NIGERIA: NARCOTICS AND LAW ENFORCEMENT DEMARCHE

C O N F I D E N T I A L SECTION 01 OF 03 ABUJA 002276

SIPDIS


DEPT FOR INL AND AF
.
DOJ FOR OIA, OPDAT AND ICITAP
.
DEA FOR OFE


E.O. 12958: DECL: 08/01/2017
TAGS: SNAR KCRM PREL PGOV NI
SUBJECT: NIGERIA: NARCOTICS AND LAW ENFORCEMENT DEMARCHE
DELIVERED

REF: STATE 124582


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


1.(C) Summary: The Ambassador's recent delivery of the
annual narcotics certification benchmarks to Attorney General
Kanu Agabi led to an expanded discussion of broader law
enforcement issues. Agabi asked for USG understanding of the
GON's current budget woes, for which he blamed the lack of
adequate NDLEA funding, but pledged closer cooperation in
addressing the myriad narcotics, crime and policing concerns
shared by both countries. Noteworthy was his pledge to work
closely with the High Court Chief Judge to ensure USG
extradition cases are assigned to the most capable and honest
judges and prosecutors. End Summary.


2.(C) On July 12 Ambassador Jeter met with the Attorney
General in his Ministry of Justice office to deliver the
annual narcotics certification demarche (reftel). RNLEO
accompanied. The Attorney General expressed appreciation for
the Embassy's patience and persistence in seeking GON
approval of the Bilateral Law Enforcement Assistance
Agreement recently signed on July 2. Explaining the issue of
Police resistance to placing a USDOJ ICITAP police advisor in
Nigerian Police Force headquarters, Agabi bluntly stated,
"they don't want the US to see the crimes they commit there."


3.(C) After explaining the background and timetable of the
certification process, as well as its ramifications for
bilateral and multilateral assistance, the Ambassador walked
the AG through the eight benchmark categories set out for
Nigeria.


4.(C) The Attorney General listened attentively to the
various points and desired accomplishments for the year. In
response to USG concerns that the NDLEA receive adequate
funding as the sole anti-drug agency in Nigeria, Agabi
described the budget crisis afflicting most government
agencies, including the NDLEA. He pledged to argue the
NDLEA's budgetary needs with President Obasanjo and
encouraged the Ambassador to do the same.


Extradition
--------------


5.(C) Ambassador Jeter praised the AG for his robust
cooperation on the first successful extradition to the U.S.
in many years. He asked Agabi if this was the result of an
improved extradition process, to which the AG answered
indirectly that he had personally supervised the extradition
case. Stating that "we at the Ministry promise to do our
best," Agabi cautioned that he could not control Nigeria's
independent judiciary, which he characterized as riddled with
corruption. Expressing extreme frustration in attempting to
get judicial officials to deliver efficient and sound
judgements in extradition cases, he unguardedly mused that
perhaps he needed to "bribe judges to do the right thing," if
this became necessary.


6.(C) Agabi pledged to personally oversee all future USG
extradition requests. The Attorney General said he would
consult with the Chief Judge of the Federal High Court,
Rosaline Ukeje, to have a "good" judge such as the one who
presided over the Umoh hearing, selected for extradition
cases. Bringing into the meeting Ministry prosecutor Obi
Agusioba, who argued the government's case for Gabriel Umoh's
extradition, Agabi stated he would put this prosecutor on the
next case and would monitor its progress closely. (Note:
The AG on July 29 signed the order for the High Court to
begin extradition proceedings in the case of Daniel Orhiunu.
A judge for the case has yet to be named. End Note)


Legislative Largess
--------------


7.(C) When pressed on the apparent inactivity on passage of
the draft Financial Crimes Commission Act, introduced to the
National Assembly in January, the AG decried the corruption
among national legislators. He recalled his first term as
Attorney General under President Obasanjo when he lobbied the
Assembly for passage of the Anti-Corruption Bill (which
established the Anti-Corruption Commission). An unnamed
Committee Chairman requested a large sum of money to pass the
legislation. A more recent example of legislative corruption
was the federal government's attempt to pass a resource
control bill, for which a group of legislators demanded $5
million.


Abacha Loot -- the Deal
--------------


8.(C) The Ambassador asked Agabi about the deal between the
Obasanjo government and the Abacha family. The AG confirmed
recent discussions with the family's lawyers led to an
agreement that the Abachas would return $1.2 billion in
looted funds in return for amnesty from further assets
investigations. The AG noted that no funds have yet been
returned to the federal government accounts but this should
be accomplished in the next two to three months. Pointing to
the July 11 Supreme Court ruling releasing Muhammed Abacha
(son of the late dictator) of any charges in the murder of
Kundirat Abiola (wife of the putative winner of the annulled
1993 elections),Agabi stated the ruling was part of the
deal, "though you won't find that in the formal written
agreement." The AG further stated that, despite the Supreme
Court's ruling in favor of Mohammed, the dictator's son would
remain in jail on fraud charges until "the money is
returned." (Comment: The AG seemed to acknowledge implicitly
that the judiciary is being manipulated to make the deal
work. Mohammed Abacha remains in jail three weeks after the
Supreme Court ruling, although the justification for holding
him is not clear. End Comment.)


9.(C) The Ambassador noted that the FBI has been assisting
the GON in its quest to investigate and retrieve
misappropriated funds in the U.S. and asked if the deal
struck with the Abachas meant the assistance was no longer
needed. The Attorney General stated that the "hunt will
continue" despite the deal with the Abachas.


Demarche Delivery to NDLEA
--------------


10.(C) On July 22, Ambassador Jeter delivered the
certification benchmarks demarche to NDLEA Chairman Bello
Lafiaji. Lafiaji appeared defensive on the expressions of
concern over limited NDLEA efforts in drug interdiction and
investigations of major drug traffickers. He bemoaned the
lack of Federal funding for his agency, blaming severe
financial constraints for the NDLEA's inability to perform
better.


11.(C) He asked the Ambassador to lobby President Obasanjo
for increased funding while at the same time requesting
additional INL assistance for NDLEA commodities, particularly
five new vehicles to support the Joint Task Force that works
with DEA. The Ambassador noted that INL assistance has been
substantial (over $500,000 in the past 12 months) and will
continue, though funding for FY01 and FY02 have already been
earmarked for specific commodities for the NDLEA. He
pledged, however, to raise the NDLEA's budgetary needs with
the President at the next available opportunity.


12.(C) On the issue of money laundering and the need to
address the FATF's concerns, Lafiaji put the blame at the
doorstep of the Finance Ministry, which manages the Central
Bank of Nigeria (CBN). The NDLEA chief suggested the
Ambassador bring CBN officials together with the Attorney
General, the Police and himself to discuss how to improve
anti-money laundering performance. Ambassador Jeter
responded that we hope to host an informal law enforcement
roundtable at the Embassy in the coming weeks, to include the
Attorney General, senior Police Officials, the NDLEA Chairman
and others. Though the main theme for these discussions will
be the new forms of "419" advance-fee fraud, we could easily
discuss the FATF concerns on money laundering controls and
invite senior CBN officials.


13.(C) Comment: Noticeable progress has been made in the
areas of drug interdiction, extradition, and fighting 419
fraud, though clearly much more needs to be done. Money
laundering and major drug investigations seem to be the areas
of least achievement for Nigerian law enforcement efforts.


14.(C) The ineffectual National Assembly is the major
obstacle to the promulgation of new legislation to confront
money laundering. The June 21 FATF report on Non-Cooperating
Countries and Territories, which noted a complete lack of
progress on Nigeria's part, appears to have caught the
attention of many including the President and we will use the
FATF's warning of impending "counter-measures," to be imposed
on October 31 absent any discernable progress, to prod the
GON to move decisively on the necessary legislation and
bureaucratic structure. The Ambassador will also urge
President Obasanjo to give the NDLEA more than the modest 157
million naira (approximately $1.1 million) allotted to the
agency so far this fiscal year.
JETER