Tinubu Files Court Motion to Block Release of US Drug Records

West Africa WeeklyAugust 29, 20262 Mins read32

President Bola Tinubu has filed a motion in a United States federal court seeking to block the release of records held by the Department of Justice, FBI and DEA, arguing in court documents that releasing the files would violate his privacy rights because they contain details of a possible criminal investigation.

The 16-page motion was filed by Tinubu’s legal team in response to a Freedom of Information Act lawsuit brought by American transparency activist Aaron Greenspan, who is seeking the FBI’s complete file on Tinubu, including Form 302 interview records from 1992 and 1993, and documents related to a 1993 civil forfeiture proceeding. In the filing, Tinubu’s lawyers argued that the earlier forfeiture proceedings did not reveal the details of a possible criminal investigation or its results involving Tinubu.

This marks the first time Tinubu has formally acknowledged in court that the records relate to a criminal investigation, a significant departure from the presidency’s long-standing position that no such criminal case exists against him. The lawyers further argued that an individual retains a privacy interest even if they were previously publicly associated with criminal activity.

The underlying case dates back to 1993, when the US Department of Justice filed a civil forfeiture action in the Northern District of Illinois, alleging that proceeds from a Nigeria-based heroin trafficking network were deposited into bank accounts associated with Tinubu. Tinubu surrendered $460,000 as part of a settlement, though he was never criminally charged or convicted.

Tinubu’s legal team has maintained that the forfeiture was civil, not criminal, and that he has never been convicted of any drug-related offence in the United States. However, the court filing itself concedes that the records relate to a possible criminal investigation, a direct contradiction of the presidency’s previous position.

The lawyers also argued that the records are being sought to influence politics in a foreign nation and that even the Nigerian public’s interest in his background and fitness for office does not give the public a right under FOIA to obtain the withheld information. The FBI has separately asked the court to allow it to keep some records secret, citing the need to protect law-enforcement methods and the safety of individuals.

A Washington-based lobbying firm retained by former Vice President Atiku Abubakar has been actively pushing for the release of the documents and has interpreted Tinubu’s court filing as an admission. The firm stated that Tinubu finally admits that the dispute involves criminal records concerning him and pleads with the court to block the records from being released.

The US court is currently deciding whether the records should be released under FOIA. If the records are released, they could provide the first public glimpse into the full extent of the US investigation into Tinubu’s alleged involvement in drug trafficking. Until then, the President’s fight to keep them secret will continue to fuel speculation about what he is hiding.