A United States federal judge, Beryl A. Howell, has sharply criticised the FBI and the Drug Enforcement Administration (DEA) over their prolonged failure to release records linked to Nigerian President Bola Tinubu, following a Freedom of Information request filed in 2022 by transparency advocate Aaron Greenspan, with support from investigative journalist David Hundeyin.
In a ruling delivered on February 3 at the U.S. District Court for the District of Columbia in Washington, D.C., Judge Howell condemned both agencies for dragging their feet in producing documents expected to clarify allegations connected to a narcotics-related case from the early 1990s, which reportedly led to Mr Tinubu forfeiting $460,000 to the U.S. government. Mr Greenspan, who heads data transparency organisation Plainsite, submitted the FOI request in June 2022.
The judge noted that repeated delays and missed deadlines by the FBI and DEA, coupled with constant requests for extensions, have stalled the matter for more than three years without meaningful progress. In response, she issued new deadlines and warned that further failures would not be tolerated, according to court records reviewed by Peoples Gazette.
In 2023, the FBI announced that it intended to release about 2,500 pages of records relating to Mr Tinubu in batches of 500 pages per month. However, the process was halted after Mr Tinubu strongly objected and sought a temporary suspension, arguing that the premature release of the records could negatively affect him while his presidential election was still under legal challenge before Nigeria’s Supreme Court. Judge Howell granted that request at the time.
Despite the Supreme Court eventually upholding Mr Tinubu’s election victory, the FBI and DEA continued to stall, repeatedly asking for new deadlines while failing to release the documents. The records are widely expected to shed light on long-standing claims linking Mr Tinubu to a cocaine trafficking investigation, allegations he has consistently denied.
The FBI was originally expected to submit an updated status report in May 2025 but postponed action for several months until January 2026, when it again sought more time, pushing for a February deadline. This latest request triggered Judge Howell’s strong rebuke.
In her ruling, the judge pointed out that the FBI had yet to produce a single document, despite initially projecting that its search would be completed by August 1, 2025. That target was later moved to September 1, 2025, with production slated to begin in December 2025, then shifted to January 23, 2026, and once again postponed to February 13, 2026, with little justification offered.
Judge Howell stressed that, like the DEA, the FBI had failed to provide a credible timeline for completing the processing and release of the requested records.
She also rejected the DEA’s explanation for withholding certain documents after releasing others. The agency claimed that some files were undergoing consultation with other government bodies but did not specify when those reviews would be concluded or when the materials would be made available to Mr Greenspan.
While acknowledging that the DEA had released some documents, the judge criticised the agency for repeatedly citing the same excuse over six months and four joint status reports to justify withholding twelve remaining pages.
As a result, Judge Howell ordered the DEA to supply Mr Greenspan with a Vaughn index explaining the basis for redacting 50 pages and withholding an additional 172 pages from the Tinubu records. For the twelve documents reportedly sent to other agencies, she directed that a DEA official must submit sworn affidavits detailing, on a page-by-page basis, when each document was sent for consultation, the expected completion date of the review, and what steps had been taken to speed up the process.
The judge similarly ordered the FBI to file sworn statements accounting for its repeated failure to meet deadlines, which she said had effectively obstructed the release of the requested records.
In addition, the FBI was instructed to hand over all non-exempt records relating to Mr Tinubu, in line with its earlier promise to deliver its first interim response within two weeks of January 30, 2026. The agency was also directed to present a clear schedule showing how it plans to release the second batch of 500 pages by March 13 and ensure that the final batch is made public by June 1, 2026.
Court filings further indicated that the FBI must submit a detailed status report outlining how it intends to meet its commitment to process and release non-exempt records at a rate of 500 pages per month until completion by June 1, 2026.
Judge Howell also ordered both the FBI and DEA to submit joint progress reports every 14 days, starting February 27, until all responsive records have been fully processed and released.
Earlier, in April 2025, the judge approved the CIA’s request to be removed from the case after the agency successfully argued that it had no records or intelligence related to Mr Tinubu.