US embassy cable - 03ABUJA2170

UNCLAS SECTION 01 OF 05 ABUJA 002170 
 
SIPDIS 
 
STATE FOR INL/AAE 
JUSTICE FOR OIA, AFMLS, AND NDDS 
TREASURY FOR FINCEN 
DEA FOR OILS AND OFFICE OF DIVERSION CONTROL 
 
E.O. 12958:  N/A 
TAGS: SNAR, KCRM, NI 
SUBJECT: NIGERIA: 2003-2004 INTERNATIONAL NARCOTICS CONTROL 
STRATEGY REPORT (INCSR) PART I 
 
I. Summary 
Nigeria remains a hub of narcotics trafficking and money 
laundering activity. Nigerian criminal organizations 
dominate the African drug trade and transport narcotics to 
markets in the United States, Europe, Asia, and other parts 
of Africa. Some of these organizations are engaged in 
advance-fee fraud, commonly referred to in Nigeria as "419 
Fraud," and other forms of defrauding U.S. citizens and 
businesses as well as citizens and businesses of other 
countries. Severe unemployment after years of military rule 
and an associated economic decline contributed significantly 
to the continuation and expansion of drug trafficking, 
widespread corruption and other criminal acts in Nigeria. 
These factors, combined with Nigeria's central location 
along the major trafficking routes and access to global 
narcotics markets, provided both an incentive and mechanism 
for criminal groups to flourish.  Nigeria is still ranked as 
one of the world's most corrupt countries. Heroin from 
Southeast and Southwest Asian, smuggled via Nigeria, 
accounts for a significant portion of the heroin reaching 
the United States. Nigerian criminal elements, operating in 
South America, trans-ship cocaine through Nigeria to Europe, 
Asia, and Africa.  South Africa is a major destination for 
Nigerian-trafficked cocaine within Africa.  Nigerian-grown 
marijuana is exported to neighboring West African countries 
and to Europe, but not in significant quantities to the 
United States. Aside from marijuana, Nigeria does not 
produce any of the drugs that its nationals traffic. 
No Nigerian law enforcement agency or Commission has 
received its current annual budget although they claim that 
their budgets have been approved.  Although NDLEA enjoyed 
successes in interdiction at the international airports, 
their efforts were short of expectations due mainly to 
inadequate funding.  All law enforcement agencies suffered 
slow downs in activities while the country concentrated on 
local, state and national elections in April 2003 in which 
more than seventy-five percent of the National Assembly 
turned over.  The mission enjoys the highest level of 
cooperation with the new Attorney General who took office in 
July 2003.  Cooperation between Nigeria's law enforcement 
agencies still leaves much to be desired.  Although all law 
enforcement elements are represented at the international 
airports and at the ports, joint operations between them are 
virtually non-existent.  A missing ingredient in the 
apprehension of a major trafficker or the interdiction of a 
major shipment of contraband is interagency cooperation. No 
single law enforcement agency in Nigeria has adequate 
resources to combat the increasingly sophisticated 
international criminal networks that operate in and through 
the country. Nigeria is a party to the 1988 UN Drug 
Convention. 
II. Status of Country 
Nigeria does not produce precursor chemicals or drugs that 
have a significant effect on the United States, but is fully 
entrenched as a major drug-transit country. In addition, 
Nigerian criminal elements operate global 
trafficking/criminal networks. 
Nigerian drug organizations are heavily involved in 
corollary criminal activities such as document fabrication, 
illegal immigration, and financial fraud. Their ties to 
criminals in the United States, Europe, South America, Asia, 
and South Africa are well documented. Nigerian poly-crime 
organizations exact significant financial and societal 
costs, especially among West African states with limited 
resources for countering these organizations. 
The NLDEA is the law enforcement agency with sole 
responsibility for combating narcotics trafficking and drug 
abuse. Established in 1989, NDLEA works alongside Nigerian 
Customs, the State Security Service, the National Agency for 
Food and Drug Administration and Control (NAFDAC), the 
National Police, and the Nigerian Immigration Service at 
various ports of entry. The NDLEA's most successful 
interdictions have taken place at Nigeria's international 
airports, with the majority of hard drug seizures (e.g. 
cocaine and heroin) at the Lagos International Airport. 
Increasing numbers of drug couriers are being apprehended at 
the Abuja International Airport.  The agency has 
successfully apprehended individual drug couriers transiting 
these airports but only a few of the drug traffickers 
sponsoring these couriers. Efforts similar to the vigorous 
inspections conducted at the Lagos and Abuja international 
airports are needed at Nigeria's five major seaports as 
smugglers change their tactics to avoid detection. 
III. Country Actions Against Drugs in 2003 
Policy Initiatives - Nigeria's counter-narcotics policy is 
based on the National Drug Control Master Plan (NDCMP), 
which has been in place since 1998. This plan assigns 
responsibilities to various government Ministries and 
agencies as well as NGOs and other interest groups. In 
addition, the Master Plan outlines basic resource 
requirements and timeframes for the completion of 
objectives. Many of these goals are still unfulfilled. 
NDLEA created State Commands to ensure a comprehensive 
nationwide presence of the Agency.  Thus, the Agency now has 
37 State Commands in addition to the National Headquarters 
and nine Special Area Commands.  Additionally, the 
computerization of the Agency's administrative and 
accounting statistics ensures greater efficiency and 
transparency.  The NDLEA also sponsored several events to 
increase awareness of drug abuse among school age children 
and hosted, with private sponsors, a money laundering 
workshop to explain to banks and other financial 
institutions their role in stemming money-laundering 
activity in the country. 
Both chambers in the National Assembly have Narcotics 
Affairs Committees, which monitor the performance of the 
NDLEA and implementation of Nigeria's counter-narcotics 
strategy. NDLEA has a Congressional Liaison Officer who 
tracks activity in the National Assembly that affects the 
Agency and its mission.  Like all other entities of 
government in Nigeria, neither committee in the National 
Assembly has funding for any activity.   The continuity 
provided by the current NDLEA Chairman, Alhaji Bello 
Lafiaji, has exacted a greater measure of commitment and 
loyalty from the NDLEA field personnel and staff and has 
resulted in increased efforts and training opportunities at 
all levels of the Agency. 
Nigeria has contributed $2,000,000 towards a five-year 
$6,000,000 UNODC project to convert the NDLEA Academy in Jos 
to a Regional Law Enforcement Training Center.  The first 
phase of the project is underway. 
Accomplishments - The NDLEA continues its successful 
interdiction of couriers destined for the U.K. and U.S. 
through Murtala Mohammed International Airport in Lagos as 
well as Nnamdi Azikiwe International Airport in Abuja. 
Seizures of hard drugs in 2003 were modest, with cocaine and 
heroin totaling 130kg and 70kg respectively; no one seizure 
exceeded 15 kilograms. NDLEA also seized more than 937kg of 
psychotropic substances and more than 530,000kg of cannabis. 
(note: Nigeria considers cannabis, commonly referred to as 
"Indian Hemp", as a hard drug and reflects that in their 
reports.) Prosecutions of drug couriers -- those carrying 
small amounts of hard drugs in baggage or internally 
ingested -- remained strong, while prosecution of major drug 
traffickers still has not materialized.  Similar successes 
have been recorded by the NDLEA State Commands with one 
State arresting 58 persons and seizing 1,700 kg of cannabis, 
10kg of cocaine and 9kg of heroin between September and 
November 2003.  NDLEA achieved limited success in combating 
the various elements of the drug trade during 2003. 
Typically, street pushers and trafficker "mules" were 
apprehended; the effort against large-scale traffickers, 
however, was less effective.  NDLEA continues to incur 
resistance to their presence at the major seaports by 
Nigerian Customs Service who see their presence as 
competitors as opposed to collaborators. 
Drug-related prosecutions have continued at a steady pace. 
Using special drug courts, a more energetic approach by the 
NDLEA to prosecute drug traffickers efficiently and 
successfully resulted in over 2,300 arrests and 841 
prosecutions so far in 2003.  In the course of enforcing 
Nigerian drug smuggling laws, in collaboration with the U.S. 
Federal Bureau of Investigations (FBI), NDLEA helped 
intercept over $3,000,000 worth of fraudulent checks and 
with the added cooperation of Federal Express, over $200,000 
in merchandise that had been purchased with stolen credit 
cards was returned to the respective vendors. 
The NDLEA has assumed a leadership role in drug enforcement 
in the region.  With DEA assistance, the NDLEA created the 
West African Joint Operation (WAJO) initiative, bringing 
together drug enforcement personnel from 15 countries in the 
region to improve regional cooperation.  A DEA-assisted WAJO 
planning conference will be held in the Gambia in early 
2004.  The NDLEA continues expanded counter-narcotics 
cooperation with the police in South Africa, where Nigerian 
criminal organizations are believed to be responsible for 
the bulk of drug trafficking.  Additionally, NDLEA recently 
concluded the first segment of an international operation 
with the South American sub-regional office of INTERPOL and 
the Argentinean Police.  Also, NDLEA attended the 2003 
International Drug Enforcement Conference (IDEC) in Panama. 
Having become the first African permanent member of this 
forum in 2002, Nigeria was elected Secretary of the Forum at 
the conclusion of that meeting. 
The Government of Nigeria continues to work on a mechanism 
to process U.S. extradition requests expeditiously while 
observing due process under Nigerian law.  Currently, a 
dedicated prosecutorial team handles all U.S. extradition 
cases before a specifically designated High Court judge. 
Nigerian law still affords the defendant many latitudes thus 
keeping the process in limbo for extended periods. The last 
extradition was in late 2002.  There is one extradition case 
pending before the court and another individual in custody 
awaiting extradition hearings. 
Law Enforcement Efforts - Nigerian counter-narcotics efforts 
primarily focus on interdiction at Nigeria's air and 
seaports which normally nets couriers originating or 
transiting to Europe or the U.S., as well as a public 
campaign focused on destroying marijuana crop throughout the 
country.  Major narcotics smugglers and their networks 
continue to elude arrest and prosecution, despite a NDLEA 
commitment to launch an intensified effort to investigate 
major international drug traffickers operating in Nigeria. 
Attempts by the NDLEA to arrest and prosecute major 
traffickers and their associates often fail in Nigeria's 
courts, which are subject to intimidation and corruption. 
Asset seizures from narcotics traffickers and money 
launderers, while permitted under Nigerian law, have never 
been systematically utilized as an enforcement tool, but 
some convicted traffickers have had their assets forfeited 
over the years. The number of traffickers so far penalized, 
however, remains small. 
Corruption - Corruption has for many years, permeated 
Nigerian society and continues to be a systemic problem in 
Nigeria's government. Unemployment is very high and civil 
servants' salaries are low. In addition, salaries are 
frequently months in arrears, compounding the corruption 
problem.  The Independent Corrupt Practices and Other 
Related Offenses Commission (ICPC) has weathered several 
storms, including an attempt by the last session of the 
National Assembly to repeal the Anti-Corruption Act 2001 and 
replace it with a watered-down version that virtually 
exempted lawmakers from prosecution.  Recent high profile 
investigations and arrests have resulted in cabinet level 
officials being charged, dismissed from their post and 
incarcerated while awaiting hearings on corruption charges. 
None of these actions were for drug-related offenses.  USG 
technical assistance, funded through INL and implemented by 
the U.S. Department of Justice, has entered a second phase 
providing the ICPC with additional training and technical 
assistance, including a Resident Legal Advisor (RLA) for its 
staff in early 2004.  Neither Nigerian policy nor any senior 
government officials are known to encourage or facilitate 
the illicit production or distribution of illegal substances 
or the laundering of proceeds from illegal drug 
transactions.  Equipment provided by the USG to Nigerian law 
enforcement authorities is monitored by mission personnel 
and is being used as intended in support of law enforcement 
programs. 
Agreements and Treaties - Nigeria is a party to the 1988 UN 
Drug Convention, the 1961 UN Single Convention on Narcotic 
Drugs, as amended by the 1972 Protocol, and the 1971 UN 
Convention on Psychotropic Substances.  Nigeria has signed 
the UN Convention against Transnational Organized Crime, the 
Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, the Protocol Against the Smuggling of Migrants, and 
the Protocol Against the Illicit Manufacturing of and 
Trafficking in Firearms. The 1931 U.S. - UK Extradition 
Treaty, which was made applicable to Nigeria in 1935, is the 
legal basis for pending U.S. extradition requests. In 1989, 
the United States and Nigeria entered into a mutual 
cooperation agreement for reducing demand, preventing 
illicit use, and combating illicit production and 
trafficking in drugs. The United States and Nigeria also 
signed in 1989 a Mutual Legal Assistance Treaty (MLAT), 
which was ratified in 2001 and entered into force on January 
14, 2003.  Nigeria is a party to the World Customs 
Organization's Nairobi Convention, Annex on Assistance in 
Narcotics Cases. 
Cultivation/Production - Cannabis is the only illicit drug 
produced in any large quantities in Nigeria. The drug is 
cultivated in all 36 states. Major cultivation takes place 
in central and northern Nigeria and in Delta and Ondo states 
in the south. Marijuana, or "Indian Hemp" as it is known 
locally, is sold in Nigeria and exported throughout West 
Africa and into Europe. To date, there is no evidence of 
significant marijuana imports from Nigeria into the United 
States. The NDLEA pursued an aggressive eradication 
campaign. For 2003, the NDLEA claimed to have discovered and 
destroyed more than 159,202 hectares of cannabis. 
Drug Flow/Transit - Nigeria is a major staging point for 
Southeast and Southwest Asian heroin smuggled to Europe and 
the United States and for South American cocaine trafficked 
to Europe. While Nigeria remains Africa's drug transit hub, 
there are indications that the preferred methods of trans- 
shipment have changed. The NDLEA unit at Lagos' Murtala 
Mohammed International Airport conducts 100 percent searches 
of passengers and carry-on baggage.  This is extremely 
significant given the addition of World Airways direct 
flights to the U.S. from Lagos that started in May 2003. 
The enhanced security posture at this airport has prompted 
some drug traffickers to use Nigerian seaports, concealing 
large quantities of contraband in shipping containers and 
other West African airports and seaports with less stringent 
security controls. 
Domestic Programs (Demand Reduction) - Local production and 
use of marijuana have been a problem in Nigeria for some 
time; however, according to the NDLEA and NGOs, the abuse of 
harder drugs (e.g., cocaine, heroin) is now on the rise. 
Heroin and cocaine are readily available in many of 
Nigeria's larger cities. (Note: Since there is no formal 
tracking system or statistical evidence available, it is 
difficult to support claims that drug abuse is on the rise.) 
The NDLEA continues to expand its counter-narcotics clubs at 
Nigerian universities and distribute counter-narcotics 
literature. The NDLEA also has instituted a teacher's manual 
for primary and secondary schools, which offers guidance on 
teaching students about drug abuse.  NDLEA sponsored a 
nationwide contest between primary and secondary schools 
with public presentations held at the "UN Day Against Drugs" 
ceremony in 2003. 
IV. U.S. Policy Initiatives and Programs 
Policy Initiatives - U.S.-Nigerian counter-narcotics 
cooperation focuses on interdiction efforts at major 
international entry points and on enhancing the 
professionalism of the NDLEA and other law enforcement 
agencies. U.S. training programs, technical assistance and 
equipment donations have continued, with the NDLEA as the 
primary target. An effort to help NDLEA establish itself as 
a regional training platform by opening its Academy in Jos 
to the West Africa sub-region is underway.  The DEA country 
office in Nigeria works with the NDLEA Joint Task Force and 
other operations personnel to train, coordinate, plan and 
implement internal and regional interdiction operations. At 
all levels, USG representatives enjoy excellent access to 
their counterparts and there is an evident desire on both 
sides to strengthen these relationships. The current NDLEA 
chairman is committed to meeting agency goals and improving 
the morale of NDLEA officers. The United States and Nigeria 
signed a Letter of Agreement covering many aspects of law 
enforcement assistance, including a new U.S.-funded police 
reform program in 2002. The Agreement has been amended three 
times to increase assistance for Nigerian law enforcement to 
support the Police Service Commission, NPF, ICPC and 
Trafficking In Persons projects. Additional equipment will 
be provided for the NDLEA Joint Task Force and all law 
enforcement agencies will be included in future training 
endeavors in an effort to promote better cooperation and 
collaboration in areas of mutual interest.  Although 
somewhat improved, police morale still suffers due to 
failure of the GON to meet basic needs.  For example, 
salaries, in addition to being low, are frequently months in 
arrears. 
Bilateral Accomplishments - A high level U.S.-Nigeria law 
enforcement dialogue, initiated by Nigeria in 2001, was held 
in December 2002 and ended with pledges by both Governments 
to accomplish certain objectives before the next meeting. 
Due to Nigerian national elections in April and delays in 
filling key positions, the GON has agreed to delay the 
scheduled 2003 meeting until March/April 2004.  The meeting 
is planned for Washington, to be hosted by the Assistant 
Secretary for International Narcotics and Law Enforcement 
 
SIPDIS 
Affairs.  The new Attorney General of the Federation, Chief 
Akinlolu Olujinmi, will lead the Nigerian delegation.  The 
majority of the goals and objectives resulting from the 
December 2002 meeting have been met or exceeded.  As with 
the last two meetings, the next meeting will cover the full 
range of U.S. and Nigerian law enforcement interests: drug 
control; financial fraud; trafficking in persons; 
corruption; immigration crimes; police reform; extradition; 
and money laundering. 
Meanwhile, the DEA office in Nigeria continues to work with 
the NDLEA on expanding their relationship. Increased 
Department of State assistance to the NDLEA allowed for a 
stronger interdiction posture at the Lagos international 
airport, Nigeria's largest drug transit point, forcing many 
traffickers to route drug shipments through neighboring 
countries. The USG through DEA is funding a basic drug law 
enforcement course taught at the NDLEA Academy in Jos and 
will have participants from the West Africa sub-region. 
The Road Ahead - After years of non-cooperation, the U.S. 
and Nigeria enjoy an excellent relationship and improved 
cooperation on the law enforcement front. Federal funding 
for Nigerian law enforcement agencies and key anti-crime 
agencies remains insufficient and erratic in disbursement. 
This affects the planning, and consistency of actions on the 
part of these agencies, giving the impression of lack of 
commitment and ineffectiveness.  Unless the Nigerian 
Government remedies this situation, very little progress 
will be made and none sustained.  It will require strong and 
sustained political will and continued international 
assistance for any Nigerian government to confront these 
difficult issues and bring about meaningful change. 
The U.S. government has expanded aid to Nigeria's counter- 
narcotics efforts; anti-drug assistance provided since 
February 2001 now totals over $1.5 million.  Although 
Nigeria does not produce reliable crime statistics, opinions 
vary on whether public security deteriorated throughout the 
country in 2003.  Operation "Fire for Fire" seem to have had 
the desired deterrent affect in the major cities but the 
police remain grossly mistrusted by the Nigerian populous 
and organized crime groups continue to exploit that mistrust 
by preying on citizens throughout the country. 
Nigerian police are poorly trained.  A new recruit 
curriculum and mid-level curricula designed by ICITAP is 
being presented in Kaduna and Kano police colleges. 
Programs on community policing, civil disorder management 
and criminal investigation will be emphasized during the 
remainder of the multi-year police modernization program. 
NDLEA has mandated that all their officers and operatives 
undergo re-training at the basic level and mid-level before 
qualifying for promotion under the new promotion scheme. 
Implementation of a 2001 Presidential order to recruit 
40,000 new police constables each year exacerbates the 
problem of absorbing poorly trained police into the force. 
The Government of Nigeria needs to prioritize its commitment 
of resources to ensure the success of an ambitious 
recruiting program. 
The U.S. government will continue to engage Nigeria on the 
issues of counter-narcotics, money laundering and other 
international crimes. There have been measurable successes 
and renewed commitment to improving upon legislation that 
enhances the capabilities of Nigeria's law enforcement 
community in the past year.  While all branches of 
government say the "right thing", they are rarely ever able 
to deliver the goods required to affect long-term solutions. 
The underlying institutional and societal factors that 
contribute to narcotics-trafficking, money-laundering and 
other criminal activities in Nigeria are deep-seated and 
require a comprehensive and collaborative effort at all 
levels of law enforcement and government.  Progress can only 
be made through sustained effort, political will, and 
continued support of the affected international community. 
 
MEECE