US Judge Issues Final Ultimatum as FBI, DEA Stall Release of Tinubu’s Criminal Records

A United States judge, Beryl A. Howell, has criticised the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) for what she described as deliberate delay tactics aimed at obstructing the release of records related to President Bola Tinubu.

The records are being sought under a 2022 Freedom of Information Act (FOIA) request filed by transparency advocate Aaron Greenspan, with support from investigative journalist David Hundeyin.

Judge Howell of the U.S. District Court for the District of Columbia, Washington, D.C., on February 3 rebuked both agencies for repeatedly stalling the release of Tinubu’s records, which are expected to shed light on a narcotics-related case from the early 1990s that resulted in Tinubu forfeiting $460,000 to the U.S. government. Greenspan, the CEO of transparency platform Plainsite, filed the FOIA request in June 2022.

In her ruling, Howell said the FBI and DEA had failed to honour court deadlines, with persistent postponements causing the case to drag on for more than three years without meaningful progress.

She subsequently issued fresh deadlines, warning that further delays would not be tolerated.

In 2023, the FBI announced plans to release about 2,500 pages of Tinubu’s records in monthly tranches of 500 pages. However, the process stalled after Tinubu opposed the disclosure and requested a delay pending the outcome of a Supreme Court case in Nigeria challenging his election victory. Tinubu argued that premature disclosure would “adversely affect” him.

Although Judge Howell approved the temporary delay at the time, 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 a cocaine trafficking case, allegations Tinubu has consistently denied.

According to court filings, the FBI was expected to submit an updated status report in May 2025 but delayed the process until January 2026, when it sought another extension to February — a request that drew sharp criticism from the court.

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

“Similar to the current posture of the DEA in this case, the FBI has provided no reliable end date for the processing and production of responsive records,” she added.

Judge Howell also rejected the DEA’s claim that it could release some documents while withholding others for more than six months on the grounds that they were undergoing consultation with other agencies.

“Defendant DEA has produced some documents … but has parroted the same message for the past six months and four joint status reports regarding twelve remaining pages not yet produced,” she said.

The judge ordered the DEA to provide Greenspan with a Vaughn index explaining the basis for redacting 50 pages and withholding 172 pages of Tinubu’s records. She further directed the agency to submit sworn affidavits detailing, page by page, when the remaining documents were sent out for consultation, expected timelines for review, and steps taken to speed up the process.

Judge Howell also ordered the FBI to file sworn statements explaining its repeated failure to meet court deadlines and directed the bureau to release all non-exempt records related to Tinubu, beginning with an initial batch promised within two weeks of January 30, 2026.

The FBI was additionally instructed to submit a detailed timetable showing how it plans to release the second batch of 500 pages by March 13, and complete the full disclosure by June 1, 2026.

The court further ordered both the FBI and DEA to submit joint status reports every 14 days starting February 27 until all responsive records are processed and released.

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