US embassy cable - 04LAGOS2526

UNCLAS SECTION 01 OF 04 LAGOS 002526 
 
SIPDIS 
 
STATE FOR INL 
TREASURY FOR FINCEN 
DEA FOR OILS AND OFFICE FOR DIVERSION CONTROL 
JUSTICE FOR OIA, AFMLS AND NDDS 
 
E.O. 12958: N/A 
TAGS: SNAR 
SUBJECT:  INTERNATIONAL NARCOTICS CONTROL STRATEGY 
REPORT  (INCSR) 2004 
 
REF: STATE 248987 
 
1. Summary 
 
Nigeria remains a major transit route for illicit 
trafficking of narcotic drugs. There is evidence that 
narcotics transiting Nigerian ports and borders reach 
the United States in amounts sufficient to have a 
significant effect on United States. However, Nigeria 
does not produce any of the narcotic drugs. 
Cannabis/marijuana is grown domestically in Nigeria and 
is exported to the neighboring West African countries 
from where it is exported to Europe. There is a small, 
but increasing local narcotics market. 
 
There is overwhelming evidence of Nigeria's strong 
commitment to keep narcotics from being transited 
through Nigeria and being abused by Nigerians. The 
overall result is prevention of narcotics from reaching 
markets in other countries. 
 
Nigeria's commitment is demonstrated by the creation of 
the National Drug Law Enforcement Agency (NDLEA) in 
1989 and is currently headed by a very energetic and 
able Chairman and assisted by qualified personnel in 
the 37 commands throughout the country. The government 
of Nigeria has also taken steps to fully fund the 
agency though this has not been successful. But, the 
agency is budgeted for and at least the Government 
meets 50% of it.  There has been registered success in 
Drug Interdiction mostly at the airports though this 
still falls short of the overall expectations. 
Basically this is due to lack of adequate funding. 
Also, the Government established an Academy for NDLEA 
cadet and since its establishment, more than 5,000 
cadets have been trained. In its fight against illicit 
drug trafficking, NDLEA has lost more than 200 
personnel in the process. Despite inadequate resources, 
NDLEA is still performing an excellent job in drug 
interdiction. Nigeria is part to the 1988 UN Drug 
Convention. 
 
11. Status of Country 
 
As mentioned in para.1, Nigeria is not producer of 
narcotic drugs but a major drug-transit hub. Heroin and 
Cocaine transit Nigeria on their way to neighboring 
countries, Southern Africa, Europe and increasingly to 
the United States. These drugs originate outside Africa 
as demonstrated by the origins of the flights from 
which the traffickers are arrested. 
Drug interdiction is the sole responsibility of the 
NDLEA. However, NDLEA works alongside other agencies 
mentioned in the previous report. Heroin and Cocaine 
seizures have dominated the NDLEA activities at the 
Murtala Mohamed International Airport in Lagos. There 
was however a major seizure of 30 kilograms of Cocaine 
at the Benin-Nigerian border post in December. This 
shows how the drug traffickers keep changing their 
tactics upon an improvement in NDLEA's continued 
performance of its duties. Trade in and local 
consumption of Marijuana has been on the increase in 
the year 2004. This is shown by the quantities seized 
and the number of arrest made in the year. On the whole 
there has been an increase in narcotic drugs business 
despite Government efforts to combat illegal 
trafficking in drugs. 
 
111. Country Actions Against Drugs in 2004 
 
Policy Initiatives. 
The relationship between the U.S government and 
Nigerian Agencies has continued to improve.  Training 
programs, technical assistance and equipment donations 
have continued. NDLEA Academy in Jos, Plateau State 
received twenty computers and is still targeted in the 
next letter of amendment. Other beneficiaries in the 
5th Amended Letter of Agreement are EFCC and NPF. 
 
 
 
 
 
Accomplishments- 
In 2004, NDLEA commenced a systematic implementation of 
all various anti-money laundering legislations and 
policies. Based on this, five commercial banks have 
been investigated and prosecuted for aiding and 
abetting money laundering. NDLEA also intensified its 
bank inspection operations. 
NDLEA continues to lead in the region in the fight 
against drug trafficking. It has initiated and 
established a permanent secretariat for the Inter- 
Governmental Action Task Force Against Money Laundering 
in West Africa (GIABA). 
 
 
Law Enforcement Efforts 
In 2004, NDLEA seized 51,022.04 kilograms of cannabis, 
92.273 kilograms of cocaine, 53.368 kilograms of heroin 
and 198.118 kilograms of psychotropic substances by the 
end of October. In the same period, the agency arrested 
3,067 drug traffickers and over 98% of them were 
successfully prosecuted. The seizures were concentrated 
airports, seaports and border posts. NDLEA still 
experiences lack of enough personnel to cover all the 
entry points. 
In the same period, the Nigerian government intensified 
its campaign against corruption by going against 
serving government officials including state Governors. 
President Olusegun Obasanjo has consistently berated 
state government officials over misappropriation of 
public funds. A case for the review of the Federal 
constitution has been made and the immunity clause 
under which the governors were hiding is up for review. 
 
 
 
Corruption- Corruption is fully entrenched in the 
Nigerian society and still remains a significant 
barrier to effective narcotics enforcement. It is 
systematic and society tends to condone it. The socio- 
economic conditions in Nigeria seem to be the root 
cause. There is widespread unemployment and the 
salaries of Civil servants are meager. The government 
often fails to pay salaries on time. The most affected 
in this group are the Law Enforcement officers who have 
fallen victims of corruption. Several have been 
dismissed as a result of being compromised. I effort to 
combat corruption, the Nigerian Government, through the 
Corrupt Practices and other Related Offences Act of 
2000, established the Independent Corrupt Practices and 
Other Related Offences Commission. The Act prohibits 
corrupt practices and other related offences;, and also 
prescribes punishment for the offences. Under Section 
6, the Commission is empowered to receive and 
investigate reports of corruption and where 
justifiable, prosecute the offenders. It is also 
empowered to educate the public on and against bribery, 
corruption and other related offences. The commission 
in 2004 endeavored to execute its duties despite the 
logistical problems it faced.  The Commission as 
embarked on a public awareness campaign and has so far 
taken it to primary and Tertiary institutions. In 2004, 
ICPC has investigated and is in the process of 
prosecuting high profile Nigerian government officials. 
These include Judges, Commissioners, Permanent 
Secretaries and Ministers. An attempt by the National 
 
SIPDIS 
Assembly to repeal the Anti-corruption Act 2001 has 
failed. The government is more than committed to the 
anti-corruption crusade. There is a proposed 
constitutional amendment to remove the immunity of 
Governors and currently there is a governor being 
investigated for corruption and money laundering. ICPC 
also established a training academy. ICPC now boasts of 
12 qualified and motivated prosecutors and is now 
recruiting private prosecutors to replace the police 
prosecutors. It has also established two zonal offices 
and expects to open four more offices in 2005. The 
government has also appointed two Judges in each of the 
37 states to handle corruption cases. The ICOPC budget 
was presented to the National Assembly, defended and it 
is hoped that the budget will be approved with minor 
amendments. 
 
All cases dealt with by the Commission have no 
relationship with Narcotic drugs trafficking. The USG 
provided technical assistance to the Commission through 
the Bureau of international Narcotics and Law 
Enforcement Agency. It was the second phase of the 
program and through it the Commission will get 
additional training and technical assistance. This 
includes a Resident Legal Advisor (RLA). She is 
currently in Nigeria on a fact-finding mission and will 
be back in March 2005 for six months. 
Agreements and Treaties-Nigeria is 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 ratified the UN Convention against 
Transnational Organized Crime, the Protocol to Prevent, 
Suppress and Punish Trafficking in Persons, and the 
Protocol against the Smuggling of Migrants. The 1931 
U.S-UK Extradition treaty, which was made applicable to 
Nigeria in 1935, is the legal basis for U.S extradition 
requests. The U.S-Nigeria Mutual Legal Assistance 
Treaty (MLAT) that was entered into on January 14 2003 
is still in force. 
 
Cultivation /Production-Marijuana/Cannabis is grown all 
over Nigeria but it is concentrated in central and 
northern states of the country. I t is also grown in 
large quantities in Ondo and Delta states. Its market 
is concentrated in West Africa and Europe. None is 
known to have found its way to the United States. In 
the execution of its duties, NDLEA destroyed more than 
200,000 hectares of it in 2004. 
 
 
Drug Flow/Transit-Nigeria remains a conduit for heroin 
and Cocaine from Asia and South America respectively. 
Interdiction is mainly at the Murtala Mohamed 
International Airport in Lagos where NDLEA conducts 100 
percent searches on both passengers and luggage. This 
has led to the change of routes by traffickers. The use 
of Port Harcourt Airport by British Airways has been 
identified as a new route in Nigeria. The use of 
seaports is still the preferred means because of the 
laxity of security at these ports. 
 
 
Domestic Programs (Demand Reduction) - As stated in the 
2004 report, drug abuse is on the rise in Nigeria. This 
is a result of the availability of the drugs on the 
local market in Nigeria's large cities. Local 
cultivation and use are still big problems in Nigeria. 
However, NDLEA has expanded its counter-narcotics 
programs to primary and Tertiary institutions. In 2004, 
NDLEA improved on its sub-regional operational scheme 
and launched a special operation code named "Operation 
Tiger". The success of this operation has been 
unprecedented. It has led to seizures of substantial 
amounts of narcotics and the apprehension of several 
drug dealers who have provided valuable information to 
the agency. 
 
 
 
1V.  U.S Policy Initiatives and Programs 
Policy Initiatives-The U.S-Nigeria counter narcotics 
cooperation did not change in 2004. U.S training 
programs, technical assistance and equipment donations 
to NDLEA have continued. In 2004, the 2002 Letter of 
Agreement signed by the USG and the Government of 
Nigeria was amended for the fourth time. The Fourth 
amendment provides for additional $ 300,000 for the 
modernization of the Nigerian Police Force. 
 
Bilateral Accomplishments - No comment 
 
The Road Ahead 
The Nigerian Police force has not been very cooperative 
in its dealings with the U.S Government. This has been 
manifested in its failure to follow a new recruit 
curriculum and a mid-level in-service training program 
that were designed by the Department of Justice 
advisors to the Nigerian Police Force. The Minister of 
Police affairs had also refused to sign the 4th 
Amendment to the Letter of Agreement in which the NPF 
was the sole beneficially. He later signed when 
Washington gave us a deadline. He, however, expressed 
his willingness to call all the parties involved in 
Police activities to wit IG, Chairman Police Service 
commission, his Permanent Secretary and the U.S 
mission. He has not done anything on it. The Inspector 
of Government (IG) has been a stumbling block in the 
operations of the police. According to the Minister of 
Police Affairs, the IG has persistently failed to 
report to him about the assistance that the U.S 
government has been rendering to the police force. A 
lot is still desired from the police administration. 
The remaining Agencies (NDLEA, ICPC & EFCC) have shown 
that they are committed to their work and there are 
indicators that they are now effective on the ground. 
The progress so far made by them is capable of being 
sustained with minimum guidance. The political will to 
prevent corruption and tackle drug trafficking is 
apparent and this has enabled the agencies to perform 
their duties with ease. 
 
BROWNE