The United States District Court of Columbia has ordered the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) to search for and release non-exempt records related to a criminal investigation involving Nigeria’s President Bola Tinubu over alleged drug trafficking, Okay.ng reports.
In a ruling dated April 8, Judge Beryl Howell directed both agencies to respond to Freedom of Information Act (FOIA) requests submitted by American researcher Aaron Greenspan.
Greenspan, between 2022 and 2023, filed 12 FOIA requests seeking information related to a Chicago-based drug trafficking ring operational in the early 1990s.
The requests specifically mentioned Bola Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande, and Abiodun Agbele.
Initially, both the FBI and DEA refused to confirm or deny the existence of such documents, using what is known as a “Glomar response.”
However, the court declared these Glomar responses improper, emphasizing the public’s significant interest in transparency regarding the allegations against President Tinubu.
The judgement reads:
“The FBI and DEA have both officially confirmed investigations of Tinubu relating to the drug trafficking ring. Any privacy interests implicated by the FOIA requests to the FBI and DEA for records about Tinubu are overcome by the public interest in the release of such information.”
Judge Howell further stated:
“Since the FBI and DEA have provided no information to establish that a cognizable privacy interest exists in keeping secret the fact that Tinubu was a subject of criminal investigation, they have failed to meet their burden to sustain their Glomar responses and provide an additional reason why these responses must be lifted.”
Conversely, the court upheld the CIA’s decision to issue a Glomar response, ruling it was properly asserted. Judge Howell ordered:
“Accordingly, the FBI and DEA must search for and process non-exempt records responsive to the FOIA requests directed to these agencies. The CIA, meanwhile, is entitled to judgment in its favour in this case.”
Both the FBI and DEA have until May 2, 2025, to file a joint status report updating the court on their compliance with the order and resolution of any outstanding issues in the case.
