By Myke Agunwa
President Bola Tinubu has begun moves to frustrate the release of drug investigation documents following the order of Judge Beryl A. Howell of the United States District Court for the District of Columbia.
Pointblanknews.com gathered that some powerful legal eggheads, led by Nigeria’s Minister of Justice and Attorney General of the Federation Lateef Fagbemi (SAN), received a marching order to ensure that the documents are not released or ensure that no further incriminating document is on the list if it will be made public.
A source very close to the Presidency but not authorized to speak on the matter disclosed to our reporter that the Nigerian authorities tried to appeal the court order, but since it was not a party in the litigation, it lacked locus standi.
“President Tinubu is not a direct party to this FOIA lawsuit and therefore does not have standing to appeal the court’s decision. Nonetheless, his legal team has filed a motion to intervene in the case to protect his privacy interests.”
According to the source, several options are on the table on how the FOIA report can be stopped from becoming a public document.
“First of all, a window of discussion between the Nigerian government and the government of United State have been opened and all diplomatic channels are being explored to ensure the relationship between both countries are not strained following the release of the document”.
It was also learnt that the legal team are also seeking to be joined in the suit before 90 days so that they can present further argument that will frustrate the release of the much awaited documents.
According to the source, “Some of the arguments being canvassed by the legal team is that the documents fall under FOIA Exemption 6 or 7(C), which protects personal privacy and cannot be released to the public. The release would cause unwarranted invasion of privacy, especially if the documents are not directly tied to official misconduct.
“They will also ask the court to issue a protective order to prevent the release of specific documents or categories of documents with sensitive information like addresses, tax records, financial information.
“They will also argue that the anti-graft agencies are not legally obligated to release the records under FOIA due to valid exemptions”.
Recall that a U.S. federal court had ordered the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) to release documents related to a 1990s drug trafficking investigation involving Nigerian President Bola Tinubu. The ruling, issued by Judge Beryl Howell of the U.S. District Court for the District of Columbia, stems from a Freedom of Information Act (FOIA) lawsuit filed by American transparency advocate Aaron Greenspan and a Nigerian investigative journalist, David Hundeyin in June 2023.
Their FOIA requests sought information on a Chicago-based heroin trafficking ring operating in the early 1990s, which allegedly involved Tinubu and three others: Lee Andrew Edwards, Mueez Abegboyega Akande, and Abiodun Agbele. Initially, the FBI and DEA issued “Glomar responses,” refusing to confirm or deny the existence of the requested records. However, Judge Howell ruled that such responses were improper in this case, stating that the agencies failed to demonstrate a valid reason for withholding the information.
The court emphasized that any privacy interests were outweighed by the public’s right to know, particularly given the official confirmation of investigations into Tinubu’s alleged involvement in the drug trafficking ring.
While the court initially set a deadline of May 2, 2025, for the release of the documents, the FBI and DEA have requested a 90-day extension to complete their searches and processing of non-exempt materials.
This development has reignited discussions about President Tinubu’s past, especially considering a 1993 civil forfeiture case in which he reportedly surrendered $460,000 to U.S. authorities, funds allegedly linked to narcotics trafficking and money laundering.
Initially, the presidency had claimed the much expected information has nothing new to reveal about the president. “There is nothing new to be revealed. The report by Agent Moss of the FBI and the DEA report have been in the public space for more than 30 years. The reports did not indict the Nigerian leader,” Bayo Onanuga, Spokesperson to the president stated. He further noted that lawyers are currently reviewing the U.S. court ruling.