NIGERIA: 2002 NARCOTICS CERTIFICATION REPORT CARD

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