US embassy cable - 02ABUJA2865

UNCLAS SECTION 01 OF 02 ABUJA 002865 
 
SIPDIS 
 
 
SENSITIVE 
 
 
FOR INL/AAE-PRAHAR/FLOOD 
 
 
E.O. 12958: N/A 
TAGS: SNAR, NI 
SUBJECT:  NIGERIA: 2002 NARCOTICS CERTIFICATION REPORT CARD 
 
 
REF:  A) 02 STATE 190339 
      B) 02 STATE 124582 
      C) 01 ABUJA 2983 
 
 
1.(U) This responds to Ref A's request for a certification 
report card showing the Government of Nigeria's (GON's) 
achievements in meeting the certification benchmarks 
contained in Ref B. 
 
 
A. Major Traffickers 
 
 
2.(SBU) The USG urged the GON to have the NDLEA Joint Task 
Force (with DEA) focus more effectively on dismantling 
Nigeria-based drug trafficking networks that affect the 
United States.  The GON was asked to produce at least one 
arrest and prosecution of a major drug trafficker. 
 
 
-- Under the leadership of a skilled and energetic new 
director, the performance of the Joint Task Force (JTF) has 
improved.  However, the JTF has not yet arrested a major 
drug trafficker.  In working closely with the DEA Lagos 
office, it has made significant progress in investigating 
four kingpins whose trafficking operations affect the 
United States.  DEA reports that the cooperation with the 
JTF's NDLEA staff is excellent.  A major arrest is 
anticipated soon, according to the DEA. 
 
 
-- Despite severe budgetary constraints (largely the result 
of the National Assembly's failure to approve a federal 
budget in FY02), President Obasanjo on October 15 ordered 
the payment of increased federal funds to the NDLEA - 115 
million naira (roughly USD 1 million) in capital 
expenditures and an estimated 75 million naira (roughly USD 
650,000) in additional recurring operational funds.  This 
is a strong and tangible sign of the Executive's commitment 
to drug enforcement efforts, especially in today's cash- 
strapped GON budgetary environment. 
 
 
B. Extradition 
 
 
3.(SBU) The USG asked the GON to strengthen its extradition 
practice and procedures, including its extradition unit 
within the Ministry of Justice. 
 
 
-- In August 2002 the GON successfully extradited Gabriel 
Umoh, a dual-national convicted in Northern California for 
financial fraud.  An additional extradition case is now 
before the High Court of Lagos and a third case is close to 
being filed in court. 
 
 
C. Interdiction 
 
 
4.(SBU) The USG asked the GON to intensify efforts at the 
Lagos airport to ensure direct flights to the United States 
do not become major drug trafficking conduits.  The GON was 
also asked to extend greater control over mail and 
commercial delivery services and to improve use and 
maintenance of INL-furnished "Itemiser" drug detection 
scanners at Lagos' Murtala Muhammed International Airport. 
 
 
-- The NDLEA unit at Lagos' Murtala Muhammed International 
Airport (MMIA) continues to conduct 100 percent searches of 
passengers and carry-on baggage boarding direct flights to 
the U.S., as well as random searches of checked baggage for 
flights to Europe and the U.S.  Country-wide year-to-date 
(as of September) seizures of cocaine and heroin are 73.38 
kg and 16.96 kg, respectively. (Note: Over 60 percent of 
the cocaine seizures and 95 percent of heroin seizures were 
made by the NDLEA unit at Lagos' airport. End Note) Over 
220 metric tons of cannabis have been seized in the last 
nine months.  2,004 persons have been arrested for drug 
trafficking crimes, mostly for cannabis trafficking 
offenses.  The RNLEO has discussed concerns over the 
apparently under-use of the Itemisers with the NDLEA 
Chairman and the NDLEA Zonal Commander at MMIA.  Both 
officials have pledged to improve operational use of the 
machines, and their pledge will be reinforced by new 
traiing INL will provide in the coming weeks. 
 
 
D. Money Laundering and Asset Forfeiture 
 
 
5.(SBU) The USG requested the GON to take necessary steps 
to bring Nigeria into compliance with FATF recommendations, 
specifically through the enactment of new anti-money 
laundering legislation.  The USG also asked that the GON to 
consider expanding its provisions for asset forfeiture, for 
limited use by the Anti-Corruption Commission, NDLEA and 
Police CID. 
 
 
-- Nigeria was designated a "non-cooperating country or 
territory (NCCT)" by the FATF for the second consecutive 
year in June 2002.  On October 11, 2002 the FATF decided to 
impose "counter-measures" against Nigeria, effective 
December 15, 2002, unless the GON passes necessary changes 
to Nigeria's 1995 Money Laundering Act by that date.  The 
President's office has pledged to work with the National 
Assembly to make the needed legislative amendments by the 
December 15 deadline.  There are early indications that the 
Nigerian legislature also will cooperate. 
-- The 2000 Anti-Corruption Law has provisions for the 
forfeiture of assets derived from corruption.  The draft 
Economic and Financial Crimes Commission Act has similar 
provisions applicable against the laundering of proceeds of 
any criminal felony. 
E. Corruption 
 
 
6.(SBU) As a measure of the GON's resolve to tackle 
corruption, the USG asked the GON to fund and staff 
adequately the two year-old Independent Corrupt Practices 
and Other Related Offences Commission (ICPC). 
Additionally, the ICPC should prosecute at least three 
high-level officials on corruption charges. 
 
 
-- In early 2002, the ICPC received budget allocations 
necessary to fund and train (with some INL assistance) over 
100 new staff members.  In September 2002, verdicts were 
delivered in the first three ICPC cases prosecuted.  These 
involved two Local Government Area (LGA) Chairmen and a 
High Court judge -- all considered senior officials. 
Additional court cases will be concluded in the near 
future.  The ICPC has over 100 cases pending against 
officials at the local, state, and national levels.  ICPC 
staff recently indicated that several Ministers and 
Governors are under serious investigation. 
 
 
F. Demand Reduction 
 
 
7.(SBU) The USG asked the GON to provide adequate funding 
and personnel to implement the demand reduction component 
of Nigeria's drug control policy plan. 
 
 
-- The NDLEA has an active demand reduction program, which 
provides awareness and education programs targeting primary 
and secondary schools and all elements of the mass media. 
 
 
G. Controlled Delivery 
 
 
8.(SBU) The USG asked the GON to cooperate with controlled 
deliveries, as called for in Article II of the 1988 UN 
Convention on Narcotics and Psychotropic Substances. 
 
 
-- The NDLEA Chairman has stated his commitment to 
cooperate fully with any proposed controlled delivery 
operations initiated by the DEA. 
 
 
JETER