US embassy cable - 04ABUJA2028

C O N F I D E N T I A L ABUJA 002028 
 
SIPDIS 
 
E.O. 12958: DECL: 12/06/2014 
TAGS: PREL, PGOV, ASEC, CVIS, NI 
SUBJECT: MFA CONCERNED ABOUT U.S. EMBASSY'S SECURITY, 
NIGERIAN CITIZENS' DETENTIONS 
 
 
Classified By: Ambassador John Campbell for Reasons 1.5 (B & D). 
 
1. (C) MFA Undersecretary for Protocol Abdulwahab called in 
the Ambassador November 7 to discuss several issues.  Amb. 
Abdulwahab started by expressing condolences for the attack 
on ConGen Jeddah, and asking detailed questions on whether we 
were comfortable with GON security measures to protect 
Embassy Abuja.  Ambassador responded that in general we were 
making progress, and noted various specific efforts the 
Nigeria Police Force (NPF) was making on our behalf.  Amb. 
Abdulwahab said the NPF will be setting up a Police 
Protection Unit (PPU) to further enhance diplomatic security, 
and offered to arrange a meeting for the Ambassador with 
Nigeria's Inspector General of the NPF and the Commissioner 
for police in Abuja. 
 
2. (C) Amb. Abdulwahab also explained that the MFA is 
undergoing a re-organization of all units under four 
Undersecretaries.  The present Undersecretary for Regions 
(the MFA's version of P in the Department) will absorb all of 
the regional and multinational policy units other than 
African Affairs, which will be a separate Undersecretary. 
There will be a third Undersecretary for Management, and 
Protocol will be the fourth -- Amb. Abdulwahab himself -- 
with responsibility for everything not under the others. 
Amb. Abdulwahab will have a grab bag of responsibilities 
under the new system, including protocol, legal, consular, 
culture and sports, and public diplomacy. 
 
3. (C) Getting these and several other minor issues out of 
the way that he termed "positive," Amb. Abdulwahab raised two 
he termed "difficult:"  what he described as the deportation 
of 324 Nigerian citizens this year in two batches under 
strengthened immigration implementation in the U.S., and the 
detention of 244 Nigerians at present in the U.S. for 
immigration and other violations.  Abdulwahab expressed 
understanding that immigration rules and enforcement had to 
be tightened in the U.S. after September 11, but asked that 
the USG differentiate between ignorance of new immigration 
procedures and other violations of the law.  People who made 
innocent mistakes through not knowing the new system, 
Abdulwahab contended, should be instructed and reprieved, and 
certainly those deported for overstaying or not checking in 
with DHS out of ignorance of the new rules should not be 
barred from future visas for that alone.  Abdulwahab asked 
specifically that the USG: 
 
-- Quickly review cases of those 244 detained; and 
 
-- Set up collaboration between the Embassy and GON to 
resolve future applications of those deported out of 
ignorance of the new system.  Abdulwahab said Consular 
Director Shadipo would represent the MFA in such contacts. 
 
4. (C) Ambassador responded that September 11, and incidents 
like the attack on ConGen Jeddah, certainly had raised our 
concern and effort on enforcement of security laws. 
Immigration law was no exception, indeed it was a focal point 
for Americans in general and the Administration and Congress 
in particular.  Ambassador noted that laws must be enforced 
and the new procedures rigorously implemented, but agreed to 
forward the GON's concerns to the Department. 
 
5. (C) Amb. Abdulwahab questioned whether the "APPLICATION 
RECEIVED" stamp, placed in passports when U.S. visas had been 
refused, was allowable under international law.  Passports 
are the property of the governments that issued them, as he 
claimed was noted in both U.S. and Nigerian passports, and 
such a refusal stamp was defacing the other government's 
property.  Ambassador said he would check whether such stamps 
were required by U.S. law or regulations.  (Note: We have 
since reconfirmed that this is required by regulation.  End 
Note.) 
 
6. (C) Amb. Abdulwahab also asked for USG assistance in what 
he termed the repatriation of 3-4 billion USD from the U.S. 
of illicit proceeds from corruption in Nigeria.  (Note: The 
reference was to what is commonly referred to in Nigeria as 
the "Abacha loot," although the amount may be only a guess 
and the definition of "Abacha loot" less than concrete.  End 
Note.)  Ambassador noted that there are existing legal 
channels, which basically require a specific GON request for 
return of a specific sum from a specific account -- usually 
on the basis of a specific finding from a court that the 
funds were illicit.  Ambassador also indicated an interest in 
exploring how to work together to detect such illicitly 
acquired proceeds of corruption (per the Sea Island Compact 
signed by Presidents Bush and Obasanjo).  Amb. Abdulwahab 
said the natural GON interlocutor would be the Economic and 
Financial Crimes Commission (EFCC), and Ambassador expressed 
a willingness to meet with the head of the EFCC in the future. 
CAMPBELL