By George Oshogwe Ogbolu

The United States District Court for the District of Columbia has ordered that confidential information about Nigerian President Bola Ahmed Tinubu, related to a purported federal investigation in the 1990s, be made public.

The order, issued on Tuesday by Judge Beryl Howell, demands that top U.S. law enforcement agencies release documents related to their investigation of Tinubu.

Naija News gathered that the decision follows a lawsuit filed in June 2023 by Nigerian investigative journalist David Hundeyin and American citizen Aaron Greenspan under the Freedom of Information Act (FOIA). Greenspan had sued multiple U.S. agencies, including the FBI, CIA, IRS, DEA, and the U.S. State Department, accusing them of failing to release documents concerning the investigation into Tinubu’s alleged involvement in drug trafficking during the 1990s.

According to Premium Times, Greenspan’s suit stemmed from FOIA requests he filed between 2022 and 2023, seeking information about a joint investigation conducted by the FBI, IRS, DEA, and U.S. Attorneys in Northern Indiana and Northern Illinois. He specifically requested criminal records related to four individuals allegedly associated with a heroin trafficking ring, including Bola Tinubu, Abiodun Agbele, Lee Andrew Edwards, and Mueez Abegboyega Akande.

In response, the agencies issued “Glomar” responses, refusing to confirm or deny the existence of the requested documents. Greenspan challenged these responses, claiming that the information was public and should not be withheld under FOIA exemptions.

Judge Howell’s ruling partially favored Greenspan, stating that the “Glomar” responses issued by the FBI and DEA were improper. The judge noted that the claim of protecting this information from public disclosure was “neither logical nor plausible” given that the investigation into Tinubu was already acknowledged by both agencies.

The judge emphasized that FOIA requests can challenge agencies’ assertions that confirming or denying the existence of records would result in harm, and that the FBI and DEA had effectively waived their right to withhold certain information. Howell pointed out that both agencies had previously acknowledged the investigation into Tinubu and Agbele, including confirmation that the FBI and DEA investigated Tinubu’s alleged links to drug trafficking.

In contrast, the CIA was not required to release its documents, as the court found that Greenspan had failed to show that the CIA had ever officially acknowledged the existence or nonexistence of the records related to his FOIA request.

The case revolves around a 1993 incident where Tinubu allegedly forfeited $460,000 to the U.S. government after it was linked to proceeds from narcotics trafficking. This issue had previously featured in legal challenges to Tinubu’s candidacy during Nigeria’s 2023 presidential election, with his opponents questioning his eligibility based on this matter. However, the Presidential Election Petition Court dismissed the challenges, affirming Tinubu’s eligibility.

Court documents filed by Greenspan included an affidavit detailing an investigation into Agbele’s involvement in a heroin trafficking ring, which allegedly involved Tinubu’s funds. The affidavit revealed that Agbele, who was arrested during a DEA operation, had cooperated with authorities and provided information linking Tinubu to the drug trade. Further investigation led to the identification of bank accounts controlled by Tinubu, which were suspected of being involved in money laundering related to the trafficking operation.

Judge Howell’s ruling allows for the release of documents related to Tinubu and Agbele, but with the CIA’s Glomar response upheld for now. The court has ordered the relevant U.S. agencies to file a report by May 2 on the status of any remaining issues in the case.