Fabian Apechihin

A United States federal judge, Beryl A. Howell, has sharply criticised the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) over what she described as deliberate delays in releasing records related to Nigerian President Bola Tinubu.

The documents are being sought through a Freedom of Information Act (FOIA) request filed in 2022 by transparency advocate Aaron Greenspan, with backing from investigative journalist David Hundeyin. The records are expected to provide details on a narcotics-related case from the early 1990s that led to Tinubu forfeiting $460,000 to the U.S. government—allegations he has consistently denied.

In a ruling delivered on February 3, Judge Howell of the U.S. District Court for the District of Columbia rebuked both agencies for repeatedly missing court-ordered deadlines, noting that the case has dragged on for more than three years without substantial progress.

She subsequently imposed new deadlines, warning that further delays would no longer be tolerated.

Greenspan, the founder of transparency platform Plainsite, filed the FOIA request in June 2022. In 2023, the FBI announced it would release approximately 2,500 pages of Tinubu-related records in monthly batches of 500 pages. However, the process stalled after Tinubu opposed the disclosure, requesting a delay pending the outcome of a Nigerian Supreme Court case challenging his election victory. He argued at the time that releasing the records would “adversely affect” him.

Although Judge Howell approved the temporary pause and Tinubu’s election was later upheld, the FBI and DEA continued to seek extensions, further slowing the release of records linked to longstanding allegations of involvement in cocaine trafficking.

Court filings show that the FBI was expected to submit an updated status report in May 2025, but delayed until January 2026, when it sought yet another extension to February—prompting sharp criticism from the court.

“Defendant FBI has produced no records, despite initially anticipating completion of searches by August 1, 2025,” Howell stated, adding that deadlines had been repeatedly shifted with “minimal explanation.”

She further noted that, like the DEA, the FBI had failed to provide a credible timeline for completing the processing and release of the requested documents.

Judge Howell also dismissed the DEA’s justification for withholding documents for more than six months under the guise of inter-agency consultations.

“Defendant DEA has produced some documents … but has repeated the same explanation for six months and four joint status reports concerning twelve remaining pages not yet released,” she said.

The court ordered the DEA to provide Greenspan with a Vaughn index detailing the legal basis for redacting 50 pages and withholding 172 pages of the records. The agency was also directed to submit sworn affidavits explaining, page by page, when the remaining documents were sent for consultation, expected review timelines, and steps taken to expedite the process.

Similarly, the FBI was ordered to file sworn statements accounting for its repeated failure to meet court deadlines and to begin releasing all non-exempt Tinubu-related records. The bureau was instructed to deliver an initial batch within two weeks of January 30, 2026, submit a detailed schedule for releasing the second batch of 500 pages by March 13, and complete full disclosure by June 1, 2026.

Judge Howell further ordered both agencies to file joint status reports every 14 days, starting February 27, until all responsive records have been processed and released.