LOOTING THE ASSETS OF NATURE…11

The authorities must do more in stemming wildlife trafficking

The federal government and other stakeholders should be concerned that there appears to be geographic consolidation of trafficking routes across several markets, with Nigeria emerging as a key source/transit country for many shipments of protected species and products. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Elephant Trade Information System to COP17 places Nigeria as the second most prominent ivory exporting country in West Africa, functioning as a major hub for ivory from Central Africa and, increasingly, from East Africa. This is another emblem of shame that we can do without.

To tackle wildlife crime, the federal government recently requested the support of the United Nations Office on Drugs and Crime (UNODC). Some measures already taken include the conduct of a corruption risk assessment (CRA) for the wildlife and forestry sectors. Funded by the European Union through the International Consortium on Combating Wildlife Crime (ICCWC), the Nigeria Customs Service (NSC) and the National Environmental Standards and Regulations Enforcement Agency (NESREA) are the two main agencies with a mandate to counter illegal wildlife trade in Nigeria. But for any meaningful success, the federal government needs to strengthen both NESREA and its environment ministry.

Meanwhile, finding a sustainable solution to the menace obviously requires a complete reform of the nation’s justice system and strengthening regulatory agencies, including the NESREA, National Parks Service, and CITES desk. It also requires a strong political will, sense of responsibility and total commitment of the government, at all levels. Besides, since the problem is long standing and persistently systemic, it can only be tackled by concerted multidimensional approaches tailored and fostered by an “independent task force” of committed professionals with an objective resolve to decimate the cartel and those at the bottom of the wildlife trafficking value chain.

Overall, despite that the laws and regulations on the protection of the nation’s environment and wildlife have at different times been revised to meet modern realities, they are hardly enforced. To compound the problem, the laws governing international wildlife trafficking at the federal level in Nigeria are relatively weak as compared to jurisdictions in East and Southern Africa, as reported in August last year by the Environmental Investigation Agency, Africa Nature Investigators. The draft law attached to Nigeria’s 2018 NIAP progress report (the National Wildlife Species Protection Act – Endangered Species (Control of International Trade and Traffic) Amendment Act 2015) represents an improvement and support to pass it should be a priority, they stated. It does need some review alongside the draft Forestry Law and the draft National Park Act to ensure harmonisation in terms of criminal offenses at the very least. Although it is an improvement on previous laws, it could be further extended to capture the full range of relevant offenses and vital investigative and ancillary powers, says the report.

As it stands, the best way for prosecuting cases involving large-scale seizures is to be found not in the wildlife-specific laws but customs and money laundering laws. Meanwhile, the disparity between states and their wildlife-specific laws is significant. However, the process of addressing the required changes would likely take years, if not decades, to push through across all 36 states. The focus should therefore be on the federal laws. Given that the issue of obtaining a ‘fiat’ or permission from the Attorney General of the Federation for a state prosecutor to manage environment-related federal cases is relatively straightforward, it is quite possible for state-level prosecutors to navigate the existing federal laws (and new ones) to manage cases involving key species.

But the starting point is to raise awareness of those laws and why we must do more in tackling wildlife trafficking in Nigeria.