The US District Court for the District of Columbia has ordered top law enforcement agencies to release confidential information related to President Bola Ahmed Tinubu during a “purported federal investigation in the 1990s.”
Beryl Howell, the judge, made the order on Tuesday, April 8.
Responding to a motion by Aaron Greenspan, an American who is seeking a reconsideration of an earlier ruling, Howell said protecting the information from public disclosure is “neither logical nor plausible.”
Greenspan had accused US agencies of violating the Freedom of Information Act (FOIA) by refusing to release records related to federal investigations into President Tinubu and one Abiodun Agbele.
In her ruling, Howell said the agencies’ attempt to shield the information from public disclosure is neither logical nor plausible.
She specifically faulted the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) for relying on so-called ‘Glomar’ responses—refusals to confirm or deny the existence of records.
The judge ruled that both agencies failed to demonstrate that their reliance on Glomar responses was justified under FOIA exemptions. “Since it has already been acknowledged that Tinubu was the subject of investigation by the FBI and DEA, continuing to withhold that information is not defensible,” Howell said.
Greenspan argued that the public’s right to access the records outweighs any privacy concerns. He also cited previous official acknowledgments of investigations involving both Tinubu and Agbele, as well as confirmation by the CIA that it holds responsive records related to Tinubu.
Background of the case
On October 20, 2023, Greenspan filed an emergency motion seeking a hearing to compel the US agencies to immediately produce records responsive to his FOIA requests.
He cited the Nigerian Supreme Court’s plan to begin hearing arguments in three days in a litigation contesting Tinubu’s 2023 election as the President of Nigeria.
Three days later, on October 23, 2023, Greenspan’s emergency motion was denied for failing to “satisfy any of the requirements for emergency injunctive relief.”
Also on that same day, President Tinubu moved to intervene in the case, citing his privacy interests in his “confidential tax records” and “documents from federal law enforcement agencies that fall within the Privacy Act or exceptions to FOIA and should not be disclosed.”
In 1993, Tinubu was said to have forfeited $460,000 to the American government after authorities linked the funds to proceeds of narcotics trafficking.
The issue of Tinubu’s forfeiture of the funds featured prominently at the Presidential Election Petition Court when his opponents, Atiku Abubakar and Peter Obi, challenged the president’s eligibility to contest Nigeria’s presidency. But the election court, in a unanimous decision, dismissed the suits, affirming Tinubu’s election.
However, on Tuesday, Judge Howell ruled partly in favour of Greenspan in the US case.
As part of his case for reconsideration under the Freedom of Information Act (FOIA), Aaron Greenspan submitted a verified complaint and affidavit filed by the US Department of Justice (DOJ) on July 26, 1993, in the Northern District of Illinois.
The legal documents sought the civil forfeiture of funds held by President Bola Tinubu in First Heritage Bank, which authorities alleged were linked to a drug trafficking investigation.
The affidavit, written by IRS Special Agent Kevin Moss, outlined the drug trafficking activities of Abiodun Agbele, which served as the basis for seeking the forfeiture of Tinubu’s funds.
Moss’s investigation revealed that Agbele was arrested while selling white heroin to an undercover agent, unknowingly, as the buyer was posing as a customer.
Upon arriving in the United States, Agbele reportedly identified a man named Akande, who had also been linked to Tinubu, as his uncle. Agbele claimed that Akande had helped him secure an apartment in Hammond, Indiana, a detail provided by DEA agents.
Further investigations by the DEA revealed that Agbele had sold heroin to other individuals on multiple occasions. Using an undercover operation, DEA agents, with the help of a confidential informant, arranged for Agbele to sell one ounce of white heroin to a law enforcement officer working undercover.
Following the sale, Agbele was arrested and agreed to cooperate with the investigation.
The affidavit further detailed how the DEA uncovered a lease application completed by Agbele during their investigation. It also confirmed that both the FBI and DEA had conducted investigations into Tinubu as part of the broader probe into Agbele’s drug trafficking activities.
The documents affirmed that there was probable cause to believe that funds held in accounts controlled by Tinubu were involved in financial transactions violating US law and represented proceeds of drug trafficking.
Nurudeen Akewushola is an investigative reporter and fact-checker with The ICIR. He believes courageous in-depth investigative reporting is the key to social justice, accountability and good governance in society. You can reach him via nyahaya@icirnigeria.org and @NurudeenAkewus1 on Twitter.