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Combating Wildlife Crime in Nigeria an Analysis of the Criminal Justice Legislative Framework

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Combating Wildlife Crime in Nigeria an Analysis of the Criminal Justice Legislative Framework Wildlife Combating Wildlife Crime in Nigeria An analysis of the Criminal Justice Legislative Framework August 2021 ACKNOWLEDGEMENTS CITATION GLOSSARY We would Shamini Jayanathan, Barrister-at- ACJA - Administration of Criminal like to thank Law, Arcturus Consultancy Ltd. May Justice Act our donor, 2021. Combating Wildlife Crime in the Bureau of Nigeria: An Analysis of the Criminal AG - Attorney General International Justice Legislative Framework. AGF - Attorney General of the Federation Narcotics and Law Enforcement Africa Nature Investors Foundation Affairs within the U.S. Department and Environmental Investigation ANI - Africa Nature Investors Foundation of State, which funded the Agency (UK). CBB - Code of Conduct Bureau production of this report. CCG - Complex Case Group In addition, we would like to This report was funded by a grant CITES - Convention on International thank all of the many individuals, Trade in Endangered Species of Wild from the United States Department Fauna and Flora government agencies and non- of State. The opinions, findings governmental organisations that and conclusions stated herein are DPP - Office of the Director of Public contributed to this report, including those of the author[s] and do not Prosecutions [Nigeria] but not limited to representatives necessarily reflect those of the ECOWAS - Economic Community of West from the Convention on United States Department of State African States International Trade in Endangered EFCC - Economic and Financial Crimes Species of Wild Fauna and Flora ABOUT ANI (CITES) Secretariat, the Customs Commission [Nigeria] Authority of Nigeria, the Economic EIA - Environmental Investigation Africa Nature Investors (ANI) and Financial Crimes Commission Agency UK Foundation is a non-governmental (EFCC), the Federal Department of organisation based in Nigeria END - Eliminate, Neutralize, and Disrupt Forestry, the Federal and Adamawa Wildlife Trafficking State Ministries of Justice, the dedicated to applying best practice Federal Ministry of Environment, conservation strategies to West ESA - Endangered Species Act 1985 (as the National Environmental Africa including tackling the illegal amended in 2016) Standards and Regulations wildlife trade in Nigeria. FCT - Federal Capital Territory Enforcement Agency (NESREA), GIABA - Action Group against Money the Nigerian Conservation ABOUT EIA Laundering in West Africa Foundation (NCF), the Nigerian We investigate and campaign against Financial Intelligence Unit (NFIU), ICCWC - International Consortium on the Offices of the Director of Public environmental crime and abuse. Combatting Wildlife Crime Prosecutions for Adamawa, Jalingo Our undercover investigations ICPC - Independent Corrupt Practices and and Taraba States, the United expose transnational wildlife Other Related Offenses Commission Nations Office on Drugs and Crime crime, with a focus on elephants INL - U.S. Department of State, Bureau (UNODC), WildAid and the Wildlife and tigers, and forest crimes such of International Narcotics and Law Conservation Society (WCS). Enforcement Affairs CONTENTS as illegal logging and deforestation for cash crops like palm oil. We EIA and Africa Nature Investors MLA - Mutual Legal Assistance work to safeguard global marine Acknowledgements 3 Foundation (ANI) also wish to thank MMIA - Murtala Mohammed ecosystems by addressing the our numerous other supporters International Airport of Lagos Glossary 3 threats posed by plastic pollution, whose long-term commitments MOU - Memorandum of Understanding Executive Summary 4 to both organisations’ missions bycatch and commercial and values helped make this work exploitation of whales, dolphins NACIWA - Network of National Anti- Key Recommendations 8 possible. and porpoises. Finally, we reduce Corruption Institutions for West Africa Introduction 10 the impact of climate change by NCF - Nigerian Conservation Foundation Front cover: African savanna elephants campaigning to eliminate powerful Legislation and wildlife crime 13 (Loxodonta africana) at a water hole in Yankari refrigerant greenhouse gases, NESREA - National Environmental Game Reserve, Nigeria.Photo ©Wildlife Standards and Regulations Enforcement Conservation Society Nigeria, 2021 exposing related illicit trade and Strong prosecutions 22 Agency [Nigeria] improving energy efficiency in the Opposite page: Pangolins are the most NFIU - Nigeria Financial Intelligence Unit Trial without delay 25 trafficked mammal in the world cooling sector. Sentencing 25 EIA UK NIAP - National Ivory Action Plan International cooperation 26 62-63 Upper Street, NPS - National Park Service London N1 0NY UK SWCO - Special Wildlife Crime Office References 32 T: +44 (0) 20 7354 7960 E: [email protected] UNODC - United Nations Office on Drugs and Crime eia-international.org UNTOC - United Nations Convention Environmental Investigation Agency UK against Transnational Organised Crime UK Charity Number: 1182208 WCO - World Customs Organization Company Number: 07752350 WCS - Wildlife Conservation Society Registered in England and Wales 2 Environmental Investigation Agency and Africa Nature Investors COMBATING WILDLIFE CRIME IN NIGERIA 3 I. Executive summary 1. This report, commissioned by the Environmental Investigation Agency UK (EIA) in partnership with Africa Nature Investors Foundation (ANI) and supported by the U.S. Department of State, Bureau of International Narcotics and Law Enforcement Affairs (INL), is the first of its kind to undertake an in-depth legislative analysis of the federal wildlife-related laws of Nigeria alongside those of six states identified as key for addressing wildlife crime in Nigeria, namely Adamawa, Kano, Lagos, Rivers, Cross River and Taraba States. It builds on recommendations made by the EIA in its report of 2018 regarding Nigeria’s progress on its National Ivory Action Plan (NIAP) which included the need to conduct an assessment under the auspices of the International Consortium for Combatting Wildlife Crime (ICCWC). ©Charles Emogor 2021 This report’s focus on legislation will complement such an effort that will in due course be undertaken by the UN Office on Drugs and Crime (UNODC). Above: White-bellied pangolin (Phataginus tricuspis) in Cross River National Park, Nigeria 2. Nigeria is a federation of 36 states and one Federal Key findings Capital Territory (FCT Abuja). Each of the 36 states is a semi-autonomous political unit that shares powers Legislation 6. In parallel, where appetite and resources permit, with the federal government as provided under the it would be desirable to scope and undertake the Constitution. Each state has its own legislative body 4. At the federal level, the laws governing international harmonisation of state-level laws to achieve parity with and its own Attorney General (AG) and Director of Public wildlife trafficking in Nigeria are relatively weak each other and at the federal level. This can be through Prosecutions (DPP) and many have their own game as compared to jurisdictions in East and Southern amendment, repeal and/or passage of new state-level reserves and laws concerning wildlife within. Those Africa. The draft law attached to Nigeria’s 2018 NIAP laws (see summary of recommendations below). laws are not aligned with other states or with federal- progress report (the National Wildlife Species Protection level laws governing protected areas. In addition, many Act – Endangered Species (Control of International 7. Many agencies – in particular, Nigeria Customs national authorities hold a mandate over wildlife crime, “It is clear that the challenges Trade and Traffic) Amendment Act 2015) represents Service (Customs), National Park Service (NPS) and the including investigation and prosecution powers. This of improving Nigeria’s ability an improvement and support to pass it should be a National Environmental Standards and Regulations creates a situation where there are no clear lines of priority. It does need some review alongside the draft Enforcement Agency (NESREA) – hold the power to oversight, coordination or management of wildlife to counter wildlife trafficking crime investigation or prosecution. The ability of from and to its borders are Forestry Law and the draft National Park Act to ensure ‘compound’ rather than prosecute an offence, i.e., on criminal elements to exploit weaknesses and loopholes harmonisation in terms of criminal offences at the admission of the accused and payment of a fine, these in legal frameworks, including the grey areas that immense. The key will lie very least. Further, the offences it contains, while an agencies discontinue any further action. The power to exist where multiple agencies overlap in mandate as in cooperation between the improvement, could be further extended to capture the compound is a potential incentive for corrupt practices. is the case in Nigeria, has long been recognised as a full range of relevant offences and vital investigative However, it is equally true that the lack of funding from significant factor in the failure of countries to meet the various agencies, which and ancillary powers.1 As it stands, the best laws for central government to, for example, the NPS or the state- challenge of curbing such crimes. prosecuting cases involving large-scale seizures are to be level park services is such that compounding addresses must strive to agree a unified found not in the wildlife-specific laws but customs and is a necessary requirement for the operation of some of 3. It is clear that the challenges of improving Nigeria’s approach
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