Atiku disagrees, as Presidency dismisses US court order on Tinubu

The Presidency on Sunday waved aside any talk of fresh revelations emerging from a United States court order instructing the Federal Bureau of Investigation and the Drug Enforcement Administration to make public files on President Bola Tinubu’s past investigation.

It noted that the records, which goes back to a drug trafficking investigation in Chicago from the early 1990s, have been in the public domain for over three decades and posed no fresh concerns for the President.

This followed a ruling by Judge Beryl Howell of the U.S. District Court in Washington, DC, who instructed both agencies to conduct searches and process non-exempt documents in response to Freedom of Information Act requests filed by American legal researcher Aaron Greenspan.

The court decision shows that the FBI and DEA must abide by Greenspan’s FOIA submissions related to a Chicago-based narcotics ring from the early 1990s—“involving Tinubu and three others: Lee Andrew Edwards, Mueez Akande, and Abiodun Agbele.”

“The FBI and DEA have both officially confirmed investigations of Tinubu relating to the drug trafficking ring,” the court stated, adding that “privacy interests are outweighed by the public interest in the release of such information.”

Reacting to the development, the President’s Special Adviser on Information and Strategy, Mr. Bayo Onanuga, said, “There is nothing new to be revealed. The report by Agent Moss of the FBI and the DEA has been in the public space for more than 30 years. The reports did not indict the Nigerian leader.”

Onanuga confirmed that government lawyers were reviewing the US judge’s ruling, arguing that the documents add no fresh dimension to Tinubu’s past.

The order, made by Judge Howell on April 8, instructs the FBI and DEA to institute searches and process any non-exempt documents in response to Freedom of Information Act requests filed by American legal researcher Aaron Greenspan.

Greenspan, who runs the transparency platform PlainSite, submitted 12 FOIA requests between 2022 and 2023.

His filings sought information on a Chicago-based drug trafficking operation from the early 1990s and included requests for records concerning Tinubu and three others: Lee Andrew Edwards, Mueez Akande, and Abiodun Agbele.

Until now, the FBI and DEA had issued “Glomar responses,” refusing to confirm or deny the existence of the records. However, the court ruled that such responses were not justified in this case.

It noted that both agencies had effectively confirmed the existence of investigations involving Tinubu and must now proceed with releasing relevant materials unless they are legally exempt.

In her decision, Judge Howell stressed that any potential privacy concerns were invalidated by the public interest in the case. The ruling noted that the agencies refused to make available sufficient justification for withholding the information.

The judgment read, “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 release of such information.

“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.”

While the FBI and DEA were ordered to comply with the FOIA requests, the court upheld the CIA’s decision to withhold records, after Greenspan acknowledged the agency had valid grounds under existing law.

All parties involved have been instructed to file a joint report on the progress of the case by May 2, 2025.

The judge ruled, “For the reasons discussed above, the plaintiff is entitled to summary judgment as to each of the four Glomar responses asserted by defendants FBI and DEA, while defendant CIA is entitled to summary judgment since its Glomar response was properly asserted.

“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. The remaining parties are directed to file jointly, by May 2, 2025, a report on the status of any outstanding issues in this case, as described in the accompanying order.”

The Special Adviser to Tinubu on Policy Communication, Daniel Bwala, on Sunday’s edition of Channels Television’s Politics Today, noted that the information being sought wouldn’t be different from what was already in the public domain.
He stated: “Nothing’s new at all. So, let’s wait for the 2nd of May because there is actually nothing that they are seeking for which has not been released. I mean it is intended to create unnecessary conversation as if there is an issue on the table.

“So, there is nothing actually in what was published in the ruling of the court that is new. Everything has been in the public domain for ages. But you know, the opposition will want to feast on it because in the absence of better ideas, that is the only thing they can cling on to, in the hope that they will probably misinterpret the public.

In his reaction, former Vice President Atiku Abubakar, who was Tinubu’s opponent in the 2023 presidential polls, has welcomed the American court’s order. He noted that if the announced records prove the President ineligible to hold office, Tinubu “should step aside” for the sake of Nigeria’s global image.

“Anyone occupying the Presidency must not be of tainted character,” Atiku said in a statement through his media aide, Paul Ibe. He added that the entire fiasco underscored the need for “full disclosure” on matters such as alleged forfeitures and academic credentials.

The former VP noted, “What it means is that the efforts of former Vice President Atiku Abubakar will not be in vain, and what will be uncovered is His Excellency’s attempt to ascertain exactly what transpired – the circumstances surrounding the forfeiture of thousands of dollars allegedly linked to drug trafficking—and the issue concerning the Chicago State University certificate.

“The reason is clear, the matter of the presidency of the Federal Republic of Nigeria, whoever occupies that position must not be someone of tainted character.

“The government must ensure full disclosure. It is important, Nigerians need to know the background, academic records, age, state of origin, and the schools the leader attended.”