Why tracking organised crime matters now more than ever, By Umar Barde Usman

The fight against organised crime in Nigeria faces a critical juncture, with the effectiveness of anti-crime strategies heavily reliant on robust tracking and consistent compliance monitoring. Despite significant legislative efforts and the establishment of dedicated agencies, a recent policy brief highlights a persistent gap between policy formulation and tangible enforcement outcomes. This article examines Nigeria's legal and institutional framework for combating organised crime, including key statutes and the roles of various enforcement bodies. It underscores the imperative for a dynamic, metrics-driven approach to tracking criminal enterprises, moving beyond static policies to ensure accountability, identify implementation stalls, and drive measurable reform. The analysis reveals that without effective tracking mechanisms, commitments to dismantle illicit financial flows and counter sophisticated criminal networks risk remaining mere rhetoric, undermining national security and socio-economic development.

The pervasive threat of organised crime in Nigeria demands a dynamic and rigorously monitored response, a sentiment powerfully articulated in recent policy discussions. Three years ago, a pivotal International Symposium on Countering Organised Crime in Nigeria yielded sixteen policy recommendations, intended as a pragmatic blueprint to dismantle illicit financial flows, counter sophisticated criminal networks, and safeguard public integrity. However, as a comprehensive review by the Center for Fiscal Transparency and Public Integrity (CEFTPI) reveals, the journey from policy rhetoric to actual enforcement remains fraught with challenges.

This article posits that the efficacy of Nigeria's anti-organised crime efforts hinges critically on the ability to effectively track the implementation of these recommendations and monitor compliance across various institutional layers. The current landscape, marked by isolated improvements against a backdrop of rapidly scaling criminal enterprises, underscores the urgent need for a metrics-driven approach. Without such a system, the substantial investments in security and legislative reforms risk yielding limited impact, perpetuating a cycle where criminal activities continue to thrive and evolve faster than the state's defensive frameworks.

Nigeria's commitment to combating organised crime is reflected in a comprehensive, albeit often challenged, legal and institutional framework. Domestically, key legislation includes the Money Laundering (Prevention and Prohibition) Act 2022, which repealed its 2011 predecessor and provides a more robust framework for combating money laundering and terrorism financing, including provisions for virtual assets and the establishment of the Special Control Unit Against Money Laundering (SCUML) under the Economic and Financial Crimes Commission (EFCC). The Terrorism (Prevention and Prohibition) Act 2022 further strengthens the legal arsenal against terrorism, establishing the National Counter Terrorism Centre (NCTC) and providing a comprehensive framework for criminalising acts of terrorism.

Other critical statutes include the Economic and Financial Crimes Commission (Establishment) Act 2004, which empowers the EFCC to investigate and prosecute economic and financial crimes, and coordinate anti-money laundering efforts. The Independent Corrupt Practices and Other Related Offences Act 2000 established the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to combat corruption. Furthermore, the National Drug Law Enforcement Agency Act (Cap N30, Laws of the Federation of Nigeria 2004) created the National Drug Law Enforcement Agency (NDLEA) to enforce drug laws, while the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015 established the National Agency for the Prohibition of Trafficking in Persons (NAPTIP). These agencies, alongside the Nigerian Financial Intelligence Unit (NFIU), form the core of Nigeria's response to organised crime.

Internationally, Nigeria is a signatory to the United Nations Convention against Transnational Organized Crime (UNTOC) and its three Protocols, demonstrating its commitment to global cooperation in combating corruption, drug trafficking, arms trading, and human trafficking. The domestication and operationalisation of UNTOC and the United Nations Convention against Corruption (UNCAC) underscore Nigeria's efforts to align its domestic legal framework with international standards. Despite these legislative and institutional foundations, the effectiveness of these measures has been hampered by capacity constraints and inconsistent implementation, allowing Nigeria's criminal market to continue thriving.

The effectiveness of Nigeria's robust legal framework against organised crime is significantly undermined by challenges in tracking and implementation. While the statutes provide broad powers for investigation, prosecution, and asset forfeiture, the macro-indicators for various organised criminal activities, including terrorism, human trafficking, drug trafficking, and cyber-syndicate operations, suggest that criminal enterprises are outpacing current defensive frameworks. This disparity highlights a critical gap between policy design and practical enforcement, often exacerbated by issues such as corruption, weak institutional coordination, and insufficient resources.

One major impediment to effective tracking is the 'funding paradox' in counter-terrorism financing. Despite monumental financial outlays directed towards defence and internal security, the financial networks backing terrorism remain resilient. This suggests that current tracking mechanisms for illicit financial flows are either inadequate or poorly implemented, failing to disrupt the economic lifelines of insurgent and bandit groups. The Money Laundering (Prevention and Prohibition) Act 2022, with its provisions for virtual assets and the oversight role of SCUML, aims to address some of these financial vulnerabilities, but its impact relies heavily on diligent enforcement and inter-agency collaboration.

Furthermore, the policy recommendations emphasise the need for integrated data systems, biometric screening, and real-time intelligence sharing among immigration, customs, police, military, and financial intelligence institutions. However, law enforcement agencies often operate in silos, limiting the holistic view necessary to track transnational syndicates effectively. The lack of effective legal and operational frameworks for international cooperation, asset recovery, and repatriation further hinders efforts to combat cross-border organised crime, despite Nigeria's ratification of international conventions like UNTOC.

Judicial challenges also play a significant role. The congestion of cases, slow pace of court proceedings, and difficulties in obtaining cooperation from those with first-hand information often impede successful prosecutions. Moreover, a culture of impunity persists in prosecuting certain criminal groups, such as the Black Axe, due to alleged political interference and the involvement of senior officials in confraternities. This underscores the need for an autonomous judicial unit and international sanctions against patrons of criminal organisations to insulate the judiciary and law enforcement from undue influence.

The UNODC's Country Programme for Nigeria (2026-2030) aims to strengthen criminal justice, counter organised crime, and promote public health, adopting an integrated approach that combines legal, social, economic, and security responses. This initiative, alongside the National Counter Terrorism Strategy (NACTEST), signifies a recognition of the need for coordinated, multi-sectoral efforts. However, the success of these strategies ultimately depends on the consistent compliance monitoring and accountability mechanisms that transform policy commitments into measurable institutional reforms, as highlighted by the CEFTPI brief.

The imperative to track organised crime in Nigeria has never been more critical. The current landscape, characterised by sophisticated criminal networks and a persistent gap between policy and enforcement, demands a fundamental shift from static anti-crime strategies to dynamic, metrics-driven responses. Legal practitioners must recognise that the efficacy of Nigeria's extensive legislative framework, encompassing acts against money laundering, terrorism, corruption, drug trafficking, and human trafficking, is directly proportional to the robustness of the tracking and accountability mechanisms in place.

Moving forward, legal professionals should advocate for and support initiatives that enhance inter-agency integration, digital border security, and real-time intelligence sharing, as outlined in the sixteen policy recommendations. It is crucial to monitor the implementation of new policies, such as those under the UNODC Country Programme, and to hold enforcement agencies accountable for measurable progress. Practitioners should also be prepared to navigate and challenge the systemic issues of corruption and political interference that impede justice, leveraging existing laws and advocating for judicial reforms that ensure impartiality and efficiency. The ultimate goal is to ensure that Nigeria's legal and institutional commitments translate into tangible reductions in organised criminal activity, fostering a more secure and just society.