TRANSNATIONAL ORGANIZED CRIME AND ECOWAS PEACE AND SECURITY ( A CASE STUDY OF NIGERIA AND BENIN )

ABSTRACT

The study examines transnational organized crime and ECOWAS peace and security with focus on Nigeria and Benin.

The study revealed that; transnational organised crime in the Nigeria-Benin border includes cybercrime and money laundering, human and drug trafficking, the smuggling of illicit goods, the flow of small arms and light weapons, and other threats which cannot be sufficiently addressed by one country acting alone; Nigerian and Beninoise governments has responded to transnational organized crime through Legislative measures, Policy measures, Law enforcement measures, Military measures and Socio- economic measures; Nigeria and Beninoise governments’ are partially committed to the ECOWAS protocol on free movement of persons and goods affected transnational organized crimes in the Nigeria-Benin border; ECOWAS member states use common platforms and statutory bodies such as the (WAPCCO), (CCISS), and (CCDS), to share experience and information, and to organize joint trainings and joint operations to combat transnational organised crime.

The study concluded that transnational organized crime and ECOWAS peace and security focus on Nigeria and Benin.

The study recommended that; Governments of Nigeria and Benin need to be more pragmatic in its approach toward combating the menace of transnational organized crimes; Issues such as poverty, unemployment, food shortage, marginalization and inequality and access to basic infrastructure should be tackled; It is also of necessity for the government to carryout institutional capacity and structural reforms, especially with institutions that are directly linked to the fight against the transnational organized crime. The JTF Unit should be handled seriously by the government just like the duty they are called up to do largely remains a serious one; The local population should continue to build on the peace that they have restored and built as there lies their strength as communities.

 

CHAPTER ONE

INTRODUCTION

1.1              Background to the Study

Transnational organized crimes are common among countries with porous borders. Organized crimes tend to destroy the political, economic and social relationships among countries. In practice, African states face at least three challenges when tackling transnational crime. The first is how to deal with crimes that emanate from outside their various jurisdictions. The second concerns investigating the crime with a transnational element and the third involving tracing and then recovering the proceeds of crime that have been moved out of the country where the crime occurred.

According to Abia, “the cross-border crimes include a number of illegal and notorious activities carried out by individuals and groups across national and international borders, either for financial or economic benefits and also socio-political or religious considerations. It is a set of criminal acts whose perpetrators and repercussions go beyond territorial borders. These would include human trafficking, money laundering, drug trafficking, arms smuggling or trafficking of weapons, cross-border terrorism, illegal oil bunkering, illicit trafficking in diamonds, corruption, business fraud, to mention but a few” (Ukwayi & Anam, 2019).

Transnational organized crime, for several decades, has been a major threat to the national security of many countries of the world including Nigeria and Benin Republic. It is for this reason that many states have paid close attention to security threats across their borders. The threats across borders often manifest in the form of an engagement in illegal enterprise drug and human trafficking, smuggling of contraband goods, small and light weapons, stolen vehicles, petroleum products, among others. These illegal enterprises have created a worrisome situation with severe implications on the socioeconomic, political and psychological wellbeing of countries of the world (Aluede, 2017).

The enormous security threat posed by trans-border crime, to the wellbeing of nations and their citizens compelled world leaders to come together to form a united front against the perpetrators and lay down the framework to curtail the phenomenon of trans-border  crime, also referred to as ‘cross-border crime’ or ‘transnational organized crime’. The first of this gathering was in 1994, in Naples, Italy, convened under the auspices of World Ministerial Conference on Organized Transnational Crime. At the end of the conference, a Communiqué titled “Political Declaration and Global Action Plan against Organized Transnational Crime,” was released. In the Communiqué, specific guidelines and plans to be followed by member states at the national and international levels in combating the menace of trans-border crime were stated (Aluede, 2017).

West Africa has become notorious for instability and armed conflict and is increasingly known for transnational criminal networks. Free movement across borders creates security threats in the sub-region. Smugglers, traffickers, terrorists and armed robbers traverse the sub-regional borders without major challenge (Ukwayi & Anam, 2019).

Nevertheless, it is interesting to note that trans-border crime emerged in the Nigeria-Benin border, like other bordering states across Africa, during the colonial period. The emergence of trans-border crime in the African continent is traceable to the unfavourable colonial economic policies of high taxation, prohibition of local items of trade in place of imported goods and tariff war between rival European powers sharing boundaries in the continent. This was fueled by the deliberate attempt by the respective European powers to prohibit certain items of trade traded by Africans. These items include local liquor, palm kernel, palm oil and other commodities before the partitioning of the continent. In addition, the colonial authorities from both sides of the border taxed goods that cross the borders. The development compelled the local people to exploit alternative route known to them to evade taxes as well as smuggle their goods to trade with friends, relatives and fellow traders at the other side of the border (Aluede, 2017).

At the moment crimes are committed without crossing borders and huge amounts of goods are sold through cyberspace. The internet has not only made it more difficult to manage borders and to combat cross-border crimes, but has also effectively dismantled borders by allowing imports without going through customs. Most recently, transnational crime has grown in scope and is characterized by increasingly global reach, involved in multiple forms of criminal markets to include large scale financial fraud and cybercrime. And the syndicates are willing to protect their activities through violent and notorious organizational strategies to deter capture (Osimen et al., 2017).

Transnational organized criminal activities often involve collaboration among domestic and foreign criminal groups. Organized criminal groups infiltrate governments, businesses, political and economic systems. They undermine the effectiveness of these systems, sometimes through corruption and violence (Alemika, 2013). Organized criminal groups or individuals carry out their illicit activities using major technological tools such as information networks, financial system and other sophisticated means. They also take advantage of difference in legislation, legal systems and traditions, which often seriously hamper state efforts to respond adequately to the threat of organized or trans-border crimes. The conditions favourable to crime include: the poverty in source countries and their drive to alleviate that poverty, the weakness of the new democracies, open borders, and lack of appropriately educated law enforcement agencies and a lack of cross-national cooperation has been discovered mostly to be responsible for cross-border crime (Osimen et al., 2017).

1.2              Statement of the Problem 

Transnational organized crime is a cross-cutting issue, not merely a security problem. Transnational organized crime is accompanied far more often by economic damage, environmental degradation, health problems and corruption than by widespread violence and instability. Combating organized crime is primarily a task for civil law enforcement agencies, but they too are increasingly recognizing the need for new approaches and forms of cooperation (Vorrath, 2015). There are several types of organized criminal activities and operatives in West Africa. These activities include drug trafficking, advanced fee and internet fraud, human trafficking, diamond smuggling, forgery, cigarette smuggling, money-laundering, arms manufacture, arms trafficking, and armed robbery as well as oil bunkering.

There are many factors leading to the increase of transnational organized crime rates in Nigeria and Benin Republic, of which high poverty rate, illiteracy, poor governance, corruption, ethnic violence, drug trafficking and drug addiction among others.It is imperative that this problem is examined with the objective of identifying the impact of transnational organized crimes a within Nigeria and Benin Republic as well as the measures taken by ECOWAS in order address this problem.

1.3 Aim and Objectives

The aim of the study is to examine the impact of transnational organized crimes a within Nigeria and Benin Republic and the measures taken by ECOWAS in order address this problem.

  1. discuss the concept of transnational organized crimes in West Africa;
  2. ascertain the nature and pattern of transnational organized crimes in Nigeria-Benin
  3. examine the responses of Nigerian and Beninoise governments to trans-border  crime;
  4. determine the extent to which Nigeria and Beninoise governments’ commitment to the ECOWAS protocol on free movement of persons and goods affected transnational organized crimes in the Nigeria-Benin border within the period covered in this work;
  5. highlight the roles of ECOWAS in controlling the crisis of transnational organized crimes within Nigeria – Benin borders;
  6. proffer recommendation on how to curb the transnational organized crimes in West Africa and Nigeria-Benin border in particular.

1.3       Research Objectives

The study aims at examine the impact of transnational organized crimes a within Nigeria and Benin Republic and the measures taken by ECOWAS.

  1. What concept of transnational organized crimes?
  2. What the types and pattern of transnational organized crimes in Nigeria-Benin?
  3. How does Nigerian and Beninoise governments response to trans-border  crime;
  4. To what extent does Nigeria and Beninoise governments’ commitment to the ECOWAS protocol on free movement of persons and goods affected transnational organized crimes in the Nigeria-Benin border within the period covered in this work?
  5. What are the roles of ECOWAS in controlling the crisis of transnational organized crimes within Nigeria – Benin borders?
  6. How transnational organized crimes can can be curb in West Africa and Nigeria-Benin border in particular?

 

1.5       Scope of the Study

The research examines the impact of transnational organized crimes a within Nigeria and Benin Republic and the measures taken by ECOWAS between 1999 and 2019. Therefore, In order to achieve the stated objectives, it analyses the impact of transnational organized crimes on both countries security, socio-cultural, economic and political development. Furthermore, it also look at the impacts of ECOWAS’s West Africa free movement of people and goods on the control of transnational organized crimes in Nigeria-Benin border, alongside the role of ECOWAS role in curbing transnational organized crimes in the region.

1.6       Significance of the Study

It is generally accepted that transnational organized crimes poses a threat to regional peace and undermines security and stability of nations, however, the roles of the governments and ECOWAS in curbing the problem. It is also impetus to state that this research is very significant to Nigeria-Benin relations and border management as it examines the common problems of transnational organized crimes. It as well facilitates the understanding of the security, political and economic implications of transnational organized crimes in both countries. It helps in the appreciation the approach of both Nigerian and Beninoise governments have taken to tackle transnational organized crimes in the Nigeria-Benin border as well as the role of ECOWAS in curbing the common problem.

It will also produce a comprehensive recommendation on how to curb transnational organized crimes within the region. The study will also be useful to sociologists, economists, political science, history students and international law students, researchers especially experts in international relations and organization as well as in relevant fields.

1.7       Research Methodology

The study shall adopt the historical research method. Further information will be sourced from both primary and secondary sources. The primary source shall include oral in-depth interviews, government archival documents and de classified diplomatic cables. The secondary sources shall include academic research journals, newspaper reports, published texts and web sources.

1.8       Operational Definition of Terms

Border: Refers to marker or line indicating a boundary separating nationstate, communities, culture and administrative units.

Crime: Refers to as acts of commission or omissions forbidden by law that can be punished by imprisonment and/or fine.

Nigeria-Benin Border: This refers to the boundary demarcation or boundary line separate borders of Nigeria and Benin Republic.

Transnational: Refers to activity across a border between two or more countries.

Transnational organized criminals: refers to those self-perpetuating associations of individuals who operate for the purpose of obtaining power, influence, monetary and/or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption and/or violence, or while protecting their illegal activities through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms and there is no single structure under which transnational organized criminals operate.

ECOWAS: Economic Community of West African States (ECOWAS) is regional transnational organization for West African countries established in 1975.