A United States federal judge has sharply criticised the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) over what she described as prolonged delay tactics in releasing records linked to Nigerian President Bola Ahmed Tinubu, ordering both agencies to comply with strict new timelines.
According to Peoples Gazette, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia delivered the rebuke while presiding over a Freedom of Information (FOI) case filed in 2022 by transparency advocate Aaron Greenspan, assisted by investigative journalist David Hundeyin.
The judge spoke on February 3 during proceedings in Washington, D.C., where she faulted the agencies for stalling the release of records expected to shed light on a narcotics-trafficking case from the early 1990s, during which Mr Tinubu forfeited $460,000 to the U.S. government. Greenspan, who is the CEO of data transparency group Plainsite, initially filed the FOI request in June 2022.
Judge Howell said persistent postponements by the FBI and DEA had dragged the case on for more than three years without meaningful progress. According to court filings reviewed by Peoples Gazette, the judge issued fresh ultimatums, warning that the new deadlines must be strictly observed.
The FBI had earlier indicated in 2023 that it would release approximately 2,500 pages of records in monthly batches of 500 pages. However, the process stalled after President Tinubu opposed the disclosure and sought legal relief to delay the release pending a Nigerian Supreme Court ruling on his presidential election victory. He argued that premature release of the records would leave him “adversely affected.”
Although Judge Howell granted that request at the time and the Nigerian Supreme Court later upheld Mr Tinubu’s victory, the FBI and DEA continued to seek extensions, repeatedly requesting new processing dates. The records are widely anticipated to address long-standing controversies surrounding alleged links to a cocaine trafficking operation — allegations the Nigerian president has consistently denied.
Court records show the FBI was expected to submit an updated status report in May 2025 but delayed repeatedly until January 2026, when it requested another extension to February — a move that reportedly angered the judge.
“Defendant FBI has produced no records, despite initially anticipating completion of searches by August 1, 2025, Joint Status Report (May 1, 2025), later pushed to September 1, 2025, [51] Joint Status Report (June 30, 2025); and production to begin by December 1, 2025, [51] Joint Status Report (June 30, 2025), later pushed to January 23, 2026, [62] Joint Status Report (December 1, 2025), and pushed again, with minimal explanation, to February 13, 2025,” Ms Howell said.
She further stressed, “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.”
Judge Howell also rejected the DEA’s argument that it had partially complied by releasing some documents while withholding others for over six months. The agency had claimed the remaining documents were “out for consult” with other government agencies but failed to provide a clear timeline for their release.
“Defendant DEA has produced some documents; see [54] Joint Status Report (August 7, 2025), but has parroted the same message for the past six months and four joint status reports regarding twelve remaining pages not yet produced,” the judge said.
As part of her orders, Judge Howell directed the DEA to provide Mr Greenspan with a Vaughn index explaining the legal basis for redacting 50 pages and withholding 172 pages of Mr Tinubu’s records.
For an additional 12 records currently under inter-agency review, the judge ordered a DEA agent to submit sworn affidavits explaining, on a page-by-page basis, when each document was forwarded for consultation, expected completion timelines, and steps already taken to fast-track the release.
The court also ordered the FBI to file sworn statements explaining repeated missed deadlines and to immediately begin releasing all non-exempt documents relating to Mr Tinubu. This follows the bureau’s earlier commitment to deliver its first interim response within two weeks of January 30, 2026.
Additionally, the FBI was directed to submit a detailed timetable showing how it intends to release the second batch of 500 pages by March 13 and complete the final batch by June 1, 2026.
“Submit to the court a detailed status report on how the FBI is fulfilling its representation that ‘the second interim response is anticipated for March 13, 2026,’ id., with production of segregable non-exempt information at the rate of 500 pages reviewed per month, and a plan to complete such processing and production by June 1, 2026,” court filings stated.
The judge further ordered both the FBI and DEA to submit joint progress reports every 14 days starting February 27 until the full processing and release of all responsive records is completed.
Earlier in April 2025, the court granted a request by the Central Intelligence Agency (CIA) to be removed from the case after the agency successfully argued there was no evidence it had collected intelligence on Mr Tinubu.
