A U.S. federal judge has ordered the FBI and DEA to release investigative records related to Nigerian President Bola Ahmed Tinubu linked to a suspected heroin trafficking investigation from the 1990s.
Judge Beryl Howell of the U.S. District Court for the District of Columbia issued the ruling on Tuesday, rejecting both agencies’ use of the “Glomar response”—a” policy allowing them to neither confirm nor deny the existence of records. According to Premium Times, the judge ruled that the agencies failed to justify withholding the documents under the Freedom of Information Act (FOIA).
The case was brought by transparency advocate Aaron Greenspan, founder of PlainSite.org, who sued in June 2023 after submitting 12 FOIA requests to U.S. law enforcement and intelligence agencies. These requests sought information on a federal probe into a heroin ring allegedly involving Tinubu and others, including Abiodun Agbele, Mueez Akande, and Lee Andrew Edwards.
Agencies including the FBI, DEA, IRS, Department of State, EOUSA, and CIA had denied Greenspan’s requests under the Glomar doctrine. Greenspan argued that the information was of significant public interest, referencing a 1993 DOJ forfeiture complaint of $460,000 linked to Tinubu — allegedly proceeds of drug trafficking.
Court documents featured an affidavit by former IRS Special Agent Kevin Moss, outlining Tinubu’s alleged ties to financial transactions connected to narcotics proceeds. The affidavit linked Tinubu to Akande and Agbele — the latter arrested after selling heroin to a DEA agent and later cooperating with investigators.
Tinubu intervened in the lawsuit in October 2023, objecting to the release of confidential tax records and law enforcement files, citing privacy concerns. Judge Howell, however, ruled that the public’s right to information about a sitting president’s potential criminal connections outweighed his privacy interests.
“The public interest in learning about a sitting president’s possible connection to a major drug investigation is undeniably significant,” she stated.
While the CIA successfully defended its Glomar response — arguing that disclosure could compromise intelligence sources and national security — the court ordered all other agencies to jointly report by May 2 on remaining issues in the case.
Legal analysts suggest the ruling could lead to the release of sensitive documents long at the center of speculation, especially during Nigeria’s 2023 elections, where Tinubu’s alleged past was raised by opponents. Nigeria’s election tribunal later dismissed challenges to his eligibility.
Greenspan praised the decision, saying, “Transparency must prevail over secrecy when it comes to public officials. The American public, as well as Nigerians, deserve to know the truth.”
Backdrop
The case (No. 1:23-cv-01816-BAH) centers on FOIA requests seeking criminal investigative records on Tinubu and others accused of running a heroin and money laundering operation in Chicago. U.S. agencies claimed that releasing such information could threaten national security.
The CIA emphasized that even acknowledging records related to Tinubu could reveal the identity of human sources, risking retaliation and undermining U.S. intelligence operations. CIA officer Mary C. Williams stated that exposing sources “can damage an entire spectrum of sources.”
Although Greenspan sued multiple agencies, he voluntarily dismissed the State Department, Treasury, and IRS from the case in August 2024.
The term “Glomar response” originates from a FOIA case involving the CIA’s secret recovery of a Soviet submarine using the Hughes Glomar Explorer — a mission the agency refused to acknowledge to protect national security.
The FBI and DEA had cited FOIA exemptions concerning privacy and law enforcement interests. However, the court ultimately found their arguments insufficient in this case.
Earlier, in September 2023, Nigeria’s Presidential Election Petition Tribunal struck out parts of Atiku Abubakar’s petition challenging Tinubu’s election win, citing insufficient evidence and procedural flaws — a ruling that also affected Peter Obi’s challenge of the victory of Mr. Tinubu as pronounced by INEC.
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