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U.S. judge orders FBI, DEA to explain repeated delays in releasing Tinubu records
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Court sets fresh deadlines, demands sworn affidavits and biweekly progress reports
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Records linked to 1990s narcotics forfeiture under long-running FOI request
A United States federal judge has sharply criticised the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) over persistent delays in releasing records linked to President Bola Tinubu, issuing what the court described as a final ultimatum.
Justice Beryl A. Howell of the U.S. District Court for the District of Columbia expressed frustration with the agencies’ repeated failure to meet court-approved timelines in a Freedom of Information Act (FOIA) case filed in June 2022 by transparency advocate Aaron Greenspan, with support from investigative journalist David Hundeyin.
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The records, sought for over three years, are expected to provide clarity on a 1990s narcotics-related forfeiture in which Mr Tinubu surrendered $460,000 to the U.S. government, an allegation the Nigerian president has consistently denied.
In a ruling dated February 3, 2026, the judge faulted both agencies for what she described as unjustified postponements that have stalled the case without tangible progress.
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Court filings showed that the FBI had earlier promised to release 2,500 pages of documents in monthly batches of 500 pages, beginning in 2023.
However, the process stalled after Mr Tinubu opposed the release and sought court protection pending the outcome of Nigeria’s Supreme Court ruling on his 2023 election victory.
Although the court temporarily granted that request, Justice Howell noted that the delays continued even after the Supreme Court upheld Mr Tinubu’s election, with the FBI repeatedly shifting deadlines without adequate explanation.
The judge cited multiple missed timelines, stressing that the FBI had produced no records despite earlier assurances that searches and disclosures would begin as early as August 2025, with subsequent dates also missed.
Justice Howell similarly criticised the DEA, which had released some documents but withheld others for over six months, claiming they were undergoing inter-agency consultations without providing a clear timeline.
She consequently ordered the DEA to submit a Vaughn index, detailing reasons for redacting 50 pages and withholding 172 pages, and directed that sworn affidavits be filed explaining delays relating to 12 outstanding documents.
The court further ordered the FBI to submit sworn statements explaining its failure to meet deadlines and to immediately begin releasing all non-exempt records relating to Mr Tinubu.
Under the new directive, the FBI is expected to release its second batch of records by March 13, 2026, with full disclosure completed no later than June 1, 2026, while both agencies must file joint status reports every 14 days beginning February 27.
The court also confirmed that the Central Intelligence Agency (CIA) had earlier been excused from the case after establishing that it held no intelligence records related to Mr Tinubu.