Cablegate: 2009-2010 Nigeria International Narcotics Control

VZCZCXRO9517
PP RUEHMA RUEHPA
DE RUEHUJA #2019/01 3090639
ZNR UUUUU ZZH
P 050639Z NOV 09
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 7422
INFO RUEHOS/AMCONSUL LAGOS 2244
RUEHZK/ECOWAS COLLECTIVE
RHEHNSC/NSC WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEKJCS/DIA WASHINGTON DC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 05 ABUJA 002019

SIPDIS

STATE FOR AF/W, INL/AAE, INL/C, INR/AA

E.O 12958 N/A
TAGS: PGOV SNAR KCRM KCOR KFIN EAID ASEC NI
SUBJECT: 2009-2010 NIGERIA INTERNATIONAL NARCOTICS CONTROL
STRATEGY REPORT (INCSR), PART I, DRUGS AND CHEMICAL CONTROL

REF: STATE 097230
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I. Summary
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1. (U) Nigeria remains attractive to drug traffickers. Heroin and
cocaine transit Nigeria on their way to markets in Europe, and the
heroin transiting Nigeria has a significant impact on the United
States. During the past year, authorities have arrested increased
numbers of drug couriers at Lagos International Airport, which may
indicate that drug traffickers are increasingly using Nigeria's land
and maritime ports of entry to transship drugs to neighboring
countries for outward shipment to European and American markets.
The increase in low-level drug couriers or "mules" to Europe,
especially to Spain, can be attributed, in part, to the economic
downturn and the desperation of individuals for quick money. The
mules often ingest about a kilo of cocaine and try to smuggle it to
their destination. Nigerian Drug Law Enforcement Agency (NDLEA) has
intercepted drug couriers from Latin America (MMIA), particularly on
flights from Brazil, at Lagos Murtala Mohammed International. NDLEA
has detected many couriers through the use of modern scanning
equipment donated to Nigeria by the U.S. State Department anti-drug
assistance program. In particular, authorities detected the first
drug courier attempting to board a Delta flight to Atlanta with the
USG-donated Digital Body Scanner at the Lagos international airport.
Because of this deterrence factor, DEA and NDLEA report that
traffickers are circumventing the machines by travelling through the
porous land borders and flying out of neighboring countries' more
vulnerable airports. The USG donated drug detection kits to the
NDLEA for use at all Nigerian ports of entry to enhance the drug
agency's capacity to conduct interdiction activities.

2. (U) Nigerian organized criminal networks remain a major factor in
moving cocaine and heroin worldwide. Many of these organizations are
not based in Nigeria, but evidence exists that large quantities of
cocaine and heroin transit Nigeria to markets in the West. In
addition to drug trafficking, some of these organizations engage in
advance-fee fraud, and other forms of fraud against U.S. citizens
and businesses, including document fabrication, illegal immigration,
and financial fraud. They have extensive documented ties to
criminals in the United States, Europe, South America, Asia, and
South Africa. Nigerian poly-crime organizations exact significant
financial and societal costs, especially among West African states
with limited resources for countering these organizations. Poor
economic conditions for the vast majority of Nigerians, including
widespread unemployment and underemployment, contribute
significantly to the continuation and expansion of drug trafficking.
A large number of universities closed for months due to a prolonged
dispute between the federal government and professors, which
resulted in more students opting to become drug couriers. Widespread
corruption in Nigeria makes the traffickers' task easier. These
factors, combined with Nigeria's central location, along the major
trafficking routes and access to global narcotics markets, provided
both an incentive and mechanism for criminal groups to flourish, and
for Nigeria to emerge as a major drug trafficking hub.

3. (U) The only drug cultivated in significant amounts domestically
Q3. (U) The only drug cultivated in significant amounts domestically
is Cannabis Sativa (marijuana). Nigerian-grown marijuana is the most
common drug abused in the country. It is exported to neighboring
West African countries through Nigeria's vast porous borders and
then shipped to Europe. However, it is not shipped in significant
quantities to the United States. Nigeria is a party to the 1988 UN
Drug Convention.

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II. Status of Country
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4. (U) The National Drug Law Enforcement Agency (NDLEA) is
responsible for the enforcement of laws against illicit drug
trafficking and abuse. It also plays the lead role in demand
reduction, drug control policy formulation and implementation in the
country. Cooperation among Nigeria's law enforcement agencies is
weak. For instance, although all law enforcement elements operate at
Nigeria's international ports of entry, joint operations between
them are virtually non-existent. Lack of inter-agency cooperation
partially explains the dearth of apprehensions of major traffickers
or the absence of consistent interdiction of major shipments of
contraband. No single law enforcement agency in Nigeria has adequate
resources to combat the increasingly sophisticated international
criminal networks that operate in and through the country itself;
inter-agency cooperation is necessary for success.

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III. Country Actions against Drugs in 2009
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I. Summary
-----------------

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A. Policy Initiatives:
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5. (U) The National Drug Control Master Plan (NDCMP), in place since
1999 outlines Nigeria's counter-narcotics policy. This plan assigns
responsibilities to various government ministries and agencies as
well as NGOs and other interest groups. In addition, the Master Plan
outlines basic resource requirements and timeframes for the
completion of objectives. Unfortunately, many goals remain
unfulfilled. In the past, the Nigerian Government has been open to
criticism for not adequately budgeting for necessary drug law
enforcement by NDLEA. For 2009, the budget for NDLEA is 4.62 billion
naira (equivalent to $30 million) with no amount allocated for
training of NDLEA staff. Most money will go to upgrades of NDLEA
infrastructures, particularly the regional training academy in Jos.

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B .Law Enforcement Efforts:
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6. (U) In the past year, NDLEA's most successful interdictions have
taken place at Nigeria's four international airports, with the
majority of hard drug seizures (e.g., cocaine and heroin) at Lagos
Murtala Mohammed International Airport. In addition, authorities
have apprehended increasing numbers of drug couriers at Abuja Nnamdi
Azikiwe International Airport. This year, NDLEA has produced more
arrests at these international airports. The Embassy sent commanders
from theses strategic locations to the International Law Enforcement
Academy (ILEA) in Gaborone, Botswana for basic airport interdiction
and drug unit commander training. The agency continues to apprehend
individual drug couriers transiting these airports and the land
borders, including airport employees involved in drug rings but no
major drug traffickers and financiers. Digital Body scanners donated
by the U.S. State Department's anti-drug assistance project play
critical roles in detecting greater numbers of couriers. These "body
scanners" have operated at Lagos, Kano, Port Harcourt and Abuja
International Airports since about March 2008. Many observers
believe that if Nigeria introduced a vigorous anti-drug enforcement
regime at its five major seaports and porous land borders, such
efforts would yield significant drug seizures.

7. (U) As noted above, marijuana remains the main drug abused by
Nigerians as it is cultivated locally. In the past year, NDLEA
continued to emphasize a high-profile campaign to destroy the annual
marijuana crop before it reaches domestic drug abusers. Marijuana
remains the largest drug seized by the NDLEA. A total of 482.74
hectares of marijuana farmland was destroyed between April 2009 and
September 2009. Between October 2008 and August 2009, the various
NDLEA commands apprehended 6,186 narcotics suspects and seized
77,500.38 kg of cannabis, 220.17kg of cocaine, 24.27 kg of heroin,
and 485.19 kg of psychotropic substances, of which authorities
intercepted 64.7 kg of ephedrine at Murtala Mohammed International
Airport in Lagos en route to South Africa. The NDLEA detected and
interdicted ephedrine shipments and other precursor chemicals,
including a 100 metric ton shipment of acetone from South Africa to
prevent diversion. Overall, the NDLEA seized 78,230 kg of drugs.

8. (U) Although Nigeria's main domestic drug abuse problem remains
Q8. (U) Although Nigeria's main domestic drug abuse problem remains
cannabis, cocaine has now emerged as one of Nigeria's most
challenging drug abuse problems. Some of the most significant
seizures in the last year involved cocaine shipments from South
America; some cocaine seized in Nigeria seems to have been refined
in West Africa, not trafficked as cocaine from Latin America. Drug
traffickers take advantage of lax enforcement in Nigeria and other
countries in West Africa to "warehouse" bulk quantities of drugs,
until they can be moved to developed countries by drug mules.
Moreover, trafficking drugs is made easier because it is so
difficult to effectively police Nigeria's extensive porous borders
and cultural links among border communities.

9. (U) Asset seizures from narcotics traffickers and money
launderers, while permitted under Nigerian law, had never been
systematically utilized as an enforcement tool until this year. 17
drug related money laundering cases remain under investigation. Five
properties and currency (1,147,050 USD; 3,000 British Pounds; and
6,000,000 Naira) have been temporarily forfeited to the NDLEA
pending the outcome of investigations. However, NDLEA's failure to
apprehend and prosecute major traffickers and their associates is

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I. Summary
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often due to the lack of capacity of NDLEA to assemble successful
cases against the higher echelons of sophisticated organized
criminal gangs. At other times, the problem rests with Nigeria's
courts, which struggle with intimidation and corruption.

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C. Corruption:
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10. (U) Corruption plays a major role in drug trafficking in
Nigeria. The large proceeds from illicit drug trafficking empower
criminals to use bribery to protect their operations. Nigerian
authorities have indicted several individuals for corruption,
including one lodged against a former Chairman and Chief Executive
of the NDLEA. The trial which began in September has made steady
progress under the firm courtroom management by no-nonsense judge.
This trial demonstrates the current NDLEA Chairman's dogged
determination to enforce the law even against those in NDLEA's own
ranks. The Government of Nigeria does not, as a matter of policy,
encourage or facilitate illicit drug production, nor is it involved
in laundering the proceeds of illicit drugs. Nonetheless, corruption
remains endemic among government officials at the federal and state
levels. To ensure that drug traffickers receive and serve stiff
sentences, the NDLEA requested that the National Assembly amend
Nigeria's narcotics law to provide for minimum sentences of 3-years
in jail with no option for paying fines. Although the amendment was
initial introduced to the National Assembly in 2007, the Bill did
not become law before the 2007 elections and changeover in
legislators. The NDLEA will need to introduce a new bill in the
current session. NDLEA will also seek a provision to allow NDLEA and
the Nigerian Immigration Service to seize offenders' passports
during pre-trial and post-conviction periods to prevent them from
travelling abroad.

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D. Agreements and Treaties:
--------------------------

11. (U) Nigeria is a party to the 1988 UN Drug Convention, the 1961
UN Single Convention on Narcotic Drugs, as amended by the 1972
Protocol, and the 1971 UN Convention on Psychotropic Substances.
Nigeria is a party to the UN Convention against Corruption and the
UN Convention against Transnational Organized Crime, and its three
protocols. The 1931 U.S.-UK Extradition Treaty, made applicable to
Nigeria in 1935, provides the legal basis for U.S. extradition
requests. The United States and Nigeria also have a Mutual Legal
Assistance Treaty (MLAT), which entered into force January 14,
2003.The GON continues to work on a mechanism to process U.S.
extradition requests more expeditiously. The U.S. has two
outstanding drug extradition requests, one pending since June 2004.
A court addressed the two requests in May and June, but both cases
continued to experience delay tactics by defense attorneys. A
dedicated prosecutorial team handles all U.S. extradition cases
before a designated Federal High Court judge. Nigerian law still
affords the defendant many options to delay proceedings, especially
with interlocutory appeals that require adjudication before cases
may proceed. In the past year, NDLEA cooperated with international
drug enforcement efforts and conducted a joint operation with
Interpol and the Belgium Police, leading to the arrest of a drug
QInterpol and the Belgium Police, leading to the arrest of a drug
courier and seizures of 5.5 kilograms of cocaine, 74, 800 dollars in
currency, three vehicles and land deeds.

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E. Cultivation/Production:
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12. (U) Cannabis is the only illicit drug produced in any
significant quantity in Nigeria; it is cultivated in all of
Nigeria's 36 states. Major cultivation takes place in central and
northern Nigeria and in Delta and Ondo states in the south.
Marijuana, or "Indian Hemp" as it is known locally, is sold in
Nigeria and exported throughout West Africa and into Europe. To
date, there is no evidence of significant marijuana exports from
Nigeria to the United States. The NDLEA has continued to pursue an
aggressive and successful eradication campaign.

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F. Drug Flow/Transit:
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13. (U) Nigeria is a major staging point for Southeast and Southwest

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I. Summary
-----------------

Asian heroin smuggled to Europe and the United States and for South
American cocaine trafficked to Europe. Cocaine smuggling through
Nigeria increased during the last year. While Nigeria remains
Africa's drug transit hub, there are indications that the preferred
methods of trans-shipment have changed. The NDLEA unit, at Lagos
Murtala Mohammed International Airport, searches select passengers
and carry-on baggage, preferring to focus on travelers, who fit
profiles as possible drug couriers. USG donation of Digital Body
Scanners has bolstered NDLEA efforts. The scanners ensured that drug
couriers face greater likelihood of detection at the international
airports. In the past year, U.S. and U.K. officials trained NDLEA
officers to improve their skills in intelligence gathering and
profiling of potential drug couriers under an airport interdiction
program. This training paid immediate dividends with large cargo
seizures in the past year. Many traffickers became more aware of
the presence of scanners and began to conceal drugs in cargo
shipments of goods, such as light fixtures, confectionary commercial
products, and food packages. The scanners enabled Nigerian law
enforcement to perform quick, non-invasive searches of suspected
drug traffickers to locate illegal drugs. The U.S. also purchased
three additional scanners and four new drug/explosives-detecting
"Itemizers" for Nigeria's international airports in Abuja, Kano,
Lagos, and Port Harcourt. The procured equipment allowed Nigerian
law enforcement personnel to improve identification and detection
capabilities, especially as it regards drug couriers transiting
Nigeria's airports. Nigeria's sea ports and land borders remain
vulnerable and efforts should be made to increase interdiction
efforts at these locations.

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G. Domestic Programs/Demand Reduction:
-------------------------------------

14. (U) Local production and use of marijuana have affected Nigeria
for some time. According to the NDLEA and NGOs, however, abuse of
harder drugs (such as cocaine and heroin) seems on the rise as both
types of drugs remain readily available in many larger cities. The
NDLEA Demand Reduction Directorate reinvigorated its school oriented
programs within the past year focusing on creating awareness of the
dangers of drug abuse and trafficking. Other demand reduction
programs targeted various groups, including youths, drivers,
commercial sex workers, community leaders, and transport workers,
and staff at various organizations. The U.N. Office of Drugs and
Crime (UNODC) and NDLEA celebrated the International Day against
Drug Abuse and Illicit Drug Trafficking on June 26, by vigorously
pursuing demand reduction programs at the tertiary, adult, and
non-formal education sectors. The NDLEA invigorated its counseling,
treatment, and rehabilitation drive, counseling, and rehabilitating
1,257 drug dependent persons in the past year. Private treatment
centers handled more severe cases of dependency. NDLEA focused on
collecting drug data and researching methods to develop effective
drug control strategies by conducting a public survey to collect and
analyze drug abuse data. The study indicated that younger unmarried
males topped the list of drug abusers and that cannabis remained the
Qmales topped the list of drug abusers and that cannabis remained the
most abused drug.

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IV. U.S. Policy Initiatives and Programs
----------------------------------------

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A. Policy Initiatives:
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15. (U) U.S.-Nigerian counter-narcotics cooperation focused on
interdiction at major international entry points and
professionalizing the NDLEA and other law enforcement agencies. The
State Department Bureau for International Narcotics and Law
Enforcement Affairs (INL) Office in Nigeria and the Drug Enforcement
Agency (DEA) worked closely with the NDLEA and other
narcotics-related agencies to train Nigerian law enforcement to
coordinate, plan, and implement internal and regional interdiction
operations. NDLEA officers received training at the regional,
INL-funded International Law Enforcement Academy (ILEA) on border
interdiction. At all levels, USG representatives enjoyed excellent
access to their counterparts, with both sides wanting to strengthen
relationships.

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B. The Road Ahead:
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I. Summary
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16. (U) Federal funding for Nigerian law enforcement agencies
remained insufficient and erratic hindering planning by these
agencies and demonstrating little commitment by authorities to law
enforcement. Unless the GON increases funding, little progress will
occur particularly over the long term. The GON will require
sustained political will and continued international assistance to
confront drug trafficking and to enhance broader law enforcement
capacity.

17. (U) USG counternarcotics assistance to Nigeria since February
2001 now totals over 3 million dollars. Despite some successes, the
Nigerian National Police Force (NPF) lacks public trust and
confidence, with organized crime groups continuing to prey on
citizens. INL's office in Nigeria continued to facilitate
interaction between the Nigeria Customs Service (NCS) and the NDLEA
to improve interdiction at the vulnerable seaports and land borders.
Even with support from international donors, NDLEA officers received
relatively little training due to insufficient budgets. NDLEA,
however, sought to focus significant funding to re-establish its
training center in Jos. Once the academy is fully operational, NDLEA
will require all officers to undergo re-training at the basic level
and mid-level before qualifying for promotion under anew promotion
system.

18. (U) The U.S. government will continue to engage Nigeria on
counternarcotics, money laundering and other transnational crimes
focusing on selected institutions, such as the NDLEA and NCS, which
have skilled, professional leaders. The underlying institutional and
societal factors that contribute to narcotics-trafficking,
money-laundering, and other crimes in Nigeria remain deep-seated,
requiring comprehensive, collaborative efforts by all levels of law
enforcement and government. Progress can only occur through
Nigeria's own sustained effort and political will, with continued
support from the international community.

SANDERS

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