U.S. District Judge Beryl A. Howell lashed out at the FBI and the Drug Enforcement Administration (DEA) for employing “delay tactics” to frustrate the release of President Bola Tinubu’s records. The records were requested under a 2022 Freedom of Information Act (FOIA) filing by transparency campaigner Aaron Greenspan, with assistance from investigative journalist David Hundeyin.
Judge Howell, of the U.S. District Court for the District of Columbia, rebuked the agencies on February 3 for holding up the release of documents expected to shed light on a narcotics-trafficking case in the early 1990s. That case resulted in Mr. Tinubu surrendering $460,000 to the U.S. government. Mr. Greenspan, CEO of the data transparency group PlainSite, first filed the FOI request in June 2022.
The sluggishness of the FBI and DEA in honoring court submissions—marked by “incessant postponements”—has caused the case to linger for more than three years without any headway in sight, Judge Howell noted in her opinion. According to court filings seen by *Peoples Gazette*, the judge has now issued final ultimatums that the agencies must meet.
In 2023, the FBI announced plans to release 2,500 pages of Mr. Tinubu’s records in monthly batches of 500 pages. However, the release was stalled after Mr. Tinubu fiercely opposed the move, seeking a reprieve to protect his records pending a Nigerian Supreme Court judgment regarding his election victory. At the time, he claimed he would be “adversely affected” if the FBI records were released prematurely.
Judge Howell approved his request then. However, even after Mr. Tinubu’s victory was upheld, the FBI and DEA continued to delay, requesting new dates to process the long-sought records. These documents are anticipated to clarify the decades-long controversy regarding Mr. Tinubu’s role in a cocaine trafficking scheme. The Nigerian president has consistently denied any wrongdoing.
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The bureau, which was scheduled to submit an updated report in May 2025, adjourned for several months until January 2026, when it requested a new extension. This latest motion provoked Judge Howell’s ire.
“Defendant FBI has produced no records, despite initially anticipating completion of searches by August 1, 2025,” Judge Howell stated. She noted the date was pushed to September 1, then December 1, then January 23, 2026, and finally—with “minimal explanation”—to February 13, 2026.
“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,” the judge stressed.
Judge Howell also dismissed the DEA’s argument for withholding certain documents. The DEA claimed that specific files were “out for consult” with other agencies but failed to state when they would be available.
“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,” the judge said.
Consequently, she ordered the DEA to furnish Mr. Greenspan with a *Vaughn* index, detailing the specific reasons for redacting 50 pages and withholding 172 pages of the records.
Regarding the 12 records sent to unspecified agencies, Judge Howell ordered a DEA agent to file sworn affidavits explaining, page by page, when each record was sent for consultation, when the review is expected to be completed, and what steps have been taken to expedite the process.
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The judge further ordered the FBI to provide sworn statements explaining why the bureau has repeatedly missed crucial deadlines. She also directed the bureau to turn over all non-exempt documents, noting the FBI’s promise to provide a “first interim response within two weeks of January 30, 2026.”
The FBI must now provide a timetable detailing how it will submit the second batch of 500 pages by March 13, with a final deadline to complete all production 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’… with a plan to complete such processing and production by June 1, 2026,” the court filing stated.
Both the FBI and DEA are required to file a joint status report on their progress “every 14 days” starting February 27, until all responsive records are processed.
In a separate development in April 2025, the judge granted a motion to excuse the CIA from the case after the agency successfully argued there was no evidence it had collected intelligence on Mr. Tinubu.
