US embassy cable - 03ABUJA856

C O N F I D E N T I A L SECTION 01 OF 04 ABUJA 000856 
 
SIPDIS 
 
 
DEPARTMENT FOR INL/AAE - FLOOD; AF/W FOR CUNDIFF 
LAGOS FOR DEA 
 
 
E.O. 12958:  N/A 
TAGS: SNAR, KCRM, ASEC, NI 
SUBJECT:  NIGERIA: INL NARCOTICS CERTIFICATION 
DEMARCHE 
 
 
REF:  STATE 94517 
 
 
1. (C) Ambassador and RNLEO delivered the non-paper on 
narcotics and law enforcement certification to the 
Minister of Justice Kanu Agabi on May 5. The 
Ambassador methodically addressed each area of 
cooperation and the benchmarks that will guide next 
year's certification determination. In the area of 
major trafficking, the importance of fully funding the 
NDLEA and the Joint Task Force (JTF) so that they can 
be more active in identifying and pursuing major 
Nigerian-based drug traffickers was stressed. 
Ambassador Jeter emphasized that the lack of progress 
in this area was a disappointment that caused concern 
within the USG. 
 
 
2. (C) Minister Agabi responded positively to these 
points.  Agabi stated that the NDLEA was not 
adequately funded and that he had formally written the 
President requesting that this deficiency be 
corrected.  According to the Minister, the President 
directed the Minister of Finance to augment the NDLEA 
budget; however, to date, no additional funding has 
been forthcoming.  On interdiction, the Ambassador 
pointed out that adequate funding was crucial to stop 
illegal substances and miscreant passengers, 
especially in light of the World Airways direct 
flights from Lagos to the U.S. scheduled to start 
later this month.  The MOJ signaled agreement, 
asserting that he would repeat his NDLEA funding 
request to the President. 
 
 
3. (C) Regarding extradition, Jeter thanked Agabi for 
his personal involvement in the case of Gabriel Umoh 
and requested a status report on the case of Daniel 
Oruhiu.  The Minister directed his staff to get an 
update on Oruhiu from the prosecuting attorney to pass 
to the Embassy.  Ambassador and RNLEO expressed 
concern over the numerous delaying tactics employed by 
the defense and emphasized the importance of 
completing the case.  Ambassador reminded the MOJ of 
our long-standing suggestion for a special panel to 
hear extradition cases.  The MOJ stated that, 
"extradition cases could be handled by one judge, if 
he were properly compensated." He further stated that 
Chief Justice Uwais is amenable to appointing a 
specific judge to hear extradition cases.  Agabi 
promised to discuss appointment of a special 
extradition judge with the Chief Justice. 
 
 
4. (C) On money-laundering, Jeter reminded the MOJ 
that Nigeria still had, "things to do" to meet the 
FATF requirements.  The MOJ agreed, stating the 
Economic and Financial Crimes Commission (EFCC) 
established by legislation in December 2002 was still 
not operative.  Agabi sent a letter to the President 
requesting the necessary funding for the EFCC.  This 
funding issue is also resident in the in-box of the 
Minister of Finance. 
 
 
5. (C) On corruption, we emphasized the need for 
honest, effective law enforcement and scrutiny of 
public officials.  In that regard, the ICPC remained a 
concern.  Ambassador asked for an update on the status 
of the attempt to amend the anti-corruption 
legislation.  The MOJ replied, "the National Assembly 
enacted the legislation, which took away the power of 
the ICPC to prosecute", and sent the diluted 
legislation to the President for signature.  The 
President returned the unsatisfactory amendment to the 
National Assembly contending that the change was 
unconstitutional.  Given the President's refusal to 
bend to the National Assembly on this issue, Minister 
Agabi stated that the Anti-Corruption Act of 2000 was 
still in effect; he did not believe that there would 
be other serious attempts at amending the Act. 
 
 
6. (C) Agabi remarked that the Chairman of the ICPC 
should be a "young and reckless" person who was not 
afraid to challenge major political figures and who, 
because of youth, had not been tainted by the system. 
After acknowledging that the USG/GON dialogue on 
demand reduction had been limited, we outlined the 
need for continued cooperation on this as well as the 
benefits of controlled delivery operations for 
Nigeria.  Jeter explained that Nigeria would get 
credit for participation even if arrests were made in 
another country.  We assured the MOJ the USG was 
prepared to continue providing training and other 
technical and material support to the NDLEA, Nigerian 
Police and Nigerian Customs.  The Minister thanked the 
Ambassador and RNLEO for what the U.S. has done so far 
and assured us that he would inform the President of 
the benchmarks and would provide us the President's 
response. 
 
 
7. (U) RNLEO will make certification demarche to the 
NDLEA Chairman during an upcoming visit to Lagos. 
 
 
8. (U) The text of the non-paper is included below. 
 
 
Narcotics and Law Enforcement Certification-2004 
(Nigeria) 
 
 
Overview 
 
 
-- In order to ensure that we have a clear and 
constructive dialogue with your government on 
narcotics cooperation, we are providing information on 
the areas of performance that will be the primary 
focus of U.S. Government (USG) analysis in making next 
year's certification determination. These performance 
objectives are based on the l988 UN Convention.  We 
urge the Government of Nigeria (GON) to meet the 
objectives set out in the l988 Convention. 
 
 
--The USG, in making its decision on whether to 
certify Nigeria as fully cooperating with the United 
States to achieve full compliance with the goals and 
objectives of the l988 UN Convention will look for 
concrete measurable actions in the following areas. 
 
 
A.  Major Traffickers 
 
 
We look forward to increased Government of Nigeria 
(GON) cooperation in dismantling Nigeria-based drug 
trafficking networks, prosecuting those involved, and 
instituting a cooperative liaison relationship so 
networks will not reappear once they have been 
dismantled. 
 
 
The benchmarks for cooperation against major 
traffickers include increased effectiveness of the 
Nigerian National Drug Law Enforcement Agency (NDLEA) 
and U.S. Drug Enforcement Administration (DEA) 
supported Joint Task Force, and, importantly, the 
investigation and arrest of least a major Nigerian- 
based drug trafficker.  Lastly, we look to the GON to 
fund adequately the NDLEA at a level to support 
salaries and core operations as an indication of the 
GON's commitment to support drug enforcement efforts. 
 
 
B.  Extradition 
 
 
Under article 6 of the l988 UN Convention, Nigeria is 
obligated to endeavor to expedite extradition 
procedures and simplify evidentiary requirements 
relating thereto in respect of offences covered by the 
Convention. GON needs to continue to make progress 
towards establishing a reliable system that will allow 
extradition requests to be heard expeditiously and 
fairly, respecting due process rights of the 
individuals involved without becoming bogged down by 
delaying tactics. 
 
 
In 2002, the GON began to strengthen its extradition 
process.  GON Attorney General and Minister of Justice 
Kanu Agabi continued to strengthen the extradition 
request process, and oversaw the extradition request 
of Mr. Gabriel Umoh, the first successful extradition 
case. 
 
 
The benchmark for article 6 will be for the GON to 
continue to strengthen its extradition practice and 
procedures, and make progress in resolving pending 
cases.  We understand that the extradition proceeding 
of Mr. Daniel Oruhiu is underway, and we look forward 
to an efficient judicial process. 
 
 
C.  Interdiction 
 
 
We note the GON's National Drug Law Enforcement 
Agency's (NDLEA) ongoing efforts to apprehend drug 
couriers transiting Nigeria.  These efforts must be 
stepped up if Nigeria is to be seen as cooperating 
with the United States to implement articles 15, 17, 
and 19 of the 1988 UN Convention.  The NDLEA must 
exercise its authority at key air and seaports to 
interdict illegal narcotics transiting the country. 
 
 
The benchmark for cooperation in the area of drug 
interdiction is that the GON must demonstrate that 
they have successfully seized at least one significant 
illicit drug shipment of heroin or cocaine.  INL's 
Regional Narcotics Law Enforcement Officer (RNLEO) and 
U. S. DEA Attache must confirm whether the amount of 
illegal drugs seized is significant. 
 
 
In particular, the NDLEA shall continue its efforts at 
the airport in Lagos to ensure that any direct flights 
to the United States from Lagos do not become major 
conduits for drug trafficking.  Further, the NDLEA 
must increase its efforts to utilize the INL-donated 
drug detectors (Itemizers) at its airports.  Also, the 
GON should establish a plan to exercise greater 
control over mail and commercial delivery services. 
 
 
D.  Money Laundering 
 
 
In June 2001, the Financial Action Task Force (FATF) 
added Nigeria to its list of Non-Cooperating Country 
or Territory (NCCT) in combating money laundering. In 
June 2002, FATF stated that it would consider 
recommending countermeasures against Nigeria at its 
October 2002 plenary if Nigeria did not engage the 
FATF Africa Middle East Review Group (AMERG) and move 
quickly to enact legislative reforms that addressed 
FATF concerns.  In October 2002, FATF decided to 
impose countermeasures on Nigeria beginning December 
15, 2002, unless the GON took immediate steps to 
remedy deficiencies previously identified by the FATF. 
However, FATF countermeasures were avoided when the 
GON, on December 14, 2002, enacted three pieces of 
significant anti-money laundering legislation which 
expanded the money laundering predicates to all 
crimes, establishing a currency transaction reporting 
requirement, expanded the types of financial 
institutions covered by anti-money laundering 
measures, and created the Financial Crimes Commission 
(FCC), a financial intelligence unit. 
 
 
Despite these important reforms, the GON must continue 
to effectively cooperate with the FATF's AMERG to 
ensure that any remaining cited deficiencies are 
corrected and the newly enacted reforms are 
meaningfully enforced and implemented.  The GON must 
support fully the FCC and ensure that it is adequately 
staffed and funded, and its staff adequately trained. 
Further, asset forfeiture laws must also be enforced 
and utilized to fight criminal activity. 
 
 
Further, the GON must continue its cooperation with 
U.S. law enforcement agencies to disrupt syndicates 
perpetrating financial fraud, particularly those 
groups involved in advance-fee (419) fraud targeting 
U.S. citizens. 
 
 
E.  Corruption 
 
 
The GON must take meaningful actions to improve the 
efficiency and credibility of the criminal justice 
system, including law enforcement agencies and the 
judiciary.  The GON should continue to battle 
corruption in law enforcement at all ranks by 
investigating, disciplining, dismissing, and, in 
appropriate cases, prosecuting corrupt officials. 
 
 
The Independent and Corrupt Practices and Other 
Offenses Commission (ICPC) was established in late 
2000, and in late 2001, hired its initial dedicated 
staff (investigators, prosecutors, and 
administrators).  Although the ICPC is relatively new, 
the ICPC has demonstrated modest success through its 
prosecutions of officials, including Local Area 
Chairmen and a High Court Judge.  In a democracy, it 
is imperative to have an independent, transparent 
institution, such as the ICPC, that can investigate 
allegations of public corruption. 
 
 
As a measure of cooperation, the GON must investigate 
all credible petitions alleging corruption by federal, 
state, and local government officials.  Furthermore, 
the NDLEA and NPF must also properly staff and fund 
special offices of professional responsibility to 
investigate misconduct. 
 
 
F.  Demand reduction 
 
 
Nigeria's national drug control policy calls for 
efforts to involve non-governmental organizations, 
corporate, philanthropic, and service organizations in 
efforts against drug abuse, especially in the areas of 
prevention, intervention, treatment, rehabilitation, 
and social reintegration.  The GON should provide 
adequate funds and personnel to implement its drug 
control policy plan.  We would welcome information on 
specific actions that have been taken to implement the 
plan and meet the goals of article 14 of the 1988 
Convention. 
 
 
G. Controlled delivery 
 
 
Controlled delivery operations as called for in 
article 11 of the 1988 Convention, whether in 
conjunction with the United States or other countries, 
are encouraged and will be considered by the President 
when making his decision on certification.  Narcotics 
that pass through Nigeria on a controlled delivery 
operation will be counted toward Nigeria's 
interdiction statistics, even if seized in another 
country. 
 
 
H.  International co-operation and assistance for 
transit states 
 
 
The United States will continue to meet the goal 
established in article 11 of the l988 Convention by 
providing training courses and material assistance to 
the NDLEA, Nigerian police, and Nigerian customs. 
 
 
JETER