NIGERIA: INL NARCOTICS CERTIFICATION

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