C O N F I D E N T I A L SECTION 01 OF 03 ABUJA 002074

SIPDIS


DEPT FOR INL AND AF
DEA HQS FOR OFE
LAGOS FOR USSS


E.O. 12958: DECL: 08/13/2011
TAGS: KCRM NI PGOV SNAR
SUBJECT: THE BLOOM IS OFF THE ROSE: NIGERIA'S DRUG
CERTIFICATION AT MID-YEAR

REF: ABUJA 1547


1.(U) Classified by Ambassador Howard F. Jeter. Reasons 1.5
(b) and (d).




2.(C) Summary: The March 1, 2001 drug certification of
Nigeria appears to have had the unintended consequence of
lulling top Nigerian law enforcement officials into a
counter-narcotics complacency. Unless the NDLEA's
operational efforts are revitalized quickly by its current
Chairman and funded more generously by a reluctant federal
government, Nigeria will have to struggle to meet established
requirements by year,s end. End Summary.




3.(C) Five months after Nigeria received its first narcotics
certification in seven years, top GON policy-makers appear
lethargic in their moves to implement more aggressive drug
enforcement efforts to ensure renewed certification in 2002.
The false belief that certification has been obtained
indefinitely appears pervasive. President Obasanjo's
surprise to learn that certification is an annual process,
after recently being told of the impending USG review by the
Ambassador (reftel), is indicative of this false confidence.
The NDLEA Chairman is acutely aware of the need for progress,
however, and has written to Obasanjo to make that point.




4.(C) Meanwhile, the country's sole drug enforcement agency,
the NDLEA, has produced unimpressive results. So far this
year, no major traffickers have been investigated, arrested
or prosecuted. Seizures of hard drugs are less significant
than in the past few years. Money laundering remains largely
unchecked as highlighted by the FATF's June 2001 declaration
of Nigeria as a "non-cooperating" country in international
efforts to fight money laundering. The NDLEA's "Joint Task
Force" set up to cooperate with DEA on major drug cases is
moribund. Nigeria's largest ports -- Lagos' Apapa and Tin Can
Island -- remain off limits to the NDLEA.




5.(C) The NDLEA would prefer to cast Nigeria's drug
trafficking situation as improving, with traffickers moving
to off-shore bases and increasingly avoiding Nigeria as a
transit area. This theory is often espoused by the NDLEA
Chairma

n and the Attorney General and rationalizes the
limited drug enforcement gains made in Nigeria so far this
year. Reality as depicted by information available to DEA
and others, however, is far less sanguine. Large quantities
of heroin and cocaine, often in loads over 100 kilograms,
continue to enter Nigeria from Southwest and Southeast Asia
and Latin America before being parceled out in smaller
quantities for delivery to US and European markets.
Continued arrests of Nigerian drug couriers made around the
world provides confirmation that many drug rings remained
centered or tied to Nigeria, though it is true that some may
now operate largely in other countries.




Extradition - The Forgotten Issue
--------------




6.(C) With the sensational November 2000 rendition to U.S.
justice of four fugitives, including two drug traffickers on
the U.S. President's List of Major Drug Kingpins, the
perceived need to cooperate with the USG on the requested
extradition of 18 other fugitives appears to have waned.
Some senior GON officials may have perceived the USG's
reluctance to accept additional extrajudicial renditions as a
sign of flagging US emphasis on extraditions. The emphasis
we have placed on the long-term building of an efficient
extradition mechanism respectful of due process could have
been misinterpreted as a sign of diminished USG interest in
seeing fugitives turned over for U.S. prosecution. Though
pledges are plenty from the Attorney General on making this
goal a reality, there has been no discernible movement
towards selecting prosecutors for a dedicated MOJ
"extradition unit" or a judge to hear extradition cases
exclusively. Similarly, there has been no move to initiate
new proceedings against the several fugitives subject to
outstanding USG extradition requests.




Airport Interdiction - The One Bright Spot
--------------


7.(C) The silver lining to NDLEA's otherwise lackluster
performance is the dramatically improved drug interdiction
posture at Lagos' Murtala Muhammed International Airport
(MMIA). Armed with two "Itemiser" drug detection scanners
donated by INL in February as well as an existing body X-ray
machine (to detect drug couriers carrying narcotics
internally) the 50-man NDLEA team at MMIA is presenting a
strong deterrent to trafficking through West Africa's busiest
airport. The South African Airways/Nigeria Airways non-stop
flight from Lagos to New York is virtually drug-free, with
only one confirmed drug seizure at New York/JFK since the
flight started in February -- thanks to the 100 percent
screening of passengers and baggage of the NDLEA airport
unit. This is no small accomplishment, especially
considering the frequency of drug arrests made when Nigeria
Airways operated a New York/JFK non-stop flight in the early
1990's.




8.(C) Using INL funds, Post hopes to further strengthen the
NDLEA airport unit by providing two more "Itemisers," a
vehicle and VHF radios (the unit currently has none). The
Ambassador has weighed in with the Minister of Aviation to
obtained a higher ceiling on the number of NDLEA personnel
authorized to work at the Lagos airport - crucial to the
adequate screening on the New York and other international
flights. Additional assistance will aim to improve the
NDLEA's interdiction efforts at the Lagos seaports )
contingent on the NDLEA gaining access to these ports through
a legislative amendment - and invigorate investigations
against major traffickers in collaboration with DEA. DEA
believes that more assistance from our side ) assistance
that has already been discussed -- could further improve
Nigeria's performance.





9. (C) Comment: The USG must continue to push the Nigerians
to fully fund the NDLEA while fulfilling our own promises to
help the GON increase narcotics enforcement effectiveness.
The DEA Lagos office remains understaffed, making joint
operations difficult to conduct. Furthermore, we continue to
seek Congressional approval for the vetted unit that we
promised the Nigerians, a key component to successful
enforcement. We have not yet fulfilled our own base-line
commitment




Greater NDLEA Funding ) The Bottom Line
-------------- --------------




10.(C) Of course, the GON must also support NDLEA more
substantially. The Ambassador personally lobbied President
Obsanjo for a reinstatement of the Nigerian FY01
Supplementary Budget allocation for the NDLEA after receiving
reports that an original 2.2 billion Naira figure had been
whittled down to 250 million (USD 2.2 million) by the
Presidency. As reported in Reftel, Obasanjo pledged to
double the amount, to 500 million, which would be the largest
budget ever received by the NDLEA. (Note: Chairman Lafiaji
and his National Assembly supporters have confided the
initial 2.2 billion Naira request was far more than they had
hoped to received and more than the NDLEA needed. End Note.)
To date, the funding has not been delivered and the NDLEA
appears to be living "hand-to-mouth" with its Chairman taking
out personal loans to make sure his men have adequate housing
and benefits. (Comment: Most GON entities are not receiving
allocations on time as the GON tries to stem inflation and
currency devaluation by holding back disbursements to
agencies. End Comment.)




Comment
--------------




11.(C) Last year the emphasis for certification was on
extradition or rendition of fugitives from U.S. Justice. We
believe the emphasis this year should be on adequate funding
for the NDLEA, to allow it to fulfill Nigeria,s obligations
under the 1988 UN Convention and to meet the USG's
certification benchmarks. We should hold the Presidency
responsible for funding Nigeria's drug control effort as a
sign of the GON's commitment to sustain a robust
counter-narcotics effort.



12. Our pushing the Nigerians to fully fund the NDLEA should
be accompanied by vigorous, targeted efforts to help the GON
increase NDLEA,s effectiveness. DEA,s Lagos office remains
understaffed, making joint operations difficult to conduct.
Furthermore, we continue to seek Congressional approval for
the vetted unit that we promised the Nigerians, a key
component to successful enforcement.



13. (C) Nigeria remains a major international drug
trafficking hub with an anemic threat of arrest and
prosecution for traffickers. The NDLEA, lacking the
budgetary backing it needs from the GON, has not yet been
able to pass the test of persuasive performance. The proposed
visit to Abuja of a USG law enforcement delegation and the
first meeting of the Bilateral Law Enforcement Committee will
afford us a good opportunity to underscore the need for
improvement, in particular for the GON to fully fund NDLEA
requirements. We propose that the bilateral take place in
early to-mid-November to allow the GON time to pursue the
certification agenda.



14. (C) In the interim, the Embassy will push the GON to
take necessary steps, but we must simultaneously redeem our
own pledges.
Jeter