A U.S. federal judge has ordered the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) to release investigative records relating to Nigerian President Bola Ahmed Tinubu, stemming from a purported narcotics trafficking investigation in the 1990s.
Judge Beryl Howell gave the order on Tuesday.
The development was sequel to a motion by Aaron Greenspan, an American who is seeking a reconsideration of an earlier ruling.
These requests sought details of a federal investigation into a heroin trafficking network allegedly involving Tinubu and others, including Abiodun Agbele, Mueez Akande, and Lee Andrew Edwards.
Greenspan’s FOIA requests were earlier denied by the FBI, DEA, Internal Revenue Service (IRS), Department of State, Executive Office for U.S. Attorneys (EOUSA), and Central Intelligence Agency (CIA), all of which invoked Glomar responses.
In his lawsuit, Greenspan argued that the agencies had improperly withheld information of significant public interest.
He also cited a verified complaint filed by the U.S. Department of Justice in 1993 seeking the forfeiture of $460,000 in funds linked to Bola Tinubu, which the U.S. government alleged were proceeds of drug trafficking.
The court documents include an affidavit by Kevin Moss, a Special Agent with the IRS at the time, who detailed the activities of a heroin ring operating in the Chicago area.
The affidavit indicated that Tinubu was being investigated in connection with financial transactions that allegedly laundered proceeds from narcotics trafficking.
“There is probable cause to believe that funds in certain bank accounts controlled by Bola Tinubu were involved in financial transactions in violation of U.S. laws and represent proceeds of drug trafficking,” Moss stated in his sworn affidavit.
The same affidavit tied Tinubu to Mueez Akande and Abiodun Agbele, noting that Agbele, arrested after selling white heroin to an undercover DEA agent, cooperated with investigators and revealed further links within the network.
In response to the FOIA lawsuit, President Tinubu intervened in October 2023, citing privacy concerns and objecting to the release of “confidential tax records” and “documents from federal law enforcement agencies.”
However, Judge Howell ruled that the public interest in understanding the records surrounding Tinubu’s alleged involvement outweighed the privacy interests claimed by the President.
“The public interest in learning about a sitting president’s possible connection to a major drug investigation is undeniably significant,” the judge wrote.
Although the CIA successfully defended its Glomar response — with the court ruling that Greenspan failed to show that the agency had officially acknowledged the existence or nonexistence of responsive records — the judge ordered all other agencies, excluding the CIA, to jointly file a report by May 2 on the status of outstanding issues in the case.
“The public interest in learning about a sitting president’s possible connection to a major drug investigation is undeniably significant,” the judge wrote.
Although the CIA successfully defended its Glomar response — with the court ruling that Greenspan failed to show that the agency had officially acknowledged the existence or nonexistence of responsive records — the judge ordered all other agencies, excluding the CIA, to jointly file a report by May 2 on the status of outstanding issues in the case.
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Legal analysts say the ruling could force the release of sensitive documents that have long been the subject of speculation and political controversy in Nigeria.
The forfeiture of the $460,000 in 1993 resurfaced during the 2023 Nigerian presidential elections, as opponents of Tinubu questioned his eligibility.
However, Nigeria’s election tribunal ultimately dismissed those challenges.
Reacting to the U.S. court’s decision, Greenspan said in a statement, “Transparency must prevail over secrecy when it comes to public officials. The American public, as well as Nigerians, deserve to know the truth.”
