[Senate Hearing 111-650]
[From the U.S. Government Printing Office]
S. Hrg. 111-650
EXAMINING THE U.S.-NIGERIA RELATIONSHIP
IN A TIME OF TRANSITION
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON AFRICAN AFFAIRS
OF THE
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
FEBRUARY 23, 2010
__________
Printed for the use of the Committee on Foreign Relations
Available via the World Wide Web: http://www.gpoaccess.gov/congress/
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COMMITTEE ON FOREIGN RELATIONS
JOHN F. KERRY, Massachusetts, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin BOB CORKER, Tennessee
BARBARA BOXER, California JOHNNY ISAKSON, Georgia
ROBERT MENENDEZ, New Jersey JAMES E. RISCH, Idaho
BENJAMIN L. CARDIN, Maryland JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania JOHN BARRASSO, Wyoming
JIM WEBB, Virginia ROGER F. WICKER, Mississippi
JEANNE SHAHEEN, New Hampshire JAMES M. INHOFE, Oklahoma
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York
David McKean, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
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SUBCOMMITTEE ON AFRICAN AFFAIRS
RUSSELL D. FEINGOLD, Wisconsin, Chairman
BENJAMIN L. CARDIN, Maryland JOHNNY ISAKSON, Georgia
JIM WEBB, Virginia JIM DeMINT, South Carolina
EDWARD E. KAUFMAN, Delaware BOB CORKER, Tennessee
JEANNE SHAHEEN, New Hampshire JAMES M. INHOFE, Oklahoma
(ii)
C O N T E N T S
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Page
Campbell, Hon. John, Ralph Bunche Senior Fellow for African
Policy Studies, Council on Foreign Relations, New York, NY..... 24
Prepared statement........................................... 26
Carson, Hon. Johnnie, Assistant Secretary of State for African
Affairs, Department of State, Washington, DC................... 4
Prepared statement........................................... 6
Feingold, Hon. Russell D., U.S. Senator From Wisconsin........... 1
Isakson, Hon. Johnny, U.S. Senator From Georgia.................. 3
Lewis, Dr. Peter, associate professor and director of the African
Studies Program, Johns Hopkins University, Paul H. Nitze School
of Advanced International Studies, Washington, DC.............. 19
Prepared statement........................................... 20
Ribadu, Nuhu, visiting fellow, Center for Global Development,
Washington, DC................................................. 30
Prepared statement........................................... 31
(iii)
EXAMINING THE U.S.-NIGERIA RELATIONSHIP IN A TIME OF TRANSITION
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TUESDAY, FEBRUARY 23, 2010
U.S. Senate,
Subcommittee on African Affairs,
Committee on Foreign Relations,
Washington, DC.
The subcommittee met, pursuant to notice, at 10:15 a.m., in
room SD-419, Dirksen Senate Office Building, Honorable Russell
D. Feingold (chairman of the subcommittee) presiding.
Present: Senators Feingold, Cardin, Kaufman, and Isakson.
OPENING STATEMENT OF HON. RUSSELL D. FEINGOLD,
U.S. SENATOR FROM WISCONSIN
Senator Feingold. The hearing will come to order and on
behalf of the Senate Foreign Relations Committee Subcommittee
on African Affairs, I welcome all of you to this hearing
entitled ``Examining the U.S.-Nigeria Relationship in a Time of
Transition.''
I am honored to be joined by our ranking member of the
subcommittee, Senator Isakson, and I'll invite him to deliver
some opening remarks in just a moment.
Nigeria has received increased attention by the United
States media following the Christmas Day attempted terrorist
attack. Although it appears that al-Qaeda in the Arabian
Peninsula, based in Saudi Arabia and Yemen, played a
significant role in Abdulmutallab's recruitment and
radicalization.
I don't think we should dismiss the possibility that
certain conditions in Nigeria have played some role, too,
however small. I expect we'll discuss this at today's hearing,
as well as Nigeria's inclusion on the new TSA list of 14
countries from which travelers will receive additional security
screening.
But today's hearing is about far more. The U.S.-Nigeria
relationship covers a wide range of important issues and
strategic interests. Nigeria is the most populous country in
Africa, and the eighth most populous in the world. It is home
to Africa's largest Muslim population as well as an estimated
250 ethnic groups. It is Africa's second largest economy and a
major global supplier of oil. And as a current member of the
U.N. Security Council, a major contributor to global
peacekeeping and the host of ECOA's headquarters, Nigeria has
been a leader in regional--and increasingly--in global affairs.
For all of these reasons, Nigeria's recent political
paralysis has been cause for great international concern. Since
November, President Yar'Adua has reportedly been in a hospital
in Saudi Arabia. His prolonged absence and failure to appoint
an interim leader for months created a constitutional crisis.
Meanwhile, Nigeria's role in key regional matters has been
diminished and this has been, perhaps, no more evident than
with the continuing crisis in neighboring Niger.
Earlier this month, the National Assembly voted to make
Vice President Goodluck Jonathan, the Acting President, but
much uncertainty still remains. Nigeria will likely be in a
state of transition for the foreseeable future, particularly as
Nigeria moves closer to general elections which are scheduled
for 2011.
Sorting out the many political challenges facing Nigeria
while still respecting the constitution will take time,
patience, and leadership. A successful transition for Nigeria
must address the historic tensions and corruption that purveyed
most of the country's political system.
Last month, sectarian violence broke out once again in
Central Nigeria and hundreds of people were massacred. This is
not the first time we have seen this type of fighting, and yet
disturbedly, there have been no police investigations despite a
government pledge to the effect that there would be. A cycle of
retribution will likely continue until there is some effort to
achieve accountability, and furthermore the discriminatory
policies carried out by Nigeria's security forces against
certain groups, many of them Muslim, has the potential to fuel
extremism.
Indeed, in the northeast of Nigeria, the extremist group
Boko Haram has already sought to exploit these tensions.
At the same time in the south of Nigeria the crisis
continues in the oil-rich Delta Region. For the last 30 years,
local communities in the Niger Delta have been--Niger Delta
have been marginalized politically and economically. Over time,
frustration and endemic poverty have given rise to several
armed groups pursuing increasingly criminal ends. The trade in
stolen oil from the Delta's vast pipelines, known as
``bunkering'' has become a lucrative industry and created a
complex war economy.
I've tried over recent years to focus on Nigeria's domestic
climate, because I think it has serious implications for a
strategic partnership as well as for Nigeria's role as a key
actor on the global stage. The Obama administration has rightly
reaffirmed the importance of our bilateral relationship with
Nigeria, and I look forward to hearing today how we can ensure
that we have the resources and the diplomatic presence and the
strategic vision to actively engage with and support Nigeria's
transitional leadership.
At the center of this effort, we'll be working with
Nigerians at the Federal, State and local level to address the
country's many political and economic challenges, as well as
working to rather address the many regional and global
challenges of mutual concern.
So, with that, let me introduce our witnesses this morning.
On our first panel, we'll hear from Assistant Secretary for
African Affairs, Johnnie Carson. Assistant Secretary Carson
just returned from a trip to Nigeria earlier this month, and it
has been great to work with him on this and many other issues
over the last year, and I thank him for his willingness to
testify.
On our second panel, we'll hear from three experts. First,
Ambassador John Campbell who was the U.S. Ambassador to Nigeria
from 2004 to 2007 and served as a political counselor in
Nigeria from 1998 to 1990. He served for over 30 years in the
Foreign Service and now works as a senior fellow for Africa
Policy Studies at the Council on Foreign Relations. I'll just
note that Ambassador Campbell has a first-class education; he
received his Ph.D. from the University of Wisconsin in 1970.
And returned to Madison in 2007 as a visiting professor.
Second, we'll hear from Dr. Peter Lewis who is an associate
professor and director of the African Studies Program at Johns
Hopkins University School for Advanced International Studies.
Dr. Lewis has written and worked extensively on issues of
democratic reform and political economy in Africa, particularly
in Nigeria.
And third and finally, we are honored to have with us Mr.
Nuhu Ribadu. Mr. Ribadu is currently a visiting fellow at the
Center for Global Development. From 2003 to 2007, he was head
of Nigeria's Economic and Financial Crimes Commissions, during
which time he was recognized widely for his efforts to combat
corruption.
But he was forced to step down from that post after
charging a powerful State Governor with corruption in December
2007 and a year later, he was forced to leave the country after
facing harassment, death threats, and even attempts on his
life. In fact, in 2008, both Senator Isakson and I sent a
letter to President Yar'Adua, requesting that he ensure Mr.
Ribadu's personal safety. So we're especially glad he's here
today.
So, I thank you all for being here. I ask that you keep
your remarks to 5 minutes or less so we have plenty of time for
questions and discussion and we'll submit the longer statements
for the record. And now it's my pleasure to turn, of course, to
the distinguished ranking member, Senator Isakson.
STATEMENT OF HON. JOHNNY ISAKSON,
U.S. SENATOR FROM GEORGIA
Senator Isakson. Well, thank you, Chairman Feingold,
welcome Johnnie Carson, you do a great job on behalf of our
country on the Continent of Africa, and we are very grateful to
you.
I think it is very important that the chairman called this
hearing today for multiple issues, not the least of which is
Abdulmutallab's failed attack--fortunately failed attack--in
Detroit, MI, which raises a lot of questions about Nigeria and
about al-Qaeda in Nigeria.
I might also add, Mr. Chairman, as a representative of the
State of Georgia where Delta Airlines is headquartered, and
given their attempts to open all of Africa to the United States
with many routes that they have pending there, aviation
security is particularly important to me and to them and I
appreciate all we can learn about that particular incident
today.
We also have the differences between the North and the
South, we have the political issues, we have a nation that is
rich in oil and we have a nation that is the second highest
AIDS infection on the Ccontinent of Africa and is a PEPFAR
participant.
So, there are multiple reasons today to hear from Secretary
Carson and the other experts. I welcome them being here, and I
thank you, Mr. Chairman, for calling the hearing.
Senator Feingold. Thank you, Senator Isakson.
Ambassador Carson.
STATEMENT OF HON. JOHNNIE CARSON, ASSISTANT SECRETARY OF STATE
FOR AFRICAN AFFAIRS, DEPARTMENT OF STATE, WASHINGTON, DC
Mr. Carson. Mr. Chairman, Ranking Member Isakson, and
members of the committee, thank you for this opportunity to
testify before you today on Nigeria. Nigeria is one of the two
most important countries in sub-Saharan Africa and a country of
great significance to the United States.
I have just returned from a visit to Nigeria and I am
pleased to share with you my insights on the evolving political
and economic situation there, as well as the status of United
States-Nigerian relations.
First, let me express our shared hope that President
Yar'Adua, who has been receiving medical treatment in Saudi
Arabia for the past 3 months, will fully recover. His prolonged
absence has generated political uncertainty and has challenged
Nigeria's young democratic institutions.
The National Assembly's resolution that officially
designated Vice President Goodluck Jonathan Acting President
demonstrated Nigeria's resolve to find a peaceful solution to
the country's leadership vacuum, and we commend Nigeria's top
elected political leaders for pursuing a transparent process,
one that has adhered closely to the principles of democracy and
the rule of law. We will continue to support the Nigerian
people as they work through their democratic institutions to
resolve the challenges facing that great nation.
America's bilateral relationship with Nigeria remains very
strong, and my recent visit to Nigeria underscored the
continuing importance of Nigeria to the United States and the
value of our bilateral relationship. It also provided me with
an opportunity to discuss areas where the United States can
engage with Nigeria on issues of importance to both countries.
In my meetings with a broad spectrum of political,
religious, and civil society leaders across Nigeria, I
discussed the important role that elections play in democracy.
I stress that Nigeria's next Presidential and National Assembly
elections scheduled for April 2011 must be credible. They must
be free, fair, and transparent and they must be a significant
improvement over the country's 2007 Presidential elections,
which were deeply embarrassing and deeply flawed.
I urged Nigeria's leaders to make electoral reform one of
Nigeria's highest priorities. Nigeria's Independent Electoral
Commission (INEC) has performed poorly over the past decade,
and has not served the interests of Nigeria well. INEC needs
new and improved leadership if elections are to have any real
meaning in that country.
A multinational team of election experts funded by USAID
and the British Government completed an electoral assessment in
Nigeria in January. The United States is prepared to provide
technical assistance to Nigeria's Election Commission, provided
they demonstrate a willingness to fulfill the primary role of
strengthening electoral administration.
I also spoke to Nigeria's leaders about the economic
developments and the many challenges facing Nigeria's oil-
dependent economy. The United States is one of Nigeria's
largest investors, and we seek to support economic development
in Nigeria by advocating for an improved business climate,
revitalization of the country's infrastructure and increased
power generation.
Nigeria, with a population of 150 million, generates less
power than the city of Brussels in Belgium. The country has
only one functioning powerplant, and over 70 percent of its
power is produced through diesel generators. We support
President Yar'Ardua's commitment to increase power generation
to 66,000 megawatts by the end of the year, and we have
encouraged acting President Jonathan to follow through on that
pledge.
We also welcome Nigeria's efforts to reform its energy
sector, but encourage it to do so in a manner that will
maximize the use of the country's most precious resource,
improve the lives of Nigerians and not drive away foreign
investors in the process.
I also discussed regional security issues with Nigeria's
political leaders. Nigeria's record on and commitment to
regional peace and security is outstanding. Nigeria is one of
the largest contributors to U.N. peacekeeping missions, and is
the single-largest contributor in Africa. It has fielded troops
to trouble spots in West and Central Africa and also to Darfur.
Nigerian troops played a critical and central role to Liberia
and Sierra Leone a decade ago.
We seek to enhance Nigeria's role as a U.S. partner on
regional security, but we also seek to bolster its ability to
combat violent extremism within its own borders. Nigeria is a
partner in counterterrorism efforts, and it is in this context
that Nigerians have expressed dissatisfaction with their
inclusion on the Transportation Security Administration's
``Countries of Interest'' list. Some Nigerians perceived this
as collective punishment for the actions of one person, when in
fact they shared our outrage at the attack and have been
providing assistance in the ongoing United States
investigations.
Despite this, our friendship and relationship with Nigeria
remains strong and continues to be based on a wide range of
important bilateral issues.
I also discussed the situation in the Niger Delta with a
variety of Nigerian leaders. The Niger Delta has experienced a
period of relative calm, largely as a result of an October 2009
amnesty agreement that the government negotiated with militant
leaders in the area. As a result security has improved
considerably in most areas of the Delta. But a resumption of
violence can not be ruled out if the government does not follow
through on the implementation of its rehabilitation and
reintegration program for the area.
We commend the government of Nigeria for initiating the
amnesty process, and we urge acting President Goodluck Jonathan
to move forward on the implementation of the post-amnesty
programs.
During Secretary Clinton's August 2009 visit to Abuja, she
agreed to establish a United States-Nigeria Binational
Commission that would allow the United States and Nigeria to
engage on key bilateral issues including regional security and
counterterrorism threats, governance and transparency issues,
the problem of the Niger Delta, and economic development. The
Secretary intends to move ahead with the signing of that
Binational Commission agreement in the next 2 months. The
Secretary has also agreed to reestablish an American diplomatic
presence in Northern Nigeria in the next 12 to 18 months. We
currently have no diplomatic representation in Northern
Nigeria.
Mr. Chairman, we are enhancing our bilateral engagement
with Nigeria, despite the enormous challenges we face. We
remain encouraged by the Nigerian people's commitment to their
country's democratic foundation and Acting President Jonathan's
public and private commitments to reform. We will seize the
opportunity to work with the Government of Nigeria in these
efforts. Our goal is to help Nigeria fulfill its potential as a
regional leader, but the Government of Nigeria also has
obligations that it must meet to address the needs of its
citizens.
Thank you again for this opportunity to discuss our
bilateral relationship with Nigeria. I look forward to
answering your questions. My full statement has been submitted
for the record.
[The prepared statement of Mr. Carson follows:]
Prepared Statement of Assistant Secretary Johnnie Carson, Bureau of
African Affairs, U.S. Department of State, Washington, DC
Mr. Chairman, Ranking Member Isakson, and members of the committee,
thank you for the opportunity to testify before you today on Nigeria--
one of the most important countries in sub-Saharan Africa and one of
the United States most strategic partners. I particularly appreciate
the abiding interest of the African Affairs Subcommittee in Nigeria. I
have just returned from a visit there and am pleased to share my
insights on the evolving situation as well as the United States-Nigeria
bilateral relationship.
First, let me express our shared hope that President Yar'Adua, who
remains absent from the country for medical treatment, will fully
recover. His absence over the last few months challenged Nigeria to
find a path forward consistent with its Constitution and in line with
democratic principles. The National Assembly's resolution that
officially designated Vice President Goodluck Jonathan as Acting
President demonstrated Nigeria's resolve, and we commend the commitment
of all elements of Nigerian society to constitutional process and the
rule of law. We will continue to support the Nigerian people as they
work through their democratic institutions to resolve the challenges
facing their great nation.
My visit to Nigeria underscored the continuing importance of
Nigeria to U.S. national interests and the value of our bilateral
relationship. It also provided an opportunity to discuss areas where
the United States can engage with Nigeria on issues of importance to
both countries. My meetings with a broad spectrum of political,
religious, and civil society leaders across Nigeria focused on our
shared values and goals, including efforts on governance, elections,
anticorruption, countering violent extremism and regional security. I
stressed that the elections scheduled for April 2011 must be credible--
Nigeria cannot afford a repeat of 2007. The February 6 elections in
Anambra state, while deemed credible, suffered from poor logistics and
administration, and as little as a 16-percent voter turnout. This is
one area where the Independent National Electoral Commission (INEC),
which is in need of improved leadership, must do better.
Our bilateral relationship with Nigeria remains strong and we
continue to press forward our mutual strategic goals--achieving free
and fair elections, building the capacity and commitment to fight
corruption, promoting economic development, resolving internal conflict
and enhancing Nigeria's role as a regional leader in conflict
mitigation, and developing other influential actors in Nigeria such as
the State Governments and faith communities.
Elections: While Nigeria has accomplished much in the past 10
years, it still faces many challenges to meet its full potential.
Nigeria's 2007 elections were marred by poor organization, widespread
fraud, and numerous incidents of voter intimidation and violence
resulting in the deaths of more than 300 people. The 2011 elections
must be better. As such, I have urged Nigeria's leaders to make
electoral reform one of Nigeria's highest priorities. I have stressed
the importance of achieving peaceful transition of civilian rule
through transparent, free, and fair elections. We have supported
Nigerian organizations by printing Electoral Reform Commission (ERC)
recommendations in English, Hausa, and Yoruba, as well as organizing
symposiums, seminars, and other venues to educate stakeholders.
A U.S. Agency for International Development and United Kingdom's
Department for International Development team just completed a joint
electoral assessment in Nigeria. We continue to urge Nigeria to
implement the reforms needed to move closer to credible election
processes and a peaceful transition of civilian rule through
transparent, free, and fair elections. We are prepared to provide
technical assistance to Nigeria's election commission provided they
demonstrate a willingness to fulfill their primary role of
strengthening election administration.
Good Governance: The challenges Nigeria faces are principally ones
of governance. As Secretary Clinton said clearly, ``The most immediate
source of the disconnect between Nigeria's resource wealth and its
population's poverty is a failure of governance at the federal, state,
and local level.'' Endemic corruption is a known culprit, but so is the
failure to hold political leaders accountable to the people. Improving
governance is the foundation of U.S. efforts in Nigeria at the federal,
state, and local levels where we seek to improve transparency,
accountability, and fiscal responsibility. There can be little progress
in reducing child mortality, fighting poverty, creating jobs, and
improving the business climate without improved governance.
Economic Development: We seek to support economic development in
Nigeria by advocating for improved business climate, increased power
generation, and transparency in the extractive industries. Endemic
corruption is a major factor behind Nigeria's consistently low ranking
(125 of 183) in the World Bank's ``Doing Business'' report. U.S.
companies have to follow the Foreign Corrupt Practices Act, and the USG
has been aggressive in pursuing companies that violate it. We will
support those Nigerian institutions and organizations that fight
corruption and inefficiencies that hinder economic growth.
We welcome Nigeria's efforts to reform its energy sector. We are
actively engaged in seeing that Nigeria's reforms advance its own
energy security and provide the income the nation needs to invest in
development. We applaud Nigeria's participation in the Extractive
Industries Transparency Initiative (EITI) and encourage Nigeria to
finalize implementation of EITI's revenue transparency methodology and
independent validation.
We embraced President Yar'Adua's commitment to increase power
generation to 6,000 megawatts by the end of the year and we hope Acting
President Jonathan takes on this pledge. Major infrastructure
improvements are critical to developing manufacturing and other nonoil
sector industries. This is a real challenge for Nigeria and absolutely
essential for the progress and development of Nigeria and its people.
The decline in the country's infrastructure--from poor roads to power
shortages to reduced health and education spending--has led to a
decline in social indices, reduced manufacturing and food insecurity.
Regional Security Cooperation: Nigeria's commitment to regional
peace and security remains exemplary in a troubled continent. Nigeria
has provided the largest number of peacekeeping troops in Africa. It
has fielded troops to trouble spots in West Africa and to Darfur, and
played an important role in returning stability to Sierra Leone and
Liberia.
We seek to enhance Nigeria's role as a U.S. partner on regional
security, but we also seek to bolster its ability to combat violent
extremism within its borders. Nigeria is a partner in counterterrorism
efforts, and it is in this context that Nigerians have expressed
dissatisfaction with their inclusion on the Transportation Security
Administration's ``Countries of Interest'' list. Nigerians perceive
this as collective punishment for the actions of a wayward son, when in
fact they shared our outrage at the attack and have been providing
assistance to the ongoing investigation. Let me be clear, our
friendship and relationship with Nigeria is strong and continues to be
based on a wide range of important bilateral issues.
We condemn the chronic politically motivated, interreligious
violence in Plateau State, especially around Jos. The conflict flared
again in recent weeks, resulting in the killings of more than 100
civilians. We urge all parties to address the hostility between
religious and ethnic groups and bring perpetrators of such acts to
justice. The tensions in the north have religious overtones and are
perceived by outsiders as fighting between Christians and Muslims; in
fact, the real conflict is one of politics. Political leaders in
Nigeria must recognize this and with the help and support of national
religious leaders promote a dialogue between groups to resolve issues
peacefully.
President Barack Obama's speech in Cairo last year called for
mutual understanding and partnership across gender, religious, ethnic,
and nationality lines. To meet this call, we seek to expand our
diplomatic presence in key African countries, most critically, in
northern Nigeria. Having representation in northern Nigeria will allow
us to engage key Christian and Muslim leaders in the north, support the
vibrant civil society, and report on political, economic, and social
issues.
Niger Delta: While we are currently experiencing relative calm in
the Niger Delta, this region remains at the forefront of our bilateral
agenda. By October 2009, the Nigerian Government persuaded all major
militant leaders to renounce violence and surrender arms in exchange
for amnesty, government stipends, training opportunities, and pledges
of greater development for the Delta. Nigerian officials followed up
the amnesty program with a series of consultations with Delta
stakeholders, including ex-militants. To date, security has improved
considerably in most areas of the Delta, but ex-militants have staged
protests in Bayelsa, Rivers, and Delta States over lack of progress on
rehabilitation and reintegration.
We commend the Government of Nigeria for initiating the amnesty
process and urge the implementation of the post-amnesty programs. We
support efforts to establish mechanisms for positive changes in
governance, curb activities of criminal elements operating with
impunity in the Delta, and provide economic opportunity and needed
services for residents of the Niger Delta. We have coordinated closely
with the international partners and the United Nations Development
Program (UNDP) to identify opportunities to assist the Nigerian
Government in this endeavor. The UNDP sent a letter to Minister of
Defense and Amnesty Committee Chairperson Retired General Godwin Abbe
in December 2009 offering to engage on the Niger Delta.
During her August 2009 visit to Abuja, Secretary Clinton agreed to
establish a United States-Nigeria Binational Commission that would
allow the United States and Nigeria to engage on key bilateral issues
including regional security and counterterrorism, and advance
discussions on governance and transparency issues, Niger Delta post-
amnesty progress, and economic development.
Mr. Chairman, we are enhancing our bilateral engagement with
Nigeria, despite the enormous challenges we face. We remain encouraged
by the Nigerian people's commitment to their country's democratic
foundation and Acting President Jonathan's public and private
commitments to reform. We will seize the opportunity to work with the
Government of Nigeria in these efforts. Our goal is to help Nigeria
fulfill its potential as a regional leader, but the Government of
Nigeria must first address the need of its citizens.
Thank you again for the opportunity to discuss our bilateral
relationship with Nigeria. I look forward to answering your questions.
Senator Feingold. Thank you, Ambassador Carson.
We welcome Senator Cardin who has joined us and we'll begin
with 7-minute rounds.
I'd like to start off my questioning with one about this
Nigerian political crisis that you talked about. Goodluck
Jonathan's appointment as Acting President may avert a
political crisis for the time being, but going forward I think
it seems pretty clear that just calling on Nigeria to adhere to
its constitution is insufficient to avert another political
crisis. Can you say more about that? Whether you're sure of
that and what steps the administration is taking to head off
any political crisis that might reemerge down the road?
Mr. Carson. Thank you, Mr. Chairman.
The United States has been watching the political situation
in Nigeria for the last several months and our diplomacy has
been active and engaged. Shortly after President Yar'Adua left
for Saudi Arabia, the Embassy and I and Washington began to
reach out to senior leaders across Nigeria--across the
political spectrum--encouraging them that there would be a
democratic and stable transition if one were required.
Secretary of State Clinton issued a statement along with
the British and French Foreign Ministers and Baroness Ashton
some 1 month ago, also encouraging the Nigerian political elite
to act responsibly during this period of uncertainty. My trip
out to Nigeria approximately 2 weeks ago was also intended to
encourage all of the political leadership there to act
responsibly in ensuring that there would be stability and a
commitment to constitutional and democratic change if it were
required.
We were concerned, as we should be, given Nigeria's long
history of military involvement that we did not want to see a
return of the military to power in an unconstitutional way in
Nigeria. I think the Nigerian leadership has acted
thoughtfully, responsibly, and along democratic lines in
resolving the current crisis.
But, Mr. Chairman, you're right. We're not out of the woods
yet. We won't be out of the woods until Nigeria holds its next
Presidential election, until it has a President that all of the
people have had an opportunity to select and vote for.
Senator Feingold. In that context, let me say a little bit
comparing our policies toward Nigeria and Kenya. Both are
clearly important, as you've said, United States strategic
partners on the African Continent. And both struggle with deep-
seeded and often crippling corruption.
In the case of Kenya, this administration you, yourself,
Ambassador Carson, have taken a tough public line calling on
the Unity government in Nairobi to enact meaningful reforms and
to ensure investigations into corruption allegations. And the
administration has backed up that public line with travel bans
against corrupt high-level officials and the suspension of some
development assistance.
With regard to Nigeria, the administration's statements
have not been backed up by such targeted measures or tangible
steps. Why is this? What, Ambassador, would trigger the
administration taking a tougher public stance toward Nigeria
including the implementation of targeted measures of the type
that we took with regard to Kenya?
Mr. Carson. Mr. Chairman, we have been outspoken and strong
on Nigeria, encouraging as I say, a democratic succession
process. We haven't, in the past, taken and imposed visa
sanctions on individuals who have been engaged in corruption
and in criminal activities and I will provide a list of
individuals that we have so targeted in the past for criminal
activities, mostly related to money laundering, drug issues and
such crimes.
But let me just also say that we have been very assertive
in pressing the Nigerians, particularly on issues related to
democracy and governance. I, myself, in my statement noted that
the Independent National Election Commission under the current
chairman, Maurice Iwu, has not in effect served the interests
of Nigeria well. In the last three elections out there, we have
seen a constant deterioration in the ability of the Commission
to perform at a high level within a democratic context.
We have spoken out and said that this needs to be changed.
I, in fact, met with Maurice Iwu, the chairman of INEC and
clearly laid on the line our concerns about the need for a
much, much better electoral process in the future. These have
been also--these representations have also been made to other
senior government officials in Nigeria.
There is a need for good elections, there is a need for
improvement, there is a need for change.
Senator Feingold. Thank you.
Ambassador, I know that you share my belief that we need a
stronger and more sustained diplomatic capacity throughout
Africa, and in Nigeria in particular, although our Embassy--we
have an Embassy in Abuja and a consulate in Lagos and our
Foreign Service officers are doing great work there--but I
remain concerned, as I have been ever since I visited different
parts of Nigeria in 2001, I have been concerned that these
offices do not have the resources or reach the need they have
to engage on the Nigerian Government on multiple levels.
Specifically on the reach issue, our diplomats continue to
be limited in their ability to travel to many parts of Nigeria,
including the North and the Delta. This, in turn, limits their
ability to report on and analyze the situation in those
regions. So, what steps are we taking to address these
limitations and expand our diplomatic presence outside of Abuja
and Lagos?
Mr. Carson. Thank you, Mr. Chairman. We totally agree with
you and Secretary Clinton has responded. She has committed to
reopening a diplomatic presence in Northern Nigeria, quite
likely Kano. Today, in 2010, we have fewer diplomatic
establishments in Nigeria than we had 25 years ago, when we had
an Embassy in Lagos, a consulate in Abaden, a consulate in
Kaduna, an American presence in Kano, and a presence in Eastern
Nigeria, as well, prior to the civil war.
We are committed to reestablishing our diplomatic presence
in the North, it's extraordinarily important that we do so, I
think, as you pointed out, Nigeria is the sixth-largest Muslim
state in the world, the second-largest Muslim country in
Africa, and we have no diplomatic presence in the----
Senator Feingold. What kind of a size of contingent are you
talking about in Kano or in Northern Nigeria?
Mr. Carson. I would think that we would be looking at
somewhere between three and five Americans up there. And we
are, in fact, dispatching--next week--a team of officers from
the State Department to go and look at site and security
measures that would have to be implemented before we can--I'm
extremely pleased to hear that, Ambassador.
Thank you, Ambassador.
We welcome Senator Kaufman, and I turn to Senator Isakson
for his round.
Senator Isakson. Thank you, Mr. Chairman.
Continuing on the comment about the Muslim population for
just a second, since the arrest of Abdulmutallab, other than
putting ``Countries of Interest'' category of Nigeria, has
anything else been done by the United States regarding that?
Mr. Carson. Senator Isakson, the answer is absolutely, yes.
When I went to Nigeria last week, I spoke to a number of
Nigerian officials, and I urged them to do four things that we
think are absolutely essential. We asked the Nigerian
Government to allow United States Sky Marshals to fly on any
planes originating in Nigeria and coming into the United
States.
Second, we asked the Nigerian Legislature to pass tougher
counterterrorism laws. We said that the existing laws on the
books are insufficient to reach those individuals engaged in
terrorist activities.
Third, we asked the Nigerians to improve their airport
security, and we offered to provide assistance in helping them
to do so.
And fourth we asked--and I asked specifically, a number of
senior officials including Acting President Goodluck Jonathan--
to speak out more forcefully on issues related to the threat
that terrorism poses to all of us, globally, in Nigeria, in the
United States and across the world. But that they should
recognize that they, too, can in fact have terrorist-related
problems.
So, we've asked them to do those four things and we will
continue to encourage them to do it. We think that it is in
their interest, it reassures the traveling public, whether it's
Nigerian or American, and it also helps to reassure companies
like Delta that want to fly into--Delta, Continental, and
others--who want to fly into the Nigerian market.
Senator Isakson. Twice during your testimony you referred
to some of the religious conflict as the religions actually
being surrogates for politics, or political movements. Which
religion is whose surrogate?
Mr. Carson. I think that depends, Senator, on the
particular regions. And I think that a lot of the conflict that
we see in Nigeria does, in fact, have a political origin, and
that political leaders use religion as a vehicle to project, in
advance, their political interests. But it can depend on where
the conflict is taking place. I think that political leaders
can use Islam or Christianity as a scapegoat for some of the
current political problems that exist both in the North, the
South, and in the middle belt.
Senator Isakson. In the studies I've done, al-Qaeda
generally tries to befriend the most radical sects of Islam, I
know there are various sects. Do you know what sect of Islam is
predominant in Nigeria?
Mr. Carson. Most Nigerians are Sufi and very moderate
Muslims.
Senator Isakson. With regard to being on the Gulf of
Guinea, in my visit to equatorial Guinea--and I have not been
to Nigeria--we were attempting to get an increased presence of
United States naval vessels because of some of the potential
terrorist threat as well as narcotrafficking, things of that
nature. Do you know if Lagos or the port city of Nigeria have
allowed any United States naval visits, or are there any
planned to go there?
Mr. Carson. Yes, indeed, there have been United States Navy
visits, and they have been occurring on a regular basis for the
last several years of the United States Navy and AFRICOM have a
program called the West African Partnership Station, in which
they send a frigate down the West Coast, hitting most of the
major West African cities, including Lagos. The African
Partnership Station had to be cancelled, just about a month ago
because it was requested to respond to the earthquake in Haiti.
Senator Isakson. Right.
Mr. Carson. But approximately a week and a half ago, a
different U.S. frigate called in at Lagos as a port call, they
carried out a number of activities, the band played around
Lagos, the crew received ship leave and moved on. So, there are
regular port visits by the Navy, the Africa Partnership Station
is the recurring activity. But there was, in fact, a port visit
just a week ago from another non-Africa Partnership United
States naval vessel.
Senator Isakson. Last, just acknowledging in your remarks
that twice you referred to corruption as a major problem, first
in free and transparent elections, and second in economic
development. That is a similar problem in Kenya--it has been
the same type of problem. What kind of reaction did you get
when you opened up corruption discussions on your most recent
visits to Nigeria? Is the Government looking the other way, or
is there going to be a sincere interest to try and reduce it?
Mr. Carson. Corruption is a pernicious cancer in many parts
of Africa. It is particularly pernicious in Nigeria. I spoke to
a number of government officials about the need to crack down
on grand corruption, both at the national and at the local
level. I also spoke to Acting President Goodluck Jonathan about
this. I was very pleased at his responses, I was also very
pleased that when he spoke on television that he said that he
would, in fact, move against corruption in his country. He
recognizes that this is a major problem.
But, we will have to see whether there is a strong
commitment. You will be hearing, on the second panel, from one
of Nigeria's most prominent corruption fighters--a man who has
dedicated his life to trying to eradicate the scourge of
corruption. He can probably tell you far more than I can how
very, very difficult it is to get at corruption in Nigeria.
It requires political will, it requires good judges, it
requires good prosecutors, and it requires--more than anything
else--a commitment and a resolve to make this an activity that
will not, any longer, be sanctioned at any level by those in
the central government, or those at the state government. A
great deal of Nigeria's corruption occurs, and is in the hands
of, government officials at the state and at the national
level.
Senator Isakson. Thank you, Mr. Chairman.
Senator Feingold. Thank you, Senator Isakson.
Senator Cardin.
Senator Cardin. Well, thank you, Mr. Chairman.
And Secretary Carson, it's always a pleasure to have you
before our committee and we thank you for your service.
Well, let me follow up on corruption for one moment,
because the major source of corruption, it seems to me, in
Nigeria, deals with the fact of its mineral wealth. It's a
country that's very much dependent upon oil and gas. If my
numbers are correct, about 80 percent of its revenues--or more
than 80 percent of its revenues comes from oil and gas. It's
the--95 percent of its exports, it's the largest in Africa, and
one of the 10 largest in oil globally.
It became an application country for the EITI--the
Extractive Industries Transparency Initiative. It's my
understanding they were in danger of being delisted because of
their poor preparations for the EITI. Mineral wealth, for many
countries, has become a curse because it becomes the source for
corruption; that's where the money is. And EITI offers an
opportunity for transparency, so that the companies that are
participating in Nigeria are required to list their contracts
publicly, so the public knows where the money is going.
The prospect here is to try to get the wealth to the
people. Nigeria--because of corruption--is a country in which
the general populace does not benefit from the wealth of its
own country. And until we correct that, it seems to me it's
going to be extremely difficult to see how the economic and
political reforms have a chance of advancing that country.
So, I guess my question to you is, what is the position of
the United States regarding Nigeria's efforts to become a
member of EITI and to use the leverage we have in that country
to make sure that the companies that are participating in
Nigeria are prepared to release and make public their mineral
contracts?
Mr. Carson. Senator Cardin, I agree with you totally. We
think that it is important that Nigeria be a member and a
strong and willing participatory member in EITI. There is no
question that oil and gas in Nigeria have been more of an
economic curse than an economic benefit for that country.
It is a source of a great deal of Nigeria's current
corruption and its current economic woes. As you point out, it
has been for much of the last decade, the largest source of
income. It also has been the largest producer of oil and gas in
sub-Saharan Africa. But much of the country's wealth has been
squandered and/or stolen. And it has been stolen by individuals
mostly occupying government positions, both at the national
level and at the state and local level.
Issues of bunkering--where oil is stolen from pipelines and
pushed onto ships--is also quite common. There have been
sweetheart preferential agreements made that have also led to
oil being stolen, as well. This has been a major problem for
Nigeria over the last two decades.
There is an absolute need for greater--much greater--
transparency in the way Nigeria's oil revenues are handled.
Some of that transparency started to creep into the system
about 6 or 7 years ago during the first term of President
Obasanjo, but then as he moved into his second term, some of
the effort and desire to clean up the oil industry, make the
books more transparent, make the revenue flows clear,
disappeared.
But the country must do more, the political leadership has
to do more, there has to be a greater degree of transparency.
If it is not, then we will see a continued squandering of the
nation's wealth.
Senator Cardin. I guess my question is, How does the United
States leverage its relationships in Nigeria to make sure that
in fact progress is made? In 2007, Nigeria became an
application country in EITI. Two years later, it was almost
delisted because of its failure to really move forward on the
requirements on EITI. We have active engagement, including your
visit last week, how do we--plus assistance, United States
gives a substantial amount of aid to Nigeria--how do we
leverage that, so that 2 years from now we've not talking about
this as to, ``Gee, there was some progress made,'' and then
they slip back. How do we make sure that there's continued
progress toward transparency? In oil, how do we do that?
Mr. Carson. Senator Cardin, we can't guarantee it. What we
can do is continue to focus a spotlight on the problem, put a
spotlight on those individuals who we think are engaged in
corrupt activities, work with reformers who want to see the
system cleaned up, encourage the government to prosecute--
increase--encourage more work by the Economic and Financial
Crimes Commission to take an aggressive stance against
individuals engaged in corruption, exposing those at the upper
and the lower levels who were involved in activities, and also
where we can--and where we have evidence--sanction through visa
restrictions individuals who we believe are engaged in corrupt
activities.
But in the end, it does require the political will and
leadership of Nigeria's top officials to make the changes that
are there.
I would also say one thing about aid, if I could----
Senator Cardin. Before we leave that, I just want to----
Mr. Carson. Absolutely.
Senator Cardin [continuing]. Just underscore the point the
chairman made. You certainly shouldn't give the impression by
how we recognize Nigeria about credibility to corrupt
practices, or the lack of progress that's being made, whether
it's on watch lists, or other considerations that are being
asked--or in our aid. We should make it clear that we do not
accept their failure to move forward, as they should have, on
the EITI, for example. Let's be--just urge us to be more open
in our assessment of Nigeria and not try to pretend that
progress has been made, when it hasn't.
Mr. Carson. Senator, I couldn't agree with you more. I
think I've probably been pretty blunt in saying that corruption
in Nigeria is a cancer and a curse. It has undermined the
ability of the country to move forward economically, and it
remains one of the most serious and pressing problems that they
have. It requires political leadership in Nigeria at the very,
very top levels. We're in no way, sort of, trying to brush it
aside or to push it off of the front pages; it is a major,
major, major problem out there and it exists at the highest
levels and it goes down to state governments, as well.
But in the end, our pressure--which we should continue to
maintain--is only one part of the equation. We need to support
people in Nigeria, reformers who are also committed to pushing
ahead on corruption.
If I could say, on our aid, we do have a substantial aid
program in Nigeria, some $550 million, but most of that money--
probably 80 percent of it--is in the health care area. It is in
fighting HIV/AIDS and malaria, and is absolutely needed for the
people of Nigeria. Probably another 5 or 6 percent of that goes
into democracy and governance work where we are trying very
hard to empower civil society. So, there isn't a whole lot that
is outside of the area of health care and democracy and
governance. What we actually give in straight development
assistance is probably less than 7 or 8 percent of that total
package.
Senator Feingold. Thank you, Senator Cardin.
Senator Kaufman.
Senator Kaufman. Mr. Chairman, I want to thank you again
for holding, excellent timing on this hearing. And I know no
one is concerned more about corruption than Ambassador Carson.
But, you know, it brings to mind that wherever you go in
Africa, in my opinion, if you point to one thing to change
things is dealing with corruption. I mean, it just, wherever
you go, you just see these places that would be great if we
didn't have corruption.
And, Mr. Chairman, I just think we have a lot--and Senator
Cardin's questions are right on point--but I think you could
ask those questions about every--not every--but many of the
nations in Africa. Mr. Chairman, could we think about having a
hearing and bringing together some of the great minds and try
with a systemic approach?
Senator Feingold. Certainly we'll look at that--you
couldn't be more right that this is----
Senator Kaufman. I mean, because----
Senator Feingold [continuing]. But I would say that this
country has a particularly sever problem, and I don't want to
lump all of the African countries----
Senator Kaufman. No, no, and I'm not. But I'm just saying,
there's so many of them when you go and you look at what the
problems are, it's a problem. And this thing, the Millennium
Challenge Corporation's requirement for dealing with corruption
is excellent, there are people that talk about that would,
Senator Cardin said, that you know, it's a curse to have all of
these natural resources, when you go to the countries that have
the high natural resources, they have the most corruption and
they're the ones that are having the most problems. It's really
almost better to be--not have anything.
And I'm not painting with a broad brush, but it just seems
to me an approach that--just talking to the leaders and
demanding it, it's not like we've got aid, as you point out,
it's not like aid is something that, if we threaten we're going
to remove it, you know, is an incredible problem. It's just
getting some thinkers together on some kind of a systemic
approach to this thing--how about our allies? I always thought
the World Bank and IMF--everybody--getting together and trying
to figure it out, and as I say again, the Millennium Challenge
program, I think, was an excellent one, where countries had to
demonstrate the fact that they were dealing with corruption,
had specific things to do, is a way to approach it.
So, again, I know no one cares more about this than our
present witness. I'd like to ask you about something else that
I think affect a great deal in corruption, I know something you
care a great deal about, but the problem is, when you list all
of the things you're talking about it doesn't come up. And yet,
I think--and that is the press situation, the freedom of the
press in Nigeria and throughout Africa.
When you look at the Freedom House surveys and far too
often the countries listed as trending toward not free or not
free are the same countries that have high levels of
corruption. I really do believe that, you know, and one of the
great things we have in the United States is a free press.
Brandeis' comment about sunshine is a wonderful disinfectant,
the people that drive sunshine are the media and having an
aggressive media in a country makes corruption even more
difficult. Where does the free press in Nigeria stand at this
point?
Mr. Carson. Senator Kaufman, one of the good things about
Nigeria is its press and its press freedoms. There is no
question that Nigeria probably has a large number of
newspapers, they are vibrant and active and many of them are
critical--harshly critical--of the government. They do, in
fact, run exposes on corruption and corrupt individuals, and
they do find a way of getting the story out there, even when
politicians and other government leaders don't want it to be
told.
A good example of that is reflected in the reporting on the
medical absence of President Yar'Adua. While many top
government officials have, in effect, suggested that the
President is out of the country only for a minor illness, much
of Nigeria's aggressive press has suggested that the President
would be away for much longer and is much seriously ill than
any politician around President Yar'Adua has said.
The press has also been willing to criticize and expose
individuals who were engaged in corruption. Yes, they do, in
fact, exercise some restraint, some self-censorship as to avoid
any kind of lawsuits that might be leveled at them for not
having the evidence that would underpin a good story. But the
press in Nigeria is, in fact, aggressive, it's vibrant, it's
alive and it's independent for the most part, although there
are some papers and news media are allied to political parties
and there is a government media organization. But the press is
alive and well and needs to be encouraged to continue to do
what it's doing. If anything, it probably has a streak of
yellow journalism about it in some areas.
Senator Kaufman. Wasn't there a strong press law that they
tried to pass that didn't get passed by the legislature?
Mr. Carson. I'm not sure about any recent press laws. I
would have to check.
Senator Kaufman. Would you check? That would be good.
Mr. Carson. I will.
[The written response supplied by Mr. Carson follows:]
In November 2009, the House of Representatives' Committee on
Information set up a technical committee of stakeholders to review the
contentious Nigerian Press and Practice of Journalism Council bill. The
committee produced a compromise bill--Nigerian Press Council
(Amendment) Bill 2009--which they presented to the National Assembly
for consideration on December 23, 2009. At present, the bill has not
yet been scheduled for further consideration by the National Assembly.
Senator Kaufman. And how about--the last time I checked
they were trying to pass a law to limit the international
broadcasters broadcasting into Nigeria? The Voice of America,
do you know where that stands?
Mr. Carson. The Voice of America can't be heard broadcast,
but we do have rebroadcast--you can hear it on certain
stations--but it's rebroadcast, there.
Senator Kaufman. Yes. Because that's really--you talk about
spotlight, one place to--I've learned over the years that
that--leaders don't want is--they don't want Voice of America
broadcasting about corruption and things like this and exposing
it to the rest of the continent.
Mr. Carson. Yes, I think we--we're certainly are--we are
rebroadcast there and some of our programs are very, very,
very, very popular. The Voice of America does a program with
Nigerian students who are studying at the college level in the
United States. And they interview the students, mostly in
Housa, and they talk about their experiences as college
students, graduate students in the United States and it is an
extremely popular program throughout Northern Nigeria.
Our programs--our rebroadcasts there, both in English and
in some of the vernacular languages, and I know first and
foremost they've been told that BBC World Service is probably
the most popular international news program in Nigeria, it is a
source of information for many, many, many of the country's
educated and informed elite.
Senator Kaufman. I know Voice of America has a large
listenership in Nigeria, in fact, it's one of the largest
listenerships in the world.
Thank you, Mr. Chairman.
Senator Feingold. Thank you, Senator Kaufman.
I'll start a second round.
Ambassador, turning to the Delta, specifically, prior to
his extended absence, President Yar'Adua had announced some
promising initiatives to address the underdevelopment of the
region, following on the amnesty program for militants. And
Acting President Jonathan is, himself, from the Delta and has,
as I understand it, committed to continue to work with his
predecessor to address the instability there. How,
specifically, can the United States assist him to turn that
commitment into a viable plan?
Mr. Carson. The United States stands ready to help the
Nigerian Government in the Delta through programs aimed at
reconciliation and at helping to find ways to generate the
local economy, helping to generate jobs and to providing
microfinance and microcredit schemes that can be useful in
helping to help people improve their economic circumstance.
We would also be helpful and willing to be helpful in other
areas, as well. Over the years, the Nigerians have not
encouraged or sought out a great deal of outside assistance in
trying to resolve the problems of the Delta. But I was, in
fact, encouraged on my trip 2 weeks ago that Acting President
Goodluck Jonathan was, in fact, prepared to accept outside
support--in the economic and social areas, I stress--not in any
security or police-related areas.
Senator Feingold. While Christmas Day attacker Umar Farouk
Abdulmutallab's actions were clearly more influenced by
conditions and actors in Yemen, it is notable that he grew up
in the region of Nigeria that has experienced repeated clashes
between Muslim and Christian communities. So, I want to ask you
about the potential for violent extremist groups that
flourished in Nigeria last summer, in Northern Nigeria we saw
the extremist group Boko Haram, which is sometimes referred to
as the ``Nigerian Taliban'' fighting against security forces.
And I know that we are here, sir, in an unclassified setting.
But do you believe Boko Haram's emergence is an isolated
phenomenon, and to what extent are you concerned about the
potential for violent extremism to take root in Nigeria?
Mr. Carson. Nigeria's had a history in the North of violent
extremism. It has always been, for the most part, inwardly
directed, groups like Boko Haram have focused their attention
on attacking government installations, police establishment,
administration buildings and have not, in fact, gone after
international targets or citizens of other countries.
I think that the emergence of organizations like Boko Haram
will continue in Nigeria as long as there are social and
economic issues of that community's face that are not being
addressed by the central government or by local governments.
Senator Feingold. So, I'm taking your answer, at this
point, to suggest that as far as you can tell, Boko Haram is
more an isolated incident. Is that fair?
Mr. Carson. I would say, Senator--Mr. Chairman--that Boko
Haram is, in fact, a domestic organization, not an
international organization, and that its targets are Government
of Nigeria institutions. It is a way that these organizations
express their resentment and anger to--about, and to, the
government for lack of attention to their demands and lack of
attention to services required for their community.
Senator Feingold. And in a related question, along similar
lines, al-Qaeda and the Islamic Magrab maintains a twin
presence in both North Africa and the Sahal. And some of those
Shal countries, as you well know, are nearby or actually
neighboring Nigeria, so again, recognizing that we're in an
unclassified setting, I wonder if you might share how concerned
you are given the conditions and existing tensions in Northern
Nigeria that AQIM may expand into Nigeria.
Mr. Carson. Well, let me say, at this point, Mr. Chairman,
we don't see any direct linkages between al-Qaeda and the
Islamic lands of the Magrab and organizations such as Boko
Haram. We do not see linkages.
But let me also say that groups like AQIM look for new
areas to expand into. There are a number of groups in Northern
Nigeria who continue to have grievances and serious grievances
against the government, individuals in those groups could, in
fact, become gargets of recruitment for AQIM. At this point we
do not see any established linkages there.
Senator Feingold. And as I said in my opening remarks, I'm
concerned that abuses and discriminatory policies by Nigeria's
security forces, particularly against Muslim communities, could
also feed into extremism. I'd like your thoughts on this issue
and Nigeria's capacities to deal with terrorism while
maintaining due process and civil liberties?
Mr. Carson. The Nigerian security forces--while attempting
to do a good job--do not have an exemplary record in human
rights. There have been known excesses that have occurred in
the fighting in the Delta. There have been known excesses, even
most recently, in putting down the conflict in Jost, where both
soldiers and police have used excessive force in trying to
arrest and restrain individuals. No question of that more is
needed in terms of supervision and training of security forces,
especially in dealing with civilian populations. The excesses
have been there, the Delta is a classic case, ongoing, while
the conflict was there, and Jost, more recently, there have
been some very credible reports of excessive use of force in
stopping the violence there.
It is always a sad situation when military have to be
brought out to undertake what should, in fact, be police
operations. And when there is an absence of restraint by any
security forces, it's an issue.
These things are noted in our human rights report that we
issue annually, and they will be noted when the next edition
comes out.
Senator Feingold. Thank you, Ambassador.
Senator Isakson.
Senator Isakson. I have no further questions.
Senator Feingold. Thank you very much, again, Ambassador.
And we can now go to the second panel.
All right, now we'll begin with the second panel. When
we're ready, we'll begin with Dr. Lewis. All right, Doctor, you
may proceed.
STATEMENT OF DR. PETER LEWIS, ASSOCIATE PROFESSOR AND DIRECTOR
THE AFRICAN STUDIES PROGRAM, JOHNS HOPKINS UNIVERSITY, PAUL H.
NITZE SCHOOL OF ADVANCED INTERNATIONAL STUDIES, WASHINGTON, DC
Dr. Lewis. Thank you, Senator Feingold, Mr. Chairman,
Senator Isakson, Senator Kaufman, for your invitation to
address this hearing and for your sustained involvement with
contemporary issues regarding Africa. I welcome the opportunity
to discuss the current situation in Nigeria.
Although Nigeria and the United States share many common
interests and have generally maintained cordial relations,
Nigeria's chronic problems of poor governance and domestic
turbulence have often raised dilemmas for United States policy.
The current situation in Nigeria is fraught with challenges
to the nation's political advancement and stability. At the
same time, the temporary resolution of the succession crisis
presents opportunities for change in Nigeria and improvement in
our bilateral relations. The United States should engage Acting
President Goodluck Jonathan, while consistently pressing for
needed political reform and enhanced efforts toward peace and
development in the Niger Delta.
I want to briefly address three questions: To what extent
has Nigeria's leadership crisis been resolved? What are the
critical issues for advancing governance and stability at this
point? And, what role should the United States play at this
juncture?
President Umaru Yar'Adua, as we've heard, has been absent
from Nigeria for 3 months, apparently in grave condition in a
Saudi hospital. There is no indication from any quarter that he
will be able to return to fulfill his official duties.
The timing and circumstances of his illness are especially
unfortunate since Nigeria faces serious security issues,
including a shaky amnesty following a military offensive
against militants in the Niger Delta, recurring clashes with
Islamist sects in the northern states--Boko Haram as well as a
separate sect in Bauchi--and continuing economic problems from
the global downturn.
Since the President's departure from the country, we have
witnessed the Christmas Day attack on a United States flight by
a Nigerian national, an upheaval of interreligious violence in
the central city of Jos in which several hundred people died,
and other challenges. Amidst these serious problems, the
country has effectively lacked executive leadership.
The sense of drift and paralysis in Abuja has been
aggravated by the political elite's reluctance to allow a
constitutional transfer of power. Fearing their loss of
influence and spoils, Yar'Adua's inner circle and key notables
have obstructed information and procedures that could have
quickly dispelled the crisis.
Under mounting pressure from public opinion, a vocal
political opposition, and growing concern about possible
military intervention, the political establishment was finally
moved to transfer authority to Vice President Jonathan through
the February 9th resolution from the National Assembly. The
confirmation of an Acting President resolves the leadership
question for the time being, in accord with the spirit, if not
the formal letter, of the Constitution. Civilian politicians
have crafted a workable solution that is preferable to the
alternatives of a leadership vacuum, a power grab by a rival
faction, or a military intervention.
However, this incident serves to highlight deeper problems
in a political system that is increasingly dominated by a
single political party, lacking in broad accountability, and
mired in corruption and patronage politics. The leadership
crisis arises out of the deeply flawed 2007 elections, possibly
the worst in the nation's history, which brought forward
President Yar'Adua and Vice President Jonathan through a back-
room nomination process and a highly questionable election.
Nigeria's fragile democratic system has steadily been
eroded by the near-monopoly of the ruling party and an
associated cartel of elites that has come to control much of
the government. Without a competitive and accountable electoral
process, it was possible for an infirm President and a few
retainers to take the reins of government. Without a well
established rule of law, it was impossible to quickly manage
the leadership succession in the face of Presidential
incapacity.
The transfer to an Acting President does not resolve these
deep-seated challenges, but it does create opportunities for a
modicum of governance and some progress on reform. Clearly more
vigorous than his predecessor, Jonathan has articulated a set
of goals for his brief tenure, including reform of the
electoral system prior to next year's scheduled elections; an
extension and consolidation of the peace process in the Niger
Delta; improvement of the decrepit electric power grid; and a
reinvigoration of anticorruption efforts.
To conclude, these are essential priorities for Nigeria and
the United States should take every opportunity to encourage
progress, while offering critical support and pressing for
added reforms.
I'll finish there and I will welcome your questions. Thank
you.
[The prepared statement of Dr. Lewis follows:]
Prepared Statement of Peter M. Lewis, Director, African Studies Program
and Associate Professor, Johns Hopkins University, Paul H. Nitze School
of Advanced International Studies, Washington, DC
Thank you for the invitation to address this committee and for your
sustained involvement with contemporary issues regarding Africa. I
welcome the opportunity to discuss the current situation in Nigeria,
Africa's most populous country and an important bilateral relationship
for the United States. Although Nigeria and the United States share
many common interests and have generally maintained cordial relations,
Nigeria's chronic problems of poor governance and domestic turbulence
have often raised dilemmas for U.S policy.
The current situation in Nigeria is fraught with challenges to the
nation's political advancement and stability. At the same time, the
temporary resolution of the succession crisis presents opportunities
for change in Nigeria and advancement in our bilateral relations. The
United States should continue to engage with Acting President Goodluck
Jonathan, while consistently pressing for needed political reform and
enhanced efforts toward peace and development in the Niger Delta.
I want to briefly address three questions: To what extent has
Nigeria's leadership crisis been resolved? What are the critical issues
for advancing governance and stability in Africa's most populous
country? What role should the United States play at this juncture?
President Umaru Yar'Adua has been absent from Nigeria for 3 months,
apparently in grave condition in a Saudi Arabian hospital. He has not
been seen by the public, nor has he spoken to anyone outside a tiny
inner circle of family and retainers. There is no indication that he
will be able to return to fulfill his official duties.
The timing and circumstances of his illness are especially
unfortunate. Yar'Adua's hospitalization came in the wake of a May
military offensive against militants in the embattled Niger Delta,
followed by a fragile amnesty initiative in October. Government forces
also clashed in July with an Islamist sect in the northern states,
resulting in a number of civilian deaths. Throughout this period
Nigeria has been grappling with the effects of the global economic
downturn.
Since the President's departure from the country, we have witnessed
in quick succession the Christmas day attack on a U.S. flight by a
Nigerian national, confrontation with another group of Islamists in the
northern Bauchi state, and an upheaval of interreligious violence in
the central city of Jos with a death toll in the hundreds. The cease-
fire in the Niger Delta also appears to be fraying, as some militants
have resumed action or threatened to go back to war. Amidst these
serious problems, the country has effectively lacked executive
leadership.
The sense of drift and paralysis in Abuja has been aggravated by
the political elite's reluctance to allow a constitutional transfer of
power. Fearing their loss of influence and spoils, Yar'Adua's inner
circle and key notables have obstructed information and procedures that
could have quickly dispelled the crisis.
Under mounting pressure from public opinion, a vocal political
opposition, and growing concern about possible military intervention,
the political establishment was finally moved to transfer authority to
Vice President Jonathan. A February 9 motion by the National Assembly
declared the President to be on medical leave, and empowered the Vice
President to act in his absence.
The confirmation of an Acting President resolves the leadership
question for the time being, in accord with the spirit, if not the
formal letter, of the Constitution. Civilian politicians have crafted a
workable solution that is preferable to the alternatives of a
leadership vacuum, a power grab by a rival faction, or military
intervention.
However, this incident serves to highlight deeper problems in a
political system increasingly dominated by a single political party,
lacking in broad accountability, and mired in corruption and patronage
politics. The leadership crisis arises out of the deeply flawed 2007
elections, possibly the worst in the nation's history, which brought
forward President Yar'Adua and Vice President Jonathan through a back-
room nomination process and a highly questionable election.
Nigeria's fragile democratic system has steadily been eroded by the
near-monopoly of the ruling People's Democratic Party (PDP) and the
associated cartel of elites that has come to control much of the
government. Without a competitive, accountable electoral process, it
was possible for an infirm President and a few retainers to take the
reins of government. Without a well-established rule of law, it was
impossible to quickly manage leadership succession in the face of
Presidential incapacity.
The transfer to Acting President Jonathan does not resolve these
deep-seated challenges, but it does create opportunities for a modicum
of governance and some progress on reform. Clearly more vigorous than
his predecessor, Jonathan has articulated a set of goals for his brief
tenure, including reform of the electoral system prior to next year's
scheduled elections; an extension and consolidation of the peace
process in the Niger Delta; improvement of the decrepit electric power
grid; and a reinvigoration of anticorruption efforts.
He also reportedly disavows any interest in contesting the
Presidency in 2011, which would upset the delicate regional power
rotation that underlies national politics.
These are essential priorities for Nigeria, and the United States
should take every opportunity to encourage progress in these areas,
while offering support where possible.
However, even this limited policy agenda will face considerable
challenges:
Electoral Reform: Elections in Nigeria have historically
been compromised by weak administration, fraud and violence,
carrying severe consequences for democratic development. Since
the 1999 transition to civilian rule, there has arguably been a
worsening trend in the quality of elections. The 2007 polls,
marred by widespread violence and misconduct, produced an
outsized majority for the ruling party, continuing a worrying
trend that has limited pluralism and violated the rights of
millions of voters. Not surprisingly, opinion surveys and
popular commentary reveal a sharp decline in the legitimacy of
the electoral system and public estimations of democracy.
Electoral reform is a requisite for credible and peaceful
elections in 2011. A commission inaugurated by President
Yar'Adua in 2007 has furnished strong recommendations for
revising the electoral system, including new leadership and
increased financial independence for the Independent National
Electoral Commission (INEC). Acting President Jonathan has an
opening to implement these measures, though the window of
opportunity is brief, with the election season just a year
away. Resolve will be needed to surmount resistance from within
the ruling party and the political class, who benefit from the
flawed status quo.
The Niger Delta: The situation in the Niger Delta has
degenerated into a virtual insurgency, depressing oil
production and undermining security throughout much of the
region. The restiveness in the Delta is grounded in
longstanding grievances over poverty, government neglect,
environmental degradation and the abuse of human rights. In
recent years, the economic agendas of militant groups engaged
in abduction and oil smuggling have aggravated the situation. A
comprehensive solution to the crisis in the Niger Delta will
require a sustained peace process, political reform, and
accelerated development efforts throughout the area.
In October 2009, following a military offensive against key
militant camps, the government concluded an amnesty program for
fighters in the Niger Delta. Several important commanders
brought in thousands of supporters and surrendered a
significant cache of weapons. The lull in hostilities permitted
a recovery of oil production and encouraged hopes for a more
sustained peace. Unfortunately, the amnesty was not accompanied
by broader conflict resolution efforts, steps toward political
change, or development initiatives. After a few months, the
amnesty program lost momentum, and some militant commanders
warned of a resumption of conflict.
Acting President Jonathan is from Bayelsa state in the ``core''
Niger Delta, and has played a role in negotiating with
militants and community members in the region. He can also draw
upon the comprehensive recommendations of last year's Technical
Committee that outlined a map for resolving the Delta crisis.
Jonathan has already sounded a different note in allowing for
the possibility of international cooperation in addressing the
Delta's problems. External assistance can be especially helpful
in implementing a demobilization, disarmament and reintegration
(DDR) process, and in advancing development programs for the
region. Professionalization of security forces and improvements
in the human rights situation are additional areas of potential
cooperation.
Infrastructure: It is widely recognized that Nigeria's
economic growth and diversification are seriously constrained
by deficient infrastructure. Significant advances have recently
been achieved in telecommunications, but transport, domestic
fuel supply, and electric power fall well short of need.
Several billion dollars have been allocated over several years
to the revitalization of the power system, with little result.
A substantial increase in electric power supply would jump-
start the economy and boost approval for the civilian regime.
Concerted attention from the Presidency can potentially yield
results, as regulatory and technical changes are in prospect,
and resources have been devoted to this program. Improvement of
the regulatory and investment climate will also be imperative.
Anticorruption: Nigeria's leading anticorruption agency, the
Economic and Financial Crimes Commission (EFCC), made dramatic
progress under the leadership of Nuhu Ribadu from 2003-07.
Hundreds of prominent public officials were investigated,
indicted, or jailed, and billions of dollars in illicit funds
were recovered. Since Ribadu was demoted and sidelined by the
new administration, the agency's efforts have lagged
considerably. In explaining the shift, many observers note the
prominence of figures in Yar'Adua's inner circle such as James
Ibori, a former Delta State governor charged with corruption.
Acting President Jonathan is not burdened by a reputation for
misconduct, and he has pledged to revitalize the anticorruption
campaign. Obviously, there are many powerful interests in
Nigeria who will oppose such efforts, and political resolve
will be essential here as well. Largely as a result of the
EFCC's work, Nigeria has improved considerably in Transparency
International's corruption perception rankings. Continued
efforts to stem malfeasance could improve the business climate,
attract investment, and rejuvenate political life.
There are of course a number of other areas that require attention,
including the management of Nigeria's volatile religious and ethnic
tensions, and rising concerns about religious extremism and security.
In addition, the administration has to grapple with controversial
reforms in the oil sector, a set of overdue constitutional changes,
improved supervision of banks, continued prudent macroeconomic
management in the face of global economic distress, security sector
reform, and reform of the ruling party to encourage internal democracy
and accountability. In view of the limited tenure of the Acting
President, Jonathan has outlined a modest and potentially achievable
agenda. If he is able to shepherd electoral reform and conflict
resolution in the Niger Delta, improve electricity supply and tamp down
corruption, this will be an impressive legacy.
It is fortuitous that the National Assembly acted during a visit to
Nigeria by Assistant Secretary of State Carson. His immediate
engagement with the Acting President, and the statement of Ambassador
Sanders, has helped to improve communication with an administration
that has frankly been chilly toward U.S. overtures. This is a promising
basis for working with the new leadership on important common
interests, as well as cooperation on strengthening Nigeria's democratic
stability.
In engaging the Nigerian leadership, it is essential to send a
clear and consistent message on the need to reform and strengthen
democratic institutions, build a rule of law, and resolve problems
through constitutional means. We can and should address immediate
bilateral issues and the preferred agenda of the current leadership in
Abuja, though we must not lose sight of our broader concerns for a
Nigeria that is democratically governed, respects the rights of its
citizens, manages conflict effectively, and promotes economic expansion
and the reduction of poverty. There is much room for cooperation, but
also an imperative to press for a more competitive, transparent, and
accountable state in Nigeria.
One urgent concern is obviously the potential of terrorist
activities emanating from Nigeria. Following the December 25 incident
involving a Nigerian national, Umar Farouk Abdulmutallab, Nigeria was
included by the Transportation Security Administration (TSA) among 14
``countries of interest'' connected with terrorism. Nigerians are
understandably affronted by this classification. Abdulmutallab was
substantially radicalized and trained outside the country, and was
brought to the attention of U.S. authorities by his father, a prominent
banker and moderate Muslim. Fortunately, the U.S. Government has
outlined a viable path for Nigeria to be dropped from the TSA list,
including the denunciation of terrorism, passage of antiterrorist
legislation, and improved airport security. This early step could open
the door to further cooperation in other policy areas.
In the domain of electoral reform, the United States can play a
constructive role in supporting Nigerian initiatives. If the
Independent National Electoral Commission (INEC) receives new
leadership, rules and funding, it could warrant technical and financial
assistance from external donors, including the United States. The
leading U.S. democracy-promotion organizations have been working in
Nigeria since 1998, and could readily engage in the development of
electoral institutions. These efforts will of course be contingent on
initiative from Nigerian leaders.
In the Niger Delta, there is significant opportunity for external
assistance in conflict resolution and development. Outside actors, many
of whom are already intensively involved with the issues in the Delta,
can be helpful in engaging or mediating among militants, companies, and
the government. Bilateral and multilateral assistance can furnish
technical support and pivotal resources for development programs.
International organizations, notably the U.N., can provide essential
oversight of DDR efforts. Here too, Nigerian officials and
constituencies must lead, but there are several potential areas of
effective external collaboration.
On the economic front, the Nigerian administration has sustained
prudent macroeconomic policies throughout the economic downturn. The
privatization and reorganization of critical infrastructure has largely
been supervised by Nigerian officials and advisers, with support from
the multilateral financial institutions. The crucial factor in guiding
investment toward the power sector will be a credible regulatory
regime, and a generally favorable setting for the private sector. There
is room at the margins for external technical assistance, but this is
an area in which Nigerian initiative will be the deciding factor in
success.
If the new leadership demonstrates clear commitment to a renewed
anticorruption drive, there is much that the United States can do to
cooperate. One important measure would be to tighten restrictions on
money-laundering and the movement illicit assets through this country
and our banking system. The London Metropolitan police have made the
U.K. much less hospitable for corrupt Nigerians who seek a haven there,
and we should seek to match that level of effort through our own
regulatory and police institutions. We can also render direct resources
and assistance to the EFCC, as has been done in the past, to enhance
local capacities for insuring accountability and enforcing the law.
In conclusion, Nigeria's leadership succession crisis highlights
deeper problems of governance and social stability. The failure of the
political establishment to respond promptly to the President's illness
reflects division and self-interest among governing elites, and the
general weakness of constitutional rule. The poor quality of elections,
an increasingly dominant ruling party, and limited accountability
throughout the political system have increasingly alienated the
Nigerian public. In a setting of poor governance, the country's
multiple social tensions have fostered violence and polarization. These
dilemmas reverberate well beyond the country's borders.
While the political settlement elevating Vice President Jonathan
leaves open some legal issues, this measure alleviates the leadership
vacuum in Abuja and presents a reasonably strong agenda for the rest of
the administration's term in office. Acting President Jonathan has
targeted essential priorities including conflict resolution in the
Niger Delta, electoral reform, and new action against corruption. If
the government demonstrates resolve in pursuing this agenda, the United
States can find many areas of cooperation in advancing these goals.
More generally, the change in leadership holds out the possibility
that the United States will have better channels of dialogue with the
administration in Abuja. We should take this opportunity to press for
needed political reform and improvements in governance, while extending
areas of common interest and collaboration. An active, but critical
engagement holds out the best opportunity for working with Nigerians to
advance democracy, better governance, and a more dynamic economy.
Senator Feingold. Doctor, thank you for your testimony.
Ambassador Campbell.
STATEMENT OF HON. JOHN CAMPBELL, RALPH BUNCHE SENIOR FELLOW FOR
AFRICAN POLICY STUDIES, COUNCIL ON FOREIGN RELATIONS, NEW YORK,
NY
Ambassador Campbell. Thank you for the opportunity to
discuss the transition in Nigeria. Here I want to highlight
some of the main points in my written submission.
Acting President Goodluck Jonathan faces three major
challenges: The incomplete basis of his Presidential authority;
smoldering ethnic and religious conflict in the Middle Belt
with deep discontent in the North; and the government's
inadequate followup to its amnesty in the Delta.
The National Assembly's designation of Vice President
Goodluck Jonathan as Acting President was welcomed by many in
Nigeria and abroad. It ended the void in executive authority
that resulted from President Yar'Adua's illness, and it
occurred through a political process rather than by military
intervention. Others, however, are not so sanguine.
They observe that the National Assembly acted
unconstitutionally. One distinguished Nigerian journalist has
characterized what happened as a ``democratic coup.'' A
complication is the unwritten principle of regional power
sharing between the Christian South and the Muslim North. The
National Assembly's vote means that the Presidency shifts back
to the South, at least until the 2011 elections, thereby
shortening the North's turn.
Nigerians care about American opinion. A forthright stand
on Jonathan's need to bring his Presidency into line with the
constitution would encourage the country's political leaders to
find a better legal basis for his administration.
Paralysis of the Yar'Adua government has precluded a
Nigerian regional leadership role commensurate with the
country's heft. It remains to be seen what Nigeria will do
about the coup in adjacent Niger. If weak government continues,
Nigeria risks becoming increasingly irrelevant, regionally and
to the United States.
Meanwhile, the nonofficial bilateral relationship goes from
strength to strength, without much reference to Abuja or
Washington. American people-to-people links with Nigeria are
more extensive than with any other African country. There is a
vibrant, productive Nigerian-American community in the United
States. Nigerian civil society looks especially to the United
States as a model of democracy and the rule of law.
As for building the official relationship, Nigeria and the
United States have started to establish a Binational
Commission. Unfortunately, there has been little movement on
the Nigerian side since the illness of President Yar'Adua. It
is to be hoped that progress will resume under the new Nigerian
administration.
For many Americans, Nigeria's halting progress toward
democratic development has been disappointing. Nigeria has had
three elections since 1999, each worse than its predecessor.
There has been no progress on electoral reform to date, and
there is little evidence that the elections of 2011 will be any
more credible than those of its predecessors; things could
change.
As for the insurrections in the Delta there had been hopes
that President Yar'Adua's amnesty for the militants would kick-
start a political process to address the region's grievances.
That did not happen, hence the prospect of renewed attacks on
the oil industry.
The Technical Committee Report issued in 2008 provided an
overview of the best thinking about how to address the
underdevelopment and the alienation of the Delta. It
highlighted the Niger Delta Regional Development Master Plan,
itself the result of 6 years of stakeholder consultation.
Though it promised to do so, the Yar'Adua government has not
issued a white paper based on the Technical Committee Report.
Friends of Nigeria should again urge the Jonathan
administration to do so.
The Yar'Adua administration also did not follow up its
amnesty of Delta militants with meaningful training programs.
Again, friends of Nigeria should urge the Jonathan
administration to keep that promise. We should also continue to
reiterate our message of military restraint. The Niger Delta
cannot be solved by force of arms.
Let me close with a brief comment on sectarian violence in
the Middle Belt and the North. Episodes such as the July
insurrection of Boko Haram and this winter's ostensibly ethnic
and religious conflict in Plateau State both reflect and
promote an radicalization of some of the Islamic population;
how many is hard to judge. However, domestic radicalization--
though inward focused--could facilitate in the future the
activities of international terrorist groups.
Nigerians like to say that they are masters of dancing on
the edge of the precipice. The vision of Nigeria as a huge,
multiethnic, multireligious state that is democratic and
governed according to the rule of law is in the interest of the
United States, Africa, and the international community. That
vision animated the founders of the Federal Republic, and it
has never died. Those working for a democratic Nigeria deserve
our support.
Thank you, Mr. Chairman, and I look forward to your
questions.
[The prepared statement of Ambassador Campbell follows:]
Prepared Statement of Hon. John Campbell, Ralph Bunche Senior Fellow
for Africa Policy Studies, Council on Foreign Relations, New York, NY
Mr. Chairman, thank you for the opportunity to discuss the evolving
political situation in Nigeria, perhaps sub-Saharan Africa's most
important country, and central to the interests of the United States.
As members of this subcommittee are well aware, Nigeria has the
unfulfilled potential to be a leader of the African Continent. It has
approximately 150 million people--about the same as the Russian
Federation--its democratic aspirations date back to independence, and
it has the continent's second largest economy. In the recent past, it
has also been an important diplomatic partner of the United States,
especially with respect to West African security.
Nigeria continues to be a major source of oil for the international
market. It is the fifth, sometimes the sixth, largest supplier of
imported petroleum to the United States. Interruptions in the flow of
Nigerian oil to the world market can influence how much Americans pay
at the pump for a gallon of gas. International oil prices deeply affect
the American economy, as we saw during the summer of 2008 when we were
paying more than $4 for a gallon of unleaded.
Let me now turn to the specific questions I was asked to address in
the committee's letter of invitation.
What are the major issues or challenges facing Acting President
Goodluck Jonathan?
The Acting President faces three crises at present: the
unconstitutional basis of his Presidential authority, smoldering ethnic
and religious conflict in the Middle Belt, and the government's
inadequate followup to its amnesty program in the Delta with the
prospect of renewed militant attacks on the oil industry.
While the National Assembly's unconstitutional designation of Vice
President Goodluck Jonathan as the Acting President did end the void in
executive authority that dated from President Yar'Adua's mid-November
Saudi hospitalization, it did not address the political and
institutional failures that led to the current constitutional crisis.
Nevertheless, many in Nigeria and abroad have welcomed the Jonathan
interim Presidency, particularly because the transition occurred
through a political process rather than by military intervention.
Others are not so sanguine.
Spokesmen for some Nigerian nongovernmental organizations say that
the National Assembly acted unconstitutionally, thereby endangering
Nigeria's fragile democratic development. One distinguished Nigerian
journalist has characterized the Acting President as ``the product of a
democratic coup.'' Furthermore, Ridle Markus, Africa strategist at Absa
Capital (London), noted in the Financial Times that, ``the National
Assembly's motion may not have any legal backing, which means every
decision Goodluck makes could potentially be declared unlawful.''
A further complication is the unwritten principle of regional
power-sharing between the Christian South and the Muslim North in
Nigerian governance. If the President is from the North, as is Umaru
Yar'adua, then the Vice President is from the South, as is Goodluck
Jonathan. The National Assembly's vote means that the Presidency has
shifted back to the South at least until the 2011 elections, thereby
shortening the North's turn. Northern political leaders appear to have
accepted the National Assembly's action in part because they were
disunited over any alternative. But they are likely to resent
Jonathan's administration.
Considering the North's multiple sources of discontent, it is too
early to say what the impact will be of the military coup in Niger.
However, there is always the risk that some will be tempted to imitate
what their Nigerien cousins have done.
Legal and constitutional avenues do exist to remove or suspend a
Nigerian President because of his or her inability to carry out
mandated duties. Nevertheless, Nigerian politics and government
institutions, thus far, have been unable or unwilling to respond to the
void in Presidential authority created by Umaru Yar'Adua's illness in a
way required by the constitution. Nigeria has a history of military
chiefs of state replacing each other outside the law. Jonathan's Acting
Presidency is, however, the first time a civilian chief of state has
replaced another civilian extra-constitutionally. This illegality could
be resolved if President Yar'Adua resigns or is constitutionally
removed from office, which would end Jonathan's ``acting'' status and
render his Presidency constitutional. There are hopeful signs that a
consensus may be forming in the National Assembly and other political
circles on the need to establish a constitutional basis for the
Jonathan administration.
How strongly should the United States and the international community
press for Nigeria to adhere to its Constitution and avoid a deeper
political crisis?
This current crisis, particularly in conjunction with the series of
rigged elections over the last 10 years, has certainly damaged
Nigeria's democratic development and credentials. However, because of
its size and regional leadership role as well as its historical
democratic aspirations, Nigeria should lead West Africa in democracy
and the rule of law. For that reason alone, Nigeria's friends,
especially the United States, should urge that Nigerians take the
necessary steps to lift the cloud of unconstitutionality from the
Jonathan administration. They should urge the Acting President, the
Cabinet and the National Assembly to take the painful steps necessary
to determine, in good faith, if President Umaru Yar'Adua will be able
to resume his constitutional duties and, if not, remove him from office
following constitutional procedures. Otherwise, Nigeria becomes an
example of legal and constitutional set-aside in the name of short-term
political expediency.
What leverage does the United States have that it can use to that end?
Nigerians care about the United States opinion of them, and they
desire a positive international reputation. They are particularly
conscious of their historic leadership role in African multilateral
organizations. Therefore, it matters what the Obama administration and
congressional leaders say to them about democracy and the rule of law.
The views of the African Union and other international organizations
such as the Commonwealth are also influential.
For example, the consistent, strong public U.S. position opposing a
military coup appears to have had a positive impact on Nigerian public
opinion. Already many Nigerians believe that military coups allegedly
planned for December 31, 2009, and January 15, 2010, were averted
because of senior officer fear of international disapproval. Similarly,
the United States should make full use of its access to the Nigerian
media to ensure that its support for Nigeria's Constitution and the
rule of law is known and understood. A forthright stand on Jonathan's
need to bring his Acting Presidency into line with the Constitution
would encourage the country's political leaders to find a
constitutional and legal resolution to the present crisis.
Finally, Nigerian elites relish the opportunity to travel to the
United States and to own property there. The power of the U.S.
Government to revoke visitors' visas is particularly potent personal
leverage with members of the Nigerian elites.
What is your general assessment of the current United States-Nigerian
relationship, especially in light of the Christmas Day attempted
terrorist attack and Nigeria's inclusion in the new 14-country
screening requirement?
After the restoration of civilian governance in 1999, the bilateral
relationship between the Nigeria and the United States became close,
particularly because of Nigeria's constructive regional activism. Like
his military predecessors, President Obasanjo (1999-07) personally
played a positive and creative role in addressing security crises in
West Africa. The Obasanjo administration was also diplomatically active
in the Africa Union and the Economic Community of West African States,
and sought to strengthen both organizations. Nigeria became one of the
largest suppliers of peacekeepers to the U.N. and the African Union,
and still today plays a major peacekeeping role in Darfur. President
Obasanjo was one the first leaders of a major African state to visit
Washington after 9/11 to express his support. The United States
supported international debt relief for Nigeria, at least in part to
demonstrate support for Nigerian democracy.
However, Nigeria's current travails could weaken the official
bilateral relationship. The paralysis of the Nigerian Government since
the onset of President Yar'Adua's illness has reduced the role Nigeria
plays on African regional issues. A Nigeria that is diplomatically
active in a way commensurate with its heft is very much in the
interests of the United States, particularly in its leadership and
support for regional organizations such as the AU and ECOWAS. They have
been important fora in which the international community has responded
to a host of African issues.
The Nigerian Government's weakness since the onset of President
Yar'Adua administration has already reduced the role the country plays
on African regional issues. For example, Nigeria did not demonstrate
its traditional diplomatic leadership in the resolution of the
political and humanitarian crises in Guinea. It remains to be seen if
Nigeria will play a central role in countering the coup in Niger.
Goodluck Jonathan has just been made the chairman of the Economic
Community of West African States, an organization that should play a
central role addressing the crisis in Niger. How he responds to a coup
in a country that shares a porous border with his own will be his first
international test as chief of state. If paralysis or weak government
continues, Nigeria risks becoming ever more irrelevant, regionally, and
to the United States.
Because of its heft, some Nigerians have an exaggerated view of the
importance of their country on the international stage. As admirers of
the United States, Nigerian elites expect Washington to reciprocate and
to show special understanding for their shortcomings. Hence, there was
resentment that President Obama did not visit Nigeria on his first trip
to Africa. While Nigerians were deeply embarrassed by Farouk
Abdulmutallab's failed terrorist attack against an American airliner on
Christmas Day, they are resentful of the Obama administration's
inclusion of Nigeria on the security watch list. They argue that
Abdulmutallab's radicalization occurred in the United Kingdom or Yemen
rather than in Nigeria. They see a disparity of treatment between
Nigeria on the one hand and the United Kingdom and Saudi Arabia on the
other. They argue that the Shoe Bomber was British, and most of the 9/
11 terrorists had Saudi links. Yet neither the United Kingdom nor Saudi
Arabia is on the security watch list. So, why is Nigeria? Nevertheless,
injured Nigerian rhetoric does not mean that the security watch list
has significantly damaged the relationship and some thoughtful
Nigerians have even expressed the hope that more stringent security
screening may have the consequence of reducing the transfer of
Nigeria's wealth illegally out of the country.
In what areas is the bilateral relationship strongest?
Nigeria and the United states influence each other in ways more
than diplomacy, security, and energy. People-to-people links between
the United States and Nigeria are more extensive than with any other
African country. There is a vibrant, productive Nigerian-American
community in the United States that may number 2 million. It is a
successful immigrant community characterized by entrepreneurship,
strong family ties and an emphasis on education. Nigerians like to say
that more than 1 million of them have also been to the United States
for extended periods and have since returned home, positively
influenced by their American sojourns. Popular culture from New York
and Los Angeles is ubiquitous in Lagos, while Fela Ransom-Kuti's
``afro-beat'' and other musical styles of Nigerian origin have
influenced American pop. Nigeria's legions of unemployed university
graduates dream of a U.S. visa.
American educational, religious and civil society links to Nigeria
are also probably more extensive than with any other African country.
Over the years, many Nigerians have received their university
educations in the United States. Nigeria now has a small community of
private universities that are organized on the American model and teach
an American curriculum. Churches of the same denomination on both sides
of Atlantic have close links. Nigerian civil society especially looks
to the United States as a model of democracy and the rule of law.
Nigerian legislators and judges at every level relish contact with
their American counterparts. U.S. and Nigeria Government agencies
cooperate closely around HIV/AIDS and other health issues. Otherwise,
the nonofficial relationship is growing and strengthening without much
reference to Abuja.
What opportunities exist for strengthening the relationship?
Resulting from Secretary Hilary Clinton's 2009 visit to Nigeria,
the two countries have undertaken the establishment of a binational
commission. This would provide a framework for extensive, official
cooperation of issues of mutual concern. Unfortunately, there has been
no movement on the Nigerian side since the illness of
the President. It is to be hoped that progress will resume under a new
Nigerian administration.
What are the main weaknesses and challenges?
For the United States, Nigeria's halting progress toward democratic
development has been a disappointment. Nigeria had elections in 1999,
2003, and 2007--each one was worse than its predecessor. Following
failed efforts to amend the constitutional mandated term limits so that
Obasanjo could run for a third term, the President imposed on the
ruling party his own candidates, Umaru Yar'Adua and Goodluck Jonathan,
setting the stage for the current constitutional crisis. They were
elected President and Vice President in 2007 elections that lacked
credibility, nationally and internationally. Nevertheless, there was
little public protest, which suggests that the Nigerian public have
largely lost confidence in their leadership.
Jonathan faces enormous challenges, even if he establishes his
constitutional legitimacy. He must manage the crisis in the Delta and
the smoldering ethnic and religious conflict in the Middle Belt. He
needs to restart the major Presidential initiatives that have come to
halt with President Yar'Adua's illness. Economic and electoral reforms
are at a standstill, and government programs in the Delta have stopped
or were never started. At present, there is little evidence that the
elections of 2011 will be any more credible than those of its
predecessors.
Could the United States be doing more to help bring lasting peace to
the Niger Delta, mitigate tensions in central Nigeria, and encourage
greater constructive engagement throughout the continent?
The current round of violence in the Delta dates from late 2005.
Its root causes are its inhabitants' alienation from the rest of the
Federation because of its lack of development, and grievances over the
federal government's formula for allocating oil revenue to states and
the local authorities. There is a significant criminal dimension to
militant activity as well: kidnapping and oil bunkering is very
profitable. Politicians dabble in Delta violence to advance their own
agendas. Militants have demonstrated their ability to bring Nigeria's
oil industry to its knees, should they choose to do so. They have shown
that they can attack even offshore production facilities.
There had been high hopes that President Yar'Adua's amnesty for the
militants who surrendered their weapons would kick-start a political
process that would address that region's grievances. This did not
happen. Goodluck Jonathan is an Ijaw from the Delta, and expectations
are high in the region that he will at long last address their
grievances.
But, it will be difficult for an Acting President to overcome the
political obstacles and move forward. The civilian political cycle in
the Delta is also unfavorable. Candidates are already vying for ruling
party nominations for the elections of 2011. In the runup to elections
in 2003 and 2007, they recruited militias to fight their opponents
within the party. The bloodshed was greatest in the year before the
polling. Hence, 2010 will likely be especially bloody even without the
change in the Presidency.
Nevertheless, there is a way forward. The Technical Committee
Report issued in 2008 provided an overview of the best thinking about
how to address the underdevelopment and alienation of the Delta. It
highlighted the Niger Delta Regional Development Master Plan, itself
the result of 6 years of stakeholder consultation. The Master Plan
envisions an extensive program of youth training that would lead to
work programs that, in turn, would be harnessed to a coherent
development plan. Though it promised to do so, the Yar'Adua
administration did not issue a white paper on the Technical Committee
Report, the next step. Friends of Nigeria should again urge the
Jonathan administration to issue the white paper. Similarly, the
Yar'Adua administration has not followed up its amnesty of Delta
militants of 2009 with meaningful training programs that could address
youth unemployment, as it had also promised to do. Again, friends of
Nigeria should urge the Jonathan administration to do so. The United
States has particular expertise in youth training and employment
strategies that could help. We should offer our expertise. We should
also reiterate our message of military restraint. The Niger Delta
cannot be solved by force of arms.
Let me close with a brief comment on sectarian violence and
lawlessness in the Middle Belt and the North. The violence last summer
associated with the Boko Haram insurrection in the North was horrific
and had to be suppressed by the army. Ostensibly religious, conflict
around Jos this winter also resulted in many deaths and thousands of
displaced persons. Again, order could be restored only by the army, and
the violence still smolders.
Such episodes both reflect and promote an increased radicalization
of some of the Islamic population--how many, and what percentage of the
whole is hard to judge. But, the North's population is very poor--
poorer even than the population of the Delta by some measures. Its
leadership may fear marginalization if Jonathan's government is
dominated by his fellow Southerners.
Up to now, radicalization in the North has been inward looking,
concerned with opposing the secular government in Abuja rather than the
western ``Great Satan.'' Associations with al-Qaeda such as
Abdulmutallab's have been rare. Nevertheless, domestic Islamic
radicalization could facilitate in the future the activities of
international terrorist groups hostile to the United States. It will
bear watching.
conclusion
Nigerians like to say that they are masters of dancing on the edge
of the precipice without falling off. The success of Nigeria as a huge,
multiethnic, multireligious state that is democratic and governed
according to the rule of law is in the interest of the United States,
Africa, and the international community. That vision animated the
founders of the Federal Republic at the time of independence, and it
has never been abandoned through military coups, civil war, the oil
boom, mega-corruption and the current leadership crisis. That vision
continues today too, but it is in danger. Those working for a
democratic Nigeria deserve our support. And such support is in our own
interest.
Thank you, Mr. Chairman.
Senator Feingold. Thank you, Ambassador.
Mr. Ribadu.
STATEMENT OF NUHU RIBADU, VISITING FELLOW CENTER FOR GLOBAL
DEVELOPMENT, WASHINGTON, DC
Mr. Ribadu. Thank you, Mr. Chairman. And thank you for
inviting me and for your sustained interest in Nigeria. But let
me just seize this opportunity to reiterate more strongly my
appreciation for your intervention. You have really, literally
helped--I'm here simply because of people like you. At a time
when the Nigerian Government turned against people like me, you
stood up, you spoke, and it has made a difference.
We disagreed--we Nigerians somehow understood this to be
more than ordered, though. We feel it--we feel we have been
unfairly treated and mismanaged by our own people, and that is
the situation, that is the cause of all of the dissidence that
we are talking about; mismanagement, incompetence, poor, poor,
more or less close to criminal handling of our own affairs that
resulted to what we are talking about. Whether it is
Abdulmutallab, whether it is Niger Delta, or literally all of
the things that we are talking about it.
Some of us talk against it, we fought. And you followed
exactly what happened. But if there is going to be a
difference, it has to come from us. We Nigerians will have to
stand up and we need the support of good people like you. You
showed that it could be done.
Only 2 days ago a colleague of mine that I worked with was
murdered in Abuja, simply for standing up to say, ``We disagree
with the way we have been managed.'' And, Mr. Chairman, I want
to tell you that really, Nigerians are your friends. And at the
end of the day, like what Dr. King--Reverend Martin Luther
King--said, in the end, who will remember, we will not remember
the wrong things or bad things that was done, but we will
remember our friends who refused to say anything. The friends
that are quiet or silent. Some people like you refuse to be
silent when you see bad things happening.
Today, Nigeria has a wonderful opportunity to turn around.
We have a new leadership and the possibilities are there. I am
here, and I agree completely with almost all of those things
that have been said so far, but I want to reiterate importantly
the issue of fighting corruption. If you address the problem of
corruption, they are likely going to address all of the other
things that we've talked about.
I have already made my own submission, and they are all
there. But, I think, Mr. Chairman, there is a need for us to
really take this seriously. We have had good, beautiful things
been said from Secretary Clinton to so many others, but action
is needed. We need to go to the specifics. Elections--what are
we going to do now? Time is getting late, already we have less
than a year for those elections.
What are the things that we could do that may make a
difference? And they are simple, basic things, for example, to
engage the leadership at the highest level and tell them,
``Time has come for you to change.'' Come up with things that
would make the elections possible.
For example, get good and credible people who are going to
manage these elections, who have a Commission that is there,
out there, waiting for implementation. We need institutions
here to stop talking and directly lead with Nigeria and civil
societies and so that a difference can be made.
When the issue of corruption, which is so fundamental,
which is really, if there's going to be difference, it has to
be in that direction.
Already, you have done so much, particularly the Department
of Justice, there are a lot of--so many cases that we have done
together that are still out there that need to be followed. Go
after these corrupt people. They fear the reach of the U.S.
name and shame, go after those who are using your own
institutions and structures to continue to cheat and steal from
their own people. You will see the difference it can make.
Already, some actions have been taken, but we need more of
that. These are some of the specific things that can make a
difference, but the most important, Mr. Chairman, is the issue
of law and order. Most of the things that you see happening in
Nigeria is a result of breakdown of law and order. Failure of
institutions and structures. You do not have law enforcement
officers that ought to be doing what they are supposed to do.
You have bad people who are in charge of different
organizations or different organs of government that insist on
doing what is right for the common good of all of us, we choose
to be selfish and so things in the wrong way.
These are some of the things that have to be addressed, and
the United States could do it. We saw what we did together from
2003 to 2007. Things changed in Nigeria within a short period
of time. We need action. We need to see those people to come
along because it is not just a Nigerian problem.
The world is a global village today. Whatever happens in
Nigeria, it also affects you. Your taxpayers are paying the
cost of corruption in Nigeria. It is time for us to realize
that it is--we are all in this, and that we need you to come
along. It is our responsibility as Nigerians to do it, but we
need good people to come and stand for humanity to change, and
change those people who are desperately in need of change.
Thank you very much.
[The prepared statement of Mr. Ribadu follows:]
Prepared Statement of Nuhu Ribadu, Visiting Fellow at the Center for
Global Development, Senior Fellow at St. Anthony's College at Oxford
University
Good morning and thank you for this kind invitation, Chairman
Feingold, Ranking Member Isakson, and distinguished members of the
subcommittee. It is a cherished opportunity to speak to you today. Your
subcommittee has shown sustained interest in Nigeria, an interest, that
I must say, has not been misplaced or gone unnoticed.
From a personal perspective, I would like to thank you, Senator
Feingold, for the bold comments you made regarding my safety and
security, after my removal from the chairmanship of the Economic and
Financial Crimes Commission (EFCC). I recall, with gratitude, that you
sent letters to President Yar'Adua in January 2008 and then again with
Senators Levin and Isakson in December 2008. I remain eternally
grateful for these timely acts of support and advocacy.
nigeria in recent history
Nigeria, like most nations, has had its share of internal issues.
We can all agree that this is not unusual for a country in our state of
development. However, few will deny that we made relative, if even
major, progress in the past decade. Much of this progress was made
possible through a strong relationship with the United States. Sadly,
in the short period since May 2007 when President Yar'Adua came to
office, much of these gains were lost through ill-advised policy
reversals and entrenchment of corrupt persons in strategic positions.
This abuse of office and arrogance of power are emblematic of
President Yar'Adua's governing style during his tenure in office.
Nigeria's precipitous retreat from the reform gains made during former
administration is due to the lack of preparation, vision, and the
unbridled self-interest of many of the people Yar'Adua surrounded
himself with.
The story is now widely known that last November, President
Yar'Adua left the country for medical treatment, and, typical of his
administrations, left no one in charge of the affairs of the state.
Naturally, the situation got worse. But fortunately for our country the
Nigerian Senate acted prudently this month, recognizing Vice President
Goodluck Jonathan as Acting President.
Upon taking office, Acting President Jonathan signaled his desire
for meaningful reform by immediately removing the controversial
Attorney General and Minister of Justice Michael Andoakaa, affirming
his commitment to electoral reform, reengaging the Niger Delta
militants and taking steps to improve power generation and
distribution.
While this development presented us with the opportunity for
change, it came loaded with the challenge for the democratic, legal,
and peaceful resolution of our situation.
True, the major challenge is ours. Yet the international community,
and the United States in particular, must play a crucial role in
ensuring that Nigeria seizes the opportunity of this moment to get back
on track.
I would like to take this opportunity to ask for America's
assistance in restoring law and order to Nigeria and want to focus my
remarks on three crucial recommendations:
1. Insisting on constitutional and legal continuity;
2. Restarting the fight against corruption; and
3. Ensuring free and fair elections in 2011.
Constitutional and legal continuality
I applaud Secretary of State Hillary Rodham Clinton and others,
including Chairman Feingold, Ranking Member Isakson, and other members
of this subcommittee, for your strong comments on the need for
constitutional continuality and rule of law in Nigeria. But the time
for talk is over; action is needed and action can only start with your
direct engagement and communication with our new leadership.
Nigeria proved its willingness to follow its laws and uphold its
Constitution through the peaceful management of the crisis. We now have
a sitting Vice President as Acting President, and with the support of
the United States and others this trend could continue.
To further this goal, the United States should: support Nigeria's
civil society, monitor internal developments closely, state
unambiguously that any resort to unconstitutional action against the
Nigerian people will be resisted, and back prodemocracy movements
inside the country.
The breakdown of law and order is largely responsible for the
incessant conflicts in all parts of the country, and this point must be
strongly registered.
Fighting corruption
There is no need to reiterate the problem of corruption in Nigeria.
It is a well-known fact that without addressing the corruption problem
all other problems--from executive lawlessness, to stealing of votes,
and the pillage of state recourses for personal use--will remain
untouched. The United States has already done so much to help fight
this problem. The challenge of the moment is to demonstrate through
action that enough is enough.
As the head of the Economic and Financial Crimes Commission, the
anticorruption agency in Nigeria, my team and I fought against this
cancer alongside U.S. officials. Unfortunately, in 2007, I was forced
out by the reentry of blatant acts of corruption. To help Nigeria get
back on track, here is how the United States can help:
First, the Department of Justice, the FBI and SEC need to continue
the prosecution of cases we tirelessly worked on together. We have
thousands of pages of detailed evidence and intelligence on corrupt
officials which are sitting, waiting to be used. I am overjoyed to hear
that in the United Kingdom, the Metropolitan Police is continuing with
its case against former Gov. James Ibori. It will give most Nigerians
cause to cheer that the United States also does the same and continue
their cases.
Second, expand on the Foreign Corrupt Practices Act. The FCPA
allowed for the prosecution of a number of corrupt businesses and sent
a wave of panic among those who were previously able to get away with
their corruption. This line of action can be furthered if you include
foreign nationals among those who can be prosecuted on U.S. soil. It is
important to include those who accept the bribes and use your financial
institutions to hide or launder these funds. Corrupt Nigerians fear the
reach of U.S. law into their illicit activities. Start acting upon that
fear.
Third, it is time to deploy the powers already available in your
instruments. You can encourage the administration to use existing
powers under Proclamation 7750 by issuing travel bans against those
known to be corrupt. The United States can also cooperate in the
creation of Interpol red notices; confiscate stolen assets found on
U.S. soil; and insist on the extradition of corrupt foreign nationals.
You must continue to name and shame those who do not fear justice at
home.
Acting President Jonathan's emergence provides the United States
with a second chance to purposefully reinvigorate the fight against
corruption in places like Nigeria. These three broad acts are vital
steps toward positively turning the situation in Nigeria around and can
also be applied to the rest of Africa.
Electoral reform
Perhaps the most important and pressing issue effecting Nigeria
today is electoral reform. In the recent election in the Anambra state,
the people showed they are ready to make their voices heard. This was
only possible because President Yar'Adua and his cronies were
distracted and unable to meddle in the democratic process.
To ensure free and fair elections in 2011 however, the task needs
to start now. The Justice Uwais Commission's recommendations are a
modest but good start that needs to be followed through in its
entirety. The National Democratic Institute and the International
Republican Institute and others can start assisting now to support
voter registration exercises.
This can be followed up by encouraging the government to clean up
the electoral commission by appointing credible personnel with proven
integrity and credibility, while the civil society needs to be engaged
and supported. They will be the true force behind a change for these
elections.
U.S. electoral funding support must change its approach to
supporting Nigerian elections. U.S. prodemocracy NGOs must drill down
to directly fund civil society initiatives at the state and local
levels. Such changes are more cost effective and better integrated into
the social framework of the average Nigeria.
And the United States needs to back a level playing field so that
all parties, including big and small opposition groups, can participate
fully. The United States assistance is vital. Without it, change is
going to be difficult. We must act now, well ahead of time. If we wait
for polling day, it will be too late.
future of united states-nigeria relations
Nigeria has the potential to be a strong, regional leader and an
important partner to the United States. But there is still a void. Last
week there was a coup in Niger. I suggest that if Nigeria were strong,
this would not have happened. In the current situation, Nigeria's 1,500
kilometer-border with Niger Republic can serve as leverage for ensuring
stability but today, it serves no other significance than for
smuggling, especially in petroleum.
And more than governance support is needed. Nigeria desperately
needs technical assistance and policy attention to boost our power
output necessary for our country's economic and entrepreneurial
potential. Attention should be given to other aspects of Nigeria's
socioeconomic equation to create jobs, spur small- and medium-sized
business development and overall economic diversity. Nigeria's
agriculture sector, long abandoned, has the potential to be West
Africa's bread basket and reduce the impact of food insecurity.
Nigeria must not be allowed to fail completely, as its ripple
effect would be felt across Africa and even to the United States.
Greater instability leading to the kind of military takeover in Niger
will be the norm. You could see more young people like Umar Forouk
Muttalab entering the country, boarding American-bound planes with
murderous desires, while the supply of oil will be strained even more.
This is a new Nigeria. Our destiny is no longer determined by one
person or a group of people in a back room. Democracy has started to
take hold. We see a new leadership rising up, new people-oriented power
centers being created, and the people demanding more from their
leaders. Religious politics are less important and the military is less
interested in engaging. These are new phenomenon in Nigeria and they
must be respected and nurtured. America can no longer take the attitude
of keeping the lid on this boiling pot, we must work to turn down the
flame.
Chairman, members of the committee, I urge you to take this
situation seriously, both for the opportunity, but also for the danger
it presents. Nigeria and her people need the restoration of law and
order. This is the time to act. It is our responsibility as Nigerians
to do so, but we ask you today to join with us.
Senator Feingold. Thank you, sir.
Thank you all.
I will do a round of questions. Mr. Ribadu, thank you in
particular, I really appreciate your specific recommendations
for how the United States can help Nigeria get back on track in
its fight against corruption. And I will work to see that these
recommendations are seriously considered.
But I do want to ask you specifically about something you
just were talking about--corruption in Nigeria's security
forces, particularly the police. As you know, there continue to
be reports implicating the Nigerian police force in Syria's
human rights violations, including extrajudicial killing of
persons held in police custody, torture, and extortion. And
despite pledges to do so, the police--as I understand it--have
taken no steps to investigate recent killings in Northern and
Central Nigeria.
In your view, what is needed to end the culture of impunity
within Nigeria's police force, and how could the United States
specifically help in this regard?
Mr. Ribadu. Thank you, Mr. Chairman.
A difference can be made. Simply look at what happened with
the EFCC, the organization that I headed. We were engaged and
we worked closely with the United States. We had over 40
trainings from the FBI. We were taught how to probably be the
best law enforcement agency in Africa. It made a difference. We
never abused no one's rights.
But if you see what is happening with the other law
enforcement agencies in Nigeria, we attempted to do something.
You know, personally we went after the leadership of the police
at one time. We arrested the chief law officer of Nigeria. We
recovered $150 million from the chief law officer, the
Inspector General Police of Nigeria. It is literally impossible
for you to have any law enforcement to perform his duties with
a leadership like that.
We tried to do something. What is needed for now, I
believe, is strong--strong influence to be more or less,
literally, I mean, force people to start realizing that unless
you start changing, there's no possibility for you to get a law
enforcement that will be able to perform. Bring in your best
expertise, your technical knowledge, your skills and then
possibly engage them in the way that they will be able to
receive it. There's not any other way, apart from getting good
partners on the ground in Nigeria, work with them, make them to
realize and understand that it is in your own interest, first
and foremost, before any other person and then possibly, maybe
if they are ready to receive it, then change will come.
Senator Feingold. If I were communicating with Acting
President Jonathan, what are some tangible, visible steps we
could ask him to show now that he is truly committed to
confronting corruption and ending impunity?
Mr. Ribadu. Thank you.
First and foremost, to engage with him is the most
important thing, at the highest level. Your own level, level of
your own leadership. We've seen it happen before. And we saw
the difference. In 2003 and 2007, President Bush talked
directly with President Obasanju and we saw the difference it
made. The leadership of the Congress spoke directly with our
own leadership and we got the laws passed.
I was the one responsible for the establishment of all of
those fundamental things that helped brought change in Nigeria,
for example, terrorist financing. We did a wonderful job, as a
result of that political connection and linkage. First and
foremost, Mr. Chairman, there is a need to get back on that.
Two, tell them that you have the means to support them and
you are ready to support them in the sense that you have the
technical know-how and it is going to be available for them to
make good use of.
Three, your Excellency, Mr. Chairman, the money that you
have and you want to support and send and help in Nigeria,
please try to divert it towards the establishment of law and
order, rule of law, and spend more on the institutions and
structures that will support the establishment of law and
order. Justice, fairness for other things to work.
I'm not saying it is wrong to spend money in, for example,
health--no. It is a good thing. But probably you may not see
the value of it unless there is first and foremost law and
order--security, stability--in the way that other things will
work.
I think there is a need to understand that fundamentally
the challenge in Nigeria today is for us to even start to run
things properly and correctly. Our law enforcement agencies,
the justice sector requires more support, more of--in terms of
your technical skills and knowledge--than any other. It will be
a foundation for whatever that is going to come after to work--
policies and whatever assistance that will follow. But for now,
it must be the most important thing. The President of Nigeria
should understand that this is in his own interest.
Senator Feingold. Thank you, sir.
All three of you have touched upon the importance of
electoral reform, the need for such reform is evident.
Ambassador Campbell, as you noted, each of Nigeria's last
three elections has been worse than its predecessor, and
although President Yar'Adua committed to carrying out
significant electoral reform, the process was slow going, at
best, and it would seem that the Acting President now has an
opportunity to get that process moving before next year's
election, so I'd like to ask all of you to just say a bit about
what concrete steps you believe the Acting President should
take toward electoral reform and how the Obama administration
can best encourage and support that.
Let's start with you, Ambassador Campbell.
Ambassador Campbell. Thank you very much, Mr. Chairman.
First of all, and most basically, the reform of the
Independent National Electoral Commission is far more than
simply removing a corrupt individual or two at the top of it.
It needs to be restructured in such a way that it is completely
independent from the Executive, and it needs to have its own
source of funding. It has neither, at present.
Second, there needs to be some kind of realistic timeline
to address elections in April 2011. Nigeria's an enormous
country and has 150 million people in it. The sheer physical
challenges of carrying out elections in an environment like
that requires an enormous amount of advanced planning. As far
as I can tell, there's no planning being done at all.
Thank you.
Senator Feingold. Dr. Lewis.
Dr. Lewis. Well, I would certainly agree with those
concerns. The Electoral Reform Commission that was chartered by
President Yar'Adua in 2007 was an excellent group of
individuals and they came forward with excellent
recommendations for moving the election process and the
electoral process forward. Unfortunately, once the paper was
published, there was no action on the recommendations.
There does need to be, in my view, a root and branch
reorganization of INEC from the top--much of the Commissioners,
the leadership--there are many good people who are dedicated
civil servants at the grassroots in the line departments of
INEC, but also many people that do not need to be there.
It needs good leadership, it needs independent funding.
Some of these things can be improvised, even in advance of the
necessary legislative changes by a dedicated President if he is
serious about making the change.
There are serious questions about the registry, about the
logistics of the election, and the planning really needed to
start quite a while ago. But even if it starts today and it's
not enough time, we have about a year to election season, and
serious dedicated work could produce a much better election
than we have seen in 2007, 2003.
Finally, I would say that consultation with the political
parties in an atmosphere of transparency and an invitation for
civil society and independent electoral observers to be part of
the process would also improve the transparency of the process
and create a much better environment.
Senator Feingold. Thank you, Doctor.
Mr. Ribadu.
Mr. Ribadu. Thank you.
First and foremost, I think, is to get appropriate law on
the ground. The Commission Report is a very good report that if
it's passed into law it will give opportunity for the change we
are talking about, one.
Two, it's important to get people of integrity to supervise
and run the elections. At this moment, we do not have that.
Three, civil societies are extremely important. They are
vehicles of change in elections like Nigeria. They need to be
empowered. Governments fail. They need to engage the civil
societies. And I think already we have a very vibrant civil
society that is waiting for that in Nigeria.
Four, elections is not just about the INEC, it also
involves other institutions, what is up with the law
enforcement, the police, the Secret Service. If they are not in
a good, proper position to support and supervise and ensure
security and order. Whatever other changes are taking place any
other place will not be able to make a difference. The law
enforcement has to change, as well, for us to see the
difference.
Of course, we need a fair, level, playing ground for all. A
situation where government parties continue to do what they
like and all of us at a disadvantage will make it impossible
for a free and fair election. Conscious efforts must be made to
protect the opposition, those people who are not in control of
government and authority. And I believe it can be done.
The moment that the world has said enough is enough, the
time has come for the views and the opinions of Nigerians to
become something that is meaningful that can reflect exactly
what they are to be, I think it will change. Say we are not
going to tolerate, again, any government that is going to come
through any dubious affront--you are not going to tolerate and
accept stealing of elections.
If--we have seen it happen in a couple of other African
countries where you can see clearly fraudulent elections taking
place. And at the end of the day, they will come in and
negotiate and remain. Two or three African countries today is a
reflection of that, and you have not seen the end of the
problems.
I think time has come when the world will see it and then
the United States will take the lead, that it is time for you
to say that you are going to stand on the side of the people,
not the few individuals who continue to do what they like just
simply because they have the means and the control of the
governments.
I think this is the message that can change, if it very
clear--clearly stated--that it is now over, you are not going
to get away with it, we are not going to agree to you stealing
the elections and cheating your own people.
Thank you.
Senator Feingold. Thank you, sir.
Ambassador Campbell, in your testimony you noted that many
Nigerians believe that military coup's alleged plan for
December 31, 2009, and January 15, 2010, were averted because
senior officials feared international disapproval. Nigeria's
military has long played a role in trying to--a role, an often
troublesome role in the country's political process. What's
their current role in the current situation? Under what
conditions, if any, could you envision the military or some
segment of the military attempting to stage a coup and what
should the United States and other international stakeholders
be doing now to obviously discourage such actions?
Ambassador Campbell. Thank you, Mr. Chairman.
If I could take the last question first.
Senator Feingold. Go ahead.
Ambassador Campbell. What we need to do is reiterate over
and over and over again and through every method we can the
unacceptability of military intervention, and we should support
the efforts of groups like the African Union, for example, that
is making a very strong stand against military coups.
As to what the role is of the military at the present time
in Nigeria, it is extremely murky, it is extremely unclear. For
example, the Nigerian press is already reporting that the
military played an important role in getting the National
Assembly to finally move to vote Goodluck Jonathan as Acting
President.
We do know that in early January, the military--not the
civilian government--the military banned any military movements
in the country right down to an individual level, which meant
clearly somebody was nervous about something.
Thank you.
Oh, one other thing if I may add, the kind of elephant in
the living room, from my perspective, is the coup in Niger. The
border between Nigeria and Niger is a line in the sand, it's
the same people on both sides. The coup in Niger was carried
out by relatively young officers, majors, lieutenant colonels,
colonels--people who are an entire generation younger than
those who run the Nigerian military forces. Nigerian officers
with whom we have very little contact. So, I have got no idea
what's running through their minds.
Thank you.
Senator Feingold. Ambassador, again, in your testimony you
said at the Binational Commission that we formed as a result of
Secretary Clinton's trip to Nigeria, I'd like to hear just your
thoughts on this Commission once it's fully operative--
operational--could it enhance and strengthen the United States-
Nigeria relationship?
Ambassador Campbell. Absolutely. The Binational Commission
is a means or a method. It provides a structure or a framework
whereby the two governments can set up working groups to
address issues of specific concern.
For example, a Binational Commission would be a way to
strengthen provisions and procedures having to do with money
laundering. But there's a whole host of things that a
Binational Commission can address. That's why it's such a
useful tool.
Thank you.
Senator Feingold. Thank you.
That will be the conclusion of the hearing, but let me just
say how pleased I am that you joined us today and helped us. I
really wanted to hold this hearing, I have been working on the
issue of our relationship with Nigeria since 1993, including
the days of Sunni Abacha and sometimes we've had to put
enormous pressure, sometimes we've been able to reach out. I
want to be accurate in the kind of steps we take to press the
right levers at the right time, we're getting some good,
specific suggestions here, but there can be no doubt that I and
the members of the committee want very much to have a very
strong relationship with Nigeria, and in particular the people
of Nigeria, who are suffering from many of the problems that
we've talked about today.
Thanks so much, that concludes the hearing.
[Whereupon, at 11:50 a.m., the hearing was adjourned.]
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