The Nigerian presidency has responded to a recent US court order mandating the release of FBI and DEA files related to a past drug trafficking investigation involving President Bola Tinubu. The presidency maintains that the information sought, stemming from a case in Chicago in the early 1990s, is already public knowledge and holds no new revelations. They assert that the documents, including a report by FBI Agent Moss, have been available for over three decades and do not implicate the President. Government lawyers are currently reviewing the ruling, but the presidency’s stance remains firm that the case presents no fresh concerns.
The court order, issued by Judge Beryl Howell of the U.S. District Court in Washington, D.C., directs the FBI and DEA to comply with Freedom of Information Act (FOIA) requests filed by American legal researcher Aaron Greenspan. Greenspan, who operates the transparency platform PlainSite, submitted multiple FOIA requests between 2022 and 2023, seeking information about the Chicago drug trafficking operation and specifically requesting records related to Tinubu and three other individuals. Previously, the agencies had issued “Glomar responses,” neither confirming nor denying the existence of such records. However, the court ruled that these responses were inadequate, stating that both agencies had effectively acknowledged the existence of investigations involving Tinubu and are now required to release relevant, non-exempt materials.
Judge Howell’s decision emphasizes that the public interest in the case outweighs any potential privacy concerns, noting that the agencies failed to adequately justify withholding the information. The court’s ruling specifically states that the FBI and DEA’s confirmation of investigations related to Tinubu, coupled with their inability to demonstrate a valid privacy interest, necessitates the release of the requested information. While the FBI and DEA were compelled to comply with the FOIA requests, the CIA’s decision to withhold certain records was upheld by the court, a point conceded by Greenspan based on existing legal exemptions. All parties are required to submit a joint status report on the case by May 2, 2025.
Reactions to the court order have been varied. Presidential advisors have echoed the presidency’s position, downplaying the significance of the ruling and emphasizing that the information sought is already in the public domain. They argue that the media and opposition are attempting to create unnecessary controversy by misinterpreting the situation. However, former Vice President Atiku Abubakar, who was Tinubu’s opponent in the 2023 presidential election, has welcomed the court’s decision. Abubakar argues that if the released records reveal information that disqualifies Tinubu from holding office, he should resign for the sake of Nigeria’s international reputation. He stressed the importance of transparency regarding matters like alleged forfeitures and academic credentials, particularly for someone holding the presidency.
Abubakar underscored the global implications of the case, emphasizing Nigeria’s position as the world’s largest Black democracy and the importance of upholding its image. He argued that the matter transcends domestic politics and impacts the entire global Black community. He reiterated his call for full disclosure and emphasized that if Tinubu is found to be ineligible, he should step down to avoid further tarnishing the country’s reputation. He also highlighted the importance of setting a positive example for Nigerian youth, who are closely watching the unfolding events.
The People’s Democratic Party (PDP) has also weighed in on the court ruling, asserting that it presents an opportunity for Nigerians to gain a clearer understanding of their president. A PDP spokesperson urged Tinubu to cooperate fully with the court’s order and refrain from appealing the decision, emphasizing the importance of transparency and accountability. They called on Tinubu to allow the legal process to unfold unimpeded, arguing that this is his chance to definitively clear his name if he has nothing to hide. The PDP believes that the released information will empower Nigerians to make informed decisions based on the truth and factual record.