The US District Court for the District of Columbia has ordered the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) to disclose information related to purported federal investigations involving President Bola Tinubu and one Abiodun Agbele.
Judge Beryl Howell issued the ruling on Tuesday in response to a motion by American requester Aaron Greenspan, who sought reconsideration of an earlier decision.
According to reports, Judge Howell held that the agencies’ “Glomar” responses neither confirming nor denying the existence of records were “neither logical nor plausible” at this stage.
The judge noted that the agencies had already acknowledged Tinubu as a subject of investigation involving both the FBI and DEA, making continued withholding inconsistent.
Howell explained that a FOIA requester can challenge Glomar responses in two main ways:
– By disputing the agency’s claim that confirming or denying records would cause cognizable harm under a FOIA exemption, or
– By showing the agency has “officially acknowledged” otherwise exempt information through prior disclosure, thereby waiving its right to claim exemption.
Greenspan argued both grounds applied, citing:
– DEA’s official confirmation of investigations into Agbele’s involvement in a drug trafficking ring
– FBI and DEA acknowledgments of investigations into Tinubu related to the same ring
– Public interest outweighing any privacy concerns
– CIA’s official acknowledgment of responsive records about Tinubu
The court partly ruled in Greenspan’s favour, ordering the agencies to lift their Glomar responses and process the FOIA requests accordingly.
Background
Tinubu forfeited $460,000 to the US government in 199 after authorities linked the funds to proceeds of narcotics trafficking—a matter that featured prominently during the 2023 Presidential Election Petition Court proceedings, where his opponents Atiku Abubakar and Peter Obi challenged his eligibility.
The election court unanimously dismissed the suits, affirming Tinubu’s victory.
The current FOIA case revives public interest in those historical records, with Greenspan seeking transparency on any federal investigations tied to the forfeiture and related matters.
The ruling requires the FBI and DEA to release non-exempt portions of responsive records, subject to standard FOIA redactions.
No immediate comment has been issued by the Nigerian government or President Tinubu’s office on the decision.
