representative Tom Lantos, Chairman of the
House Foreign Affairs Committee issued a press release with three
committee committee
members expressing “serious concern about the prospects for free, fair,
and peaceful
conduct of the upcoming elections in Nigeria.”59 House Africa
Subcommittee Chairman Donald Payne is leading a congressional delegation to
observe the elections.
No Nigeria-specific legislation has been introduced in the 110th Congress. In
January 2007, the Senate Energy and Natural Resources Committee held a hearing
on the Geopolitics of Oil and its Implications for U.S. Economic and International
Security. The potential disruption of Nigeria’s oil supply due to instability in the
85 Representative Donald Payne,
Chairman of the House Foreign Affairs Subcommittee on Africa and Global Health,
expressed similar concern in a statement on April 20.
Following the 2007 elections, Senator Russ Feingold issued a statement
condemning electoral irregularities, saying “President Obasanjo’s leadership over the
last eight years has been called into question by the failure of efforts to reform
Nigeria’s electoral system and combat political corruption. The Administration
should not legitimize this election as doing so would undermine our commitment to
good governance and transparency, and to building strong democracies.”86
The House Subcommittee on Africa and Global Health held a hearing entitled
“Nigeria at a Crossroads: Elections, Legitimacy, and a Way Forward” on June 7,
2007. Nigeria’s flawed elections also featured prominently in a July 17, 2007
hearing on Democracy in Sub-Saharan Africa by the Senate Subcommittee on
African Affairs. Earlier, in January 2007, the Senate Energy and Natural Resources
Committee held a hearing on the Geopolitics of Oil and its Implications for U.S.
Economic and International Security. The potential disruption of Nigeria’s oil supply
due to instability in the Niger Delta was among the topics covered in the hearing.
The 109th Congress. Several Nigeria-related bills were passed in the 109th
Congress. In November 2006, the Senate passed S.Res. 611, introduced by Senator
Russ Feingold, to support the efforts of the Independent National Electoral
Commission of the Government of Nigeriaelectoral commission, political parties,
civil society, religious
organizations, and the people of NigeriaNigerian people to facilitate the
country’s first democratic transition
of Nigeria from one civilian government to another in the 2007 general
2007 elections. In
May, May 2005, Congress passed H.Con.Res. 127, introduced by Representative Ed
Royce. This legislation called on the government of Nigeria to transfer former
Liberian president Charles
Representative Ed Royce, calling on the Nigerian government to transfer Charles
Taylor to the Special Court for Sierra Leone.
The Africa Subcommittee of the The House Foreign Affairs Committee
Africa Subcommittee held a held a
hearing in May 2006 on Nigeria’s Struggle with
Corruption. Nigeria’s oil resources
were discussed in a hearing by the House
Resources Committee Subcommittee on Energy and Mineral Resources
of the House Resources Committee on U.S. on U.S.
Energy and Mineral Needs, Security, and
Policy, in March 2005.
In 1999 the Clinton Administration established the U.S.-Nigeria Joint Economic
Partnership Commission as an effort to build more substantive engagement with the
country. One well-known Africa analyst has recommended that Congress establish
a new U.S.-Nigeria bilateral commission to facilitate regular high level
communication between senior officials.60
59
For more information, see [http://foreignaffairs.house.gov/].
60
Rotberg, p. 6.
CRS-19 Policy, in March 2005.
85
86
For more information, see [http://foreignaffairs.house.gov/].
See “Statement of U.S. Senator Russ Feingold on the Marred Nigerian Election,” April
23, 2007 at [http://feingold.senate.gov].
CRS-24
Table 1. U.S. Assistance to Nigeria
($ millions, fiscal years)
Program
DA
CSH
ESF
FMF Grants
GHAI
INCLE
IMET
Total
2002
Actual
15.8
36.6
8.5
2003
Actual
23.3
47.9
3.8
2004
Actual
13.6
42.5
4.9
2005
Actual
14.8
28.2
4.9
85.9
2.2
66.5
75.1
61.1
136.2
2006
Actual
12.5
21.5
4.9
0.99
138.6
0.99
.792
180.354
0.79
180.354
2007
653(a)
24
32.4
6.5
1
246.9
0.4
0.69
313.815
Source: U.S. Department of State.
Table Abbreviations:
DA = Development Assistance
CSH = Child Survival and Health Programs Fund
ESF = Economic Support Fund
FMF = Foreign Military Financing
IMET = International Military Education and Training (Notification required)
INCLE = International Narcotics Control & Law Enforcement
GHAI = Global HIV/AIDS Initiative
2008
Request
31.4
31.3
1.35
467.5
1.2
0.8
533.55
CRS-20
Figure 1. Map of Nigeria
Source: Central Intelligence Agency (CIA).