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Cablegate: Nigeria: Fy2002 Law Enforcement Assistance Plan

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 06 ABUJA 000596

SIPDIS


SENSITIVE


DEPT FOR INL AND AF


DEA FOR OFE


E.O. 12958: N/A
TAGS: SNAR KCRM ASEC PGOV NI
SUBJECT: NIGERIA: FY2002 LAW ENFORCEMENT ASSISTANCE PLAN

REF: A) STATE 189082 B) 01 LAGOS 1042


SENSITIVE BUT UNCLASSIFIED -- PROTECT ACCORDINGLY.


1.(SBU) Introduction: The USG's law enforcement program in
Nigeria is dynamic and diverse, covering eight major areas:
counter-narcotics; fighting financial fraud, particularly
"419" advance-free fraud; immigration crimes; police
modernization; anti-corruption; extradition, trafficking in
persons, and money laundering. Reflecting these priorities
outlined in the Mission's Performance Plan (MPP) are the
resources found in the presence at the Mission of DEA, FBI,
USSS, DSS, DSS Anti-Fraud Unit, INL and, soon to be added,
DOJ's ICITAP. The INL program which began in earnest in
February 2001 with the opening of the Regional Narcotics
and Law Enforcement Office (RNLEO), provides funding for
training and assistance projects to the Nigerian Government
in collaboration with these USG law enforcement agencies.
Per Ref A's guidance, law enforcement projects proposed tie
together training, technical assistance and the provision
of some equipment and material.


2.(U) Regional Note: Most of the USG law enforcement
agencies' offices resident in the Mission have regional
coverage, of varying scope and size. While this LE
assistance plan is for Nigeria, consideration for regional
needs is addressed as much as possible, especially in the
area of training, to foster greater cooperation within the
West African sub-region. Efforts will be made in
particular to engage ECOWAS on a number of law enforcement
and security issues such as Trafficking in Persons,
Counter-Narcotics, and addressing the proliferation of
small arms.


The Framework: Bilateral Law Enforcement Committee
--------------------------------------------- ------


3.(U) Advancement of USG law enforcement goals in Nigeria
is accomplished through the U.S.-Nigeria Law Enforcement
Committee, which met for the first time on November 9, 2001
in Washington D.C.. The eight priority law enforcement
areas identified in paragraph one are built into the agenda
of this forum. In a Joint Declaration signed at the
conclusion of the Committee's first meeting, the GON agreed
to take the following five steps by May 2002 (the next
meeting of the Committee):


-- introduce and seek to pass legislation to revise the
1995 Money Laundering Act and create a financial
intelligence unit to improve the fight against money
laundering in line with FATF criteria;


-- commence an investigation of at least one major Nigeria-
based drug trafficker with the DEA;


-- introduce and seek to pass legislation allowing for the
civil forfeiture of assets derived from proceeds of
organized crime and drug trafficking;


-- commence extradition proceedings of individuals wanted
for prosecution by the U.S. Government; and


-- give the Independent Corrupt Practices and Related
Offenses Commission (ICPC) all necessary resources to
launch criminal cases against high-level officials accused
of corruption.


4.(U) In return, the USG pledged to provide expanded
assistance and training to GON law enforcement agencies and
the Central Bank of Nigeria in the areas of counter-
narcotics, money laundering, financial fraud, police
reform, trafficking in persons, immigration crimes,
corruption and extradition. This includes:


-- assistance in the fields of information technology,
controlled drug deliveries, financial and assets
investigations, and criminal records management;


--collaboration with the NDLEA in the upgrading of the
NDLEA's training academy;


--activities to strengthen the capacity of law enforcement
agencies; and


-- efforts to increase international law enforcement
exchanges.


The Nigerian Players
------------------------
5.(U) Caveat: Lagos vs. Abuja. The bulk of operational law
enforcement units addressing organized crime remains in
Lagos, West Africa's largest urban center and the hub of
organized crime for the country. That said, a number of
senior law enforcement managers, formerly resident in
Lagos, have made the transition to Abuja, though some
maintain offices in Lagos and commute between the two
cities.


6.(SBU) The Attorney General's Office/Ministry of Justice.
The late Attorney General, Bola Ige, was the Mission's
primary counterpart for law enforcement policy issues and
we expect the new AG to follow in this role. All proposed
criminal laws are drafted by the AG's office (e.g. the new
revised Money Laundering Act and new Financial Crimes
Commission Act) and all extradition requests flow through
this office. Federal prosecutions are under the AG's
control, and the Solicitor General, Mrs. T.A. Osinuga,
handles this caseload. The new Attorney General will also
oversees the NDLEA, as did the late Attorney General.


7.(SBU) The National Drug Law Enforcement Agency (NDLEA).
Established in 1989, this is the Nigerian Government's sole
counter-narcotics agency. Staffed by over 3,500 constables
and officers, the NDLEA is spread over 28 zones, with a
particular emphasis on interdicting narcotics at air- and
sea ports and international land borders. It remains
headquartered in Lagos and its Chairman, Bello Lafiaji,
answers to the Attorney General in Abuja. The NDLEA is not
part of the Nigerian Police Force. This is DEA's sole
counter-part and its partner in a growing bilateral drug
enforcement and counter-narcotics assistance relationship.


8.(SBU) Nigerian Customs Service (NCS). Widely regarded as
the most corrupt of Nigeria's law enforcement agencies, the
NCS has as its official mandate the collection of
exorbitant duties from imports. Unlike other nations'
Customs Services, the NCS does not view drug interdiction
as part of its mandate. It is not a significant partner in
USG law enforcement cooperation and is not a recipient of
USG assistance.


9.(SBU) Nigerian Immigration Service (NIS). Responsible
for all emigration/immigration controls at major
international entry and exit points, the NIS has been
engaged by the DS Anti-Fraud Unit at Post in an attempt to
improve the interdiction of U.S.-bound illegal aliens and
to confiscate fraudulent USG identity and immigration
documents. NIS personnel have the power to detain and
arrest suspects but cannot arraign or prosecute (the Police
must be called in for criminal prosecution).


10.(SBU) Ministry of Justice/Department of Public
Prosecutions (DPP). Under the Attorney General and
Minister of Justice, the DPP is responsible for prosecuting
cases in the Federal High Court of Nigeria (though the vast
majority of criminal cases, involving minor offenses, are
prosecuted by police officers). The main USG interest in
working with this office is the development of a functional
extradition process to submit Nigerian fugitives from USG
justice to U.S. courts for trial. The DPP has only 20
prosecutors for this country of 120 million people.


11.(SBU) Special Assistant to the President for TIP and
Child Labor. This position, established in mid-2001, was
created to coordinate the GON's response to the
international TIP problem. The incumbent, Mike Mku, is
also attempting to coordinate foreign donors' assistance to
Nigeria for anti-trafficking projects.


12.(SBU) The National Security Advisor (NSA) to the
President. The NSA, retired LTG Aliyu Muhammed, serves as
the President's right-hand man on security and law
enforcement matters. While not usually involved in the
routine execution of law enforcement policy, he has taken
the lead on special high-priority issues such as money
laundering in the post-September 11 era. He acts on the
President's authority in ordering or coordinating law
enforcement actions or changes in policy.


13.(SBU) The Ministry for Police Affairs (MPA). This
Ministry was recreated by President Obasanjo to oversee the
management of the NPF after being eliminated at the outset
of the Abacha regime in 1994. It ostensibly controls the
NPF's budget and supervises the Inspector General of Police
(IGP). The last Minister for Police Affairs, however, did
not enjoy a cooperative relationship with the IGP, who
continues to use his direct channel to the President
liberally. As it serves largely as a policy shop, the
MPA's staff is small and is not set up to run programs.
The Mission interacts regularly with the MPA --
particularly with regard to the Police Reform cited below -
- but there are no projects directly specifically at the
Ministry.


14.(SBU) The State Security Services (SSS). This
intelligence and security agency is responsible for
safeguarding the country against foreign and domestic
terrorism and other national security threats. It has
sweeping powers and operates throughout the country,
answering only to the Office of the Presidency, through the
National Security Advisor. The Mission occasionally deals
with SSS on law enforcement matters such as terrorism
financing and particular criminal investigations.


The Nigerian Police Force (NPF)
-------------------------------


15.(SBU) The NPF is headed by the Inspector General of
Police (IGP), Musiliu Smith, who ostensibly reports to the
Minister for Police Affairs, but in practice has a direct
line to the President. Under the IGP's command are seven
Deputy Inspectors General (DIGs) -- the senior DIG and six
DIGs who oversee six Departments of the NPF --
Administration (Department A); Operations (Department B);
Logistics (Department C); Criminal Investigations
Department--CID (Department D); Training (Department E);
and Research and Planning (Department F).


16.(SBU) Operations (Department B). This department is the
largest in the NPF, managing the basic law-and-order
deployment of police units on the street and the Mobile
Police (MOPOL), the NPF's "elite" force to deal with
violent crime, dignitary protection, and crisis situations.
The U.S. Mission relies on this Department for the security
of USG personnel and facilities and protection of visiting
U.S. dignitaries. The U.S. business community also relies
on MOPOL for protection. MOPOL has its own training
facility -- separate from that of the main police force --
in Goza, near Maiduguri in the northeastern state of Borno.
Though no assistance is currently planned for MOPOL
personnel, the Mission hopes to include MOPOL in future
civil disorder management training.


17.(SBU) Criminal Investigations Department (Department D).
This is by far the most important Department in terms of
USG law enforcement interests. USG LEAs are in contact
with its sub-entities on a daily basis, as it includes:
the Special Fraud Unit (SFU) responsible for fighting "419"
advance-fee fraud; the INTERPOL liaison office responsible
for dealing with all foreign law enforcement liaison; the
Forensics Laboratory; and the Trafficking in Persons Task
Force. Currently, all four of these units reside in Lagos,
though the INTERPOL liaison office may soon move to Abuja.
Project proposals contained in this assistance plan affect
all four of these units.


18.(SBU) Training (Department E). The Training Department,
managed by DIG Baba Ahmadu, runs four basic recruit Police
Training Colleges (Ikeja/Lagos, Maiduguri, Enugu, and
Kaduna), five smaller schools for new constable recruits,
the Officer Training Academy in Kano, and a mid-level
officer training Staff College in Jos. The Police Reform
Program to begin in March 2002 is designed to foster broad
strategic reforms through the initial provision to this
Department of a small model training program for new
recruits in the four Police Colleges. Senior and mid-level
management training of NPF officers will also be provided
at both the Jos Staff College and the Kano Officer Academy.


19.(SBU) State Police units. Although the Nigerian
constitution does not allow for state or local police
forces, many governors have constituted de facto state
police units through the back door. This has been done by
governors' funding of particular groups of federal police
to provide enhanced security functions at the state level.
When funded largely or wholly by a State government these
police units become beholden to the state governor, though
still ostensibly a part of the federal police force. A
good example of this growing trend is the Rapid Response
Squad (RRS) in Lagos State -- a unit of 700 police set up
by Governor Bola Tinubu. Vehicles, fuel and daily stipends
are funded out of the Lagos State treasury. Similar units
have appeared in Rivers, Kaduna, and Oyo states. The
Mission has provided training and modest equipment to the
Lagos RRS to assist it in attacking violent organized crime
in the city.


------------------------------------------
Proposed Projects of INL's Nigeria Program
------------------------------------------


20.(U) The following breaks down the Mission's law
enforcement plan into projects addressing each of the eight
major law enforcement areas, along with specific projects
and training activities tied to each objective.


Counter-Narcotics
------------------


21.(SBU) During the past year, INL resources (FY99-
$150,000; FY00-$350,000) were used to provide the NDLEA
with new vehicles, repair existing vehicles in the NDLEA
fleet, provide communications equipment for key units
assigned to the Lagos air- and sea-ports, and drug
detection scanners to improve interdiction efforts at
airports in Lagos, Abuja and Kano. Additionally,
assistance planned from FY01 funds ($150,000) will assist
the NDLEA Academy in Jos with training-related equipment
and USG-provided training. A DEA course in basic drug
enforcement skills (DEA-01) funded in FY00 will be
implemented in mid-2002 to support the NDLEA Academy.
Similarly, a DEA course on Airport Interdiction (DEA-05)
will be implemented in mid-2002 to support NDLEA airport
units assisted by INL-provided equipment (a FY00 project).


22.(SBU) Targeting Major Traffickers. FY02: $200,000 for
telephone intercept equipment. The NDLEA has been assisted
with basic drug enforcement resources through previous INL
funding (vehicles, communications gear, drug detection
equipment). This new FY02 project will provide the NDLEA's
Joint Task Force's with cellular phone intercept equipment,
which will boost the Joint Task Force's ability to
investigate major drug traffickers in cooperation with DEA.
An offering of U.S. Customs course USCS-01 (Overseas
Enforcement Training Program--OET) is proposed for FY02
funding to improve the skills of the NDLEA investigators in
the Joint Task Force. RNLEO and DEA will monitor and
report on the use and effectiveness of the equipment and
training.


23.(SBU) Improving Interdiction Efforts. FY02: $50,000 for
a DEA Airport Interdiction Course. Continuing with
implementation of the INL-funded effort to improve the
NDLEA's interdiction efforts at the Lagos air- and sea -
ports, DEA will provide an additional offering of the
course - DEA-05 - on Airport Interdiction Skills. RNLEO
and DEA will continue to monitor, through scheduled visits
and surprise spot checks, the effectiveness of USG-assisted
NDLEA interdiction efforts at Murtala Muhammed
International Airport in Lagos.


Police Reform
-------------


25.(SBU) FY02: $1.1 million. Building on demonstration
projects begun in FY2002 with FY01 INL and ESF funds and
implemented by ICITAP, additional projects to: 1) improve
the NPF's forensic analytical capabilities ($300,000); 2)
strengthen the currently weak cooperation between police
investigators and state-level public prosecutors
($200,000); and 3) provide Civil Disorder Management and
specific conflict resolution training to special police
units (e.g. the Rapid Response Squad in Kaduna) in order to
improve the NPF's capacity to contain election-related
violence in key violence-prone urban areas (e.g. Kano,
Kaduna, Jos, Makurdi). Both activities are high priorities
designated by GON policy-makers. $150,000 in funding will
be used to provide equipment to CDM units trained.


26.(U) This funding will extend the ICITAP-implemented
Police assistance program to begin in March 2002. RNLEO
and ICITAP Project Manager (PM) will monitor progress and
effectiveness of this project and report regularly to INL.
A detail proposal will be sent to INL/AAE separately via e-
mail.


27.(SBU) FY02--$200,000 in related training. The Police
Reform Program will be complemented by FBI-provided
training in three specialized investigative courses and a
training-of-trainers (TOT) activity. The three
investigative courses are: 1) FBI-XX: Investigating Serious
Crimes (Homicide); 2) FBI-XX: Interview and Interrogation;
and 3) FBI-XX: Surveillance Techniques. The training-of-
trainers activity will be coordinated with the ICITAP
Police Reform Program Manager to best support ongoing
training assistance to police institutions. Each course
and the TOT activity is estimated to cost $50,000. RNLEO
and ICITAP Project Manager (PM) would monitor and report on
the effectiveness of this training.


Fighting "419" Advance-Fee Fraud
--------------------------------


28.(SBU) FY02: $100,000 for a technical assistance project
on asset forfeiture and $100,000 for related USSS training.
Building on FY00 provision of vehicles and equipment
($185,000) and FY01 advanced computer forensics training
($79,700) to the NPF's Special Fraud Unit and INTERPOL
office to enhance operations against 419 fraud operators in
the Lagos area, this project seeks to make those operations
more effective through the systematic seizure and ultimate
forfeiture of criminal assets of 419 organizations.
Working with the SFU, a USSS technical advisor will help
design a program for the tracking of assets and, with the
cooperation of the Attorney General's office, will assist
the NPF in the drafting of new legislation to allow for the
speedy forfeiture of these assets. Complementing this
technical assistance will be a regional training seminar on
financial crimes for police and Central Bank investigators
sponsored by the West African Institute for Financial and
Economic Management (WAIFEM) and Central Bank
investigators. Also, a USSS course on Combating Economic
Fraud and Counterfeiting (USSS-01) and a customized USSS
training activity, an Anti-Counterfeiting Technical
Assistance Initiative (USSS-03) will be provided to NPF
anti-fraud investigators. All of these training efforts
directly support the ongoing INL-project to strengthen the
capacity of the NPF and other investigative forces in the
region to attack 419 and other forms of financial fraud.


Anti-Corruption
---------------


29.(SBU) DOJ's Office of Overseas Prosecutorial
Development, Assistance and Training (OPDAT) will begin
implementation of a $445,000 (FY01 ESF) project to provide
investigative and prosecutorial training and technical
assistance to the GON's Independent Corrupt Practices and
Other Related Offenses Commission (ICPC) in April 2002. A
follow-on proposal to provide the ICPC with a Training-of-
Trainers (TOT) project has been proposed with FY2002 ESF
funds. This will give the ICPC a sustainable capacity to
train new personnel planned for hiring in late 2002 and
beyond.


Combating Trafficking in Persons (TIP)
--------------------------------------


30.(U) No FY02 INL funds are anticipated for anti-TIP
purposes. $200,000 in FY01 INL funds will be devoted to
support the NPF's Anti-TIP Task Force and sensitization
training for NPF personnel involved in fighting TIP crimes.
Additionally, $300,000 is requested in G/TIP funds for
investigative and prosecutorial training, through OPDAT and
ICITAP, for NPF and MOJ/DPP investigators and prosecutors.


Money-Laundering
----------------


31.(SBU) FY02: $200,000. The GON's proposed Financial
Crimes Commission is expected to start operating later in
CY2002. This commission will have full investigative,
arrest and prosecutorial powers to address money laundering
and other financial crimes and will be under the Office of
the President. This project will provide technical
assistance ($125,000) in the form of USG money laundering
experts sent to Nigeria on extended TDYs to assist the
Commission with implementing effective regulations and will
assist the new Commission with modest equipment ($75,000).


Immigration Crimes
------------------


32. FY02: $100,000 in equipment for NIS Anti-Fraud Unit and
$50,000 for DS Anti-fraud course. A draft MOU governing
the role of U.S. INS agents working at the Lagos
international airport and the GON's commitment to fighting
immigration fraud emerged from recent bilateral
discussions, particularly the November 9, 2001 meeting of
the Bilateral LE Committee. Included in the MOU is mention
of agreed upon USG assistance to the NIS in fighting
immigration fraud committed by Nigerian nationals
attempting to board US-bound flights. INS agents stationed
TDY at the Lagos airport will work closely with the new NIS
anti-fraud unit to interdict malafide passengers attempting
to embark on flights to the U.S. This project will provide
modest equipment -- specifically fraudulent document
detection scanners -- and a DS training course (DS-01:
International Travel Document Fraud) for NIS investigators
and airline security personnel to support this joint
effort.


Budget Summary
--------------


33. The Mission's request for FY2002 INL funds, as
described above, is as follows:


Activity . . . . . . . . . . . . . Amount
--------- . . . . . . . . . . . . .------


NDLEA Teltap Equip. . . . . . . . $200,000
NDLEA Interdiction Training . . . $100,000
Police Modernization Program. . .1,100,000
Related Police Training (FBI). . $200,000
Anti-Immigration Fraud . . . . . .$100,000
Related DS anti-fraud training . . $50,000
Anti-419 Asset Seizures . . . . .$100,000
Related Anti-419 Training . . . . $100,000
Money Laundering/FCC. . . . . . . $200,000


TOTAL . . . . . . . . . . . . . $2,150,000


In addition to INL Funds requested, the following parallel
requests for other funding for law enforcement uses have
been made:


Project . . . . . . . . . Amount . . . Fund Source
------- . . . . . . . . . ------ . . . ----------


Anti-Corruption (ICPC) . $500,000 . . . . ESF
Police Modernization . . $1.5 million . . ESF


Anti-TIP (OPDAT/ICITAP). $300,000 . . . .G/TIP
Anti-TIP: ECOWAS
(Regional: thru UNODDCP) $350,000 . . .. G/TIP


JETER

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