US embassy cable - 01ABUJA2983

UNCLAS SECTION 01 OF 02 ABUJA 002983 
 
SIPDIS 
 
 
E.O. 12958: N/A 
TAGS: SNAR, NI 
SUBJECT: DRUG CERTIFICATION REPORT CARD FOR NIGERIA 
 
REF: STATE 189553 
 
 
1. This responds to reftel's request for a certification 
report card showing the Government of Nigeria's 
accomplishments in achieving certification benchmarks set out 
earlier in the year. 
 
 
A. Major Traffickers 
 
 
1) improved effectiveness of the NDLEA/DEA Joint Task Force 
leading to international narcotics investigations and 
prosecutions involving major Nigeria-based traffickers 
 
 
--THE JOINT TASK FORCE HAS BEEN REINVIGORATED; IN MID-2001 IT 
BEGAN INVESTIGATING A MAJOR TRAFFICKER WITH DEA COOPERATION. 
 
 
2) Increased GON resources for the NDLEA 
 
 
--IN JULY 2001 PRESIDENT OBASANJO AUTHORIZED A SUPPLEMENTARY 
BUDGET APPROPRIATION OF 250 MILLION NAIRA (EQUIVALENT TO USD 
2.3 MILLION), EFFECTIVELY A 200 PERCENT INCREASE IN THE 
NDLEA'S BUDGET. 
 
 
3) Effective use of training and material assistance provided 
by the USG 
 
 
--AIRPORT INTERDICTION TRAINING GIVEN TO NDLEA OFFICERS IN 
OCTOBER 2000 AND DRUG DETECTION ITEMISERS TURNED OVER TO THE 
NDLEA IN MAY 2001 HAVE LED TO MUCH STRONGER INTERDICTION 
EFFORTS AT LAGOS' MURTALA MUHAMMED INTERNATIONAL AIRPORT. 
 
 
4) Efficient GON response to law enforcement requests from 
other countries. 
 
 
--NIGERIA HAS EXPANDED DRUG CONTROL COOPERATION WITH OTHER 
COUNTRIES THROUGH A NUMBER OF NEW FORA DURING THE LAST YEAR, 
INCLUDING THE SOUTH AFRICA-NIGERIA BILATERAL COMMISSION, THE 
DEA-SPONSORED WEST AFRICAN JOINT OPERATIONS INITIATIVE AND 
THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS). 
 
 
B. Extradition 
 
 
1) Establishing a special prosecutorial team that works on 
extradition cases; 
2)Creating a special element in the High Court composed of 
one or more judges designated to hear extradition cases; 
3) Providing any such judge or judges with the staff and 
resources necessary to hear cases expeditiously; and 
4) Expeditiously conducting a review of outstanding U.S. 
requests for extradition and filing with the High Court 
extradition requests that can be pursued. 
 
 
--DURING THE NOVEMBER 9 MEETING OF THE BILATERAL LAW 
ENFORCEMENT COMMITTEE BETWEEN NIGERIA AND THE U.S., THE GON 
PLEDGED TO BEGIN PROCESSING USG EXTRADITION REQUESTS USING A 
DEDICATED PROSECUTORIAL TEAM AND A JUDGE SELECTED TO HANDLE 
EXTRADITION CASES EXCLUSIVELY. 
 
 
C. Interdiction 
 
 
1) Expanding NDLEA's jurisdiction to Nigeria's sea ports 
leading to seizures, arrests and prosecutions; 
 
 
--IN AUGUST 2001 PRESIDENT OBASANJO ISSUED AN EXECUTIVE ORDER 
GRANTING THE NDLEA FULL OPERATIONAL ACCESS TO NIGERIA'S SEA 
PORTS.  THE NDLEA HAS SINCE SET UP FIVE NEW ZONAL COMMANDS 
(BRINGING THE TOTAL TO 25) TO INTENSIFY INTERDICTION EFFORTS 
AT THE COUNTRY'S FIVE LARGEST PORTS -- CALABAR, PORT 
HARCOURT, TIN CAN ISLAND, WARRI AND APAPA. 
 
 
2) Intensify efforts at the Lagos airport to ensure that any 
direct flights to the United States from Nigeria do not 
become major conduits for drug trafficking. 
 
 
--THE NDLEA UNIT AT MURTALA MUHAMMED INTERNATIONAL AIRPORT 
CONDUCTS 100 PERCENT SCREENING OF CARRY-ON BAGGAGE OF 
PASSENGERS EMBARKING ON THE SOUTH AFRICA AIRWAYS/NIGERIA 
AIRWAYS DIRECT FLIGHT TO THE U.S. (NEW YORK/JFK).  A SIGN OF 
AN EFFECTIVE INTERDICTION PROFILE IN NIGERIA IS THE FACT THAT 
ONLY ONE DRUG SEIZURE HAS BEEN REPORTED BY U.S. CUSTOMS AT 
JFK IN CONNECTION WITH THIS FLIGHT -- COMPARED TO MANY 
SEIZURES MADE FROM THE GHANA AIRWAYS FLIGHT FROM ACCRA TO JFK. 
 
 
D. Money Laundering 
 
 
1)  The GON must make significant progress in establishing a 
mechanism for bank monitoring and reporting cross-border and 
significant internal financial transactions to a central unit; 
 
 
--IN OCTOBER 2001 THE GON FINISHED A DRAFT LAW THAT CREATES A 
FINANCIAL CRIMES COMMISSION SERVING THE FUNCTION OF A CENTRAL 
GON UNIT TO COORDINATE ANTI-MONEY LAUNDERING ENFORCEMENT 
ACTIVITIES AND POLICY WHILE IMPROVING MONITORING OF NIGERIA'S 
89 BANKS 
2) The GON must make significant progress in enacting new and 
enforcing existing money laundering legislation. 
 
 
--IN ADDITION TO THE ABOVE MENTIONED FINANCIAL CRIMES 
COMMISSION LAW, THE GON IS DRAFTING A NEW MONEY LAUNDERING 
LAW THAT RECOGNIZES THE DEFICIENCIES OF THE 1995 MONEY 
LAUNDERING ACT BY EXPANDING COVERAGE BEYOND DRUG MONEY 
LAUNDERING TO THE PROCEEDS OF OTHER CRIMES AND IMPROVING 
ENFORCEMENT EFFORTS.  AT THE NOVEMBER 9 BILATERAL LAW 
ENFORCEMENT COMMITTEE MEETING IN WASHINGTON, THE GON PLEDGED 
TO INTRODUCE THE NEW MONEY LAUNDERING LAW BEFORE NIGERIA'S 
NATIONAL ASSEMBLY BY MARCH 2002. 
 
 
E. Asset Forfeiture 
 
 
1) The GON should enact legislation that reduces the 
government's standard of proof required for effecting 
forfeiture of property; and 
2) the GON should auction forfeited assets of substantial 
value and using at least 50 percent of the proceeds to 
augment the NDLEA or NPF budget. 
 
 
--DURING THE NOVEMBER 9 BILATERAL LAW ENFORCEMENT COMMITTEE 
MEETING IN WASHINGTON, THE GON PLEDGED TO INTRODUCE 
LEGISLATION ALLOWING FOR CIVIL FORFEITURE OF ASSETS, WITH THE 
PROCEEDS OF THOSE ASSETS TO GO LARGELY TO THE LAW ENFORCEMENT 
AGENCIES AFFECTING THE SEIZURES,BY MARCH 2002. 
 
 
F. Corruption 
 
 
1) The GON should properly staff and fund the Anti-Corruption 
Commission; and 
2) properly staff and fund both the NDLEA and NPF special 
offices of professional responsibility and ensure that they 
have the authority to bring criminal charges or to recommend 
administrative punishments for lesser offenses. 
 
 
--THE GON HAS BEGUN HIRING THE FIRST DEDICATED STAFF FOR THE 
ANTI-CORRUPTION COMMISSION, WHICH WILL GREATLY EXPAND THE 
COMMISSION'S SIZE AND STRENGTHEN ITS CAPACITY.  GON OFFICIALS 
ALSO CLAIM THAT FUNDING FOR THE COMMISSION, CURRENTLY AT USD 
5 MILLION A YEAR, WILL BE ENHANCED IN THE COMING BUDGET 
CYCLE. 
 
 
 
 
Jeter