A U.S. District Court in Washington, D.C., has ordered top American law enforcement agencies to make public certain documents related to Nigerian President Bola Tinubu
Judge Beryl Howell issued the order on Tuesday while ruling on a motion filed by Aaron Greenspan, an American citizen who is seeking a reconsideration of a previous court ruling. Greenspan accused the agencies, including the FBI and DEA, of violating the Freedom of Information Act (FOIA) by failing to release documents tied to alleged federal investigations into Tinubu and one Abiodun Agbele.
Judge Howell declared that the agencies’ refusal to confirm or deny the existence of records—a stance known as a “Glomar” response—was “neither logical nor plausible.” She said both the FBI and DEA failed to properly justify their decision to withhold the information under FOIA.
The judge emphasized that once it was acknowledged that Tinubu had been investigated by the FBI and DEA, their claim that the Glomar response was needed to protect sensitive information could no longer stand.
Greenspan, in his motion, argued that the agencies had already officially acknowledged investigations into Tinubu and Agbele’s alleged links to a drug trafficking ring. He further claimed that any privacy concerns were outweighed by the public’s right to know.
In 1993, Tinubu forfeited $460,000 to the U.S. government after authorities linked the funds to narcotics proceeds. This issue resurfaced during the 2023 Nigerian presidential election petitions, where opponents Atiku Abubakar and Peter Obi challenged Tinubu’s eligibility. However, the court upheld Tinubu’s election in a unanimous ruling.
Despite that, Tuesday’s decision marks a partial victory for Greenspan, as Judge Howell ruled that the FOIA exemptions cited by the agencies were invalid and must be lifted.
She concluded that under FOIA rules, a requester can challenge Glomar responses either by proving potential harm from disclosure is unfounded or by showing that the agency has already acknowledged the information. Greenspan, she said, had successfully made both arguments.
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