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US court orders FBI, anti-drug agency to release investigation dossiers on Tinubu

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President Bola Tinubu

The judge, Beryl Howell, made the order on Tuesday, saying that protecting the information from public disclosure is “neither logical nor plausible.”

The United States District Court for the District of Columbia has ordered top US law enforcement agencies to release confidential information generated on President Bola Tinubu during a “purported federal investigation in the 1990s.”

The judge, Beryl Howell, made the order on Tuesday, saying that protecting the information from public disclosure is “neither logical nor plausible.”

An American, Aaron Greenspan, had filed a suit in June 2023 under the Freedom of Information Act (FOIA) against the Executive Office for US Attorneys, Department of State, Federal Bureau of Investigation(FBI), Internal Revenue Service (IRS), Drug Enforcement Administration (DEA), and the Central Intelligence Agency (CIA).

In his complaint, Mr Greenspan accused the law enforcement agencies of violating the FOIA by failing to release within the statutory time “documents relating to purported federal investigations into” President Tinubu and one Abiodun Agbele.

Between 2022 and 2023, Mr Greenspan filed 12 FOIA requests with six different US government agencies and components seeking information about a joint investigation conducted by the FBI, IRS, DEA, and the US Attorney’s Offices for the Northern District of Indiana and Northern District of Illinois.

According to Mr Greenspan, the records being requested involved charging decisions on the activities, including money laundering, of a Chicago heroin ring that operated in the early 1990s.

In each FOIA request, the American sought criminal investigative records about four named individuals “allegedly associated with the drug ring: Bola Ahmed Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande, and Abiodun Agbele.”

After the requests, all five US agencies issued “Glomar responses”, refusing to confirm or deny whether the requested records exist.

Mr Greenspan contested those responses at the Department of Justice’s Office of Information Policy (“OIP”). The OIP, however, affirmed the agencies’ refusal to confirm or deny the existence of the requested records.

The American then filed a lawsuit on 12 June 2023, naming the FBI, DEA, IRS, EOUSA, and Department of State as defendants and challenging each agency’s response to the separate FOIA requests.

Court documents show that the CIA was later added as a defendant in the First Amended Complaint, along with a challenge to that agency’s glomar response to the plaintiff’s FOIA request.

On 20 October 2023, Mr Greenspan filed an emergency motion seeking a hearing to compel the US agencies to immediately produce records responsive to his FOIA requests. He cited the Nigerian Supreme Court’s plan to begin hearing arguments in three days’ time in a litigation contesting Mr Tinubu’s 2023 election as the President of Nigeria.

Three days later, on 23 October 2023, Mr Greenspan’s emergency motion was denied for failing to “satisfy any of the requirements for emergency injunctive relief.”

Also on that same day, President Tinubu moved to intervene in the case, citing his privacy interests in his “confidential tax records” and “documents from federal law enforcement agencies that fall within the Privacy Act or exceptions to FOIA and should not be disclosed.”

President Donald Trump

 

In 1993, Mr Tinubu was said to have forfeited $460,000 to the American government after authorities linked the funds to proceeds of narcotics trafficking.

The issue of Mr Tinubu’s forfeiture of the funds featured prominently at the Presidential Election Petition Court when his opponents, Atiku Abubakar and Peter Obi, challenged the president’s eligibility to contest Nigeria’s presidency. But the election court, in a unanimous decision, dismissed the suits, affirming Mr Tinubu’s election.

However, on Tuesday, Judge Howell ruled partly in favour of Mr Greenspan in the US case.

The judge noted that the ‘Glomar’ responses asserted by the FBI and DEA are “improper and must be lifted.” He said the FBI and DEA failed to show that they properly invoked FOIA.

Mr Howell said since it was acknowledged that Mr Tinubu was a subject of an investigation involving both the FBI and DEA, “the claim that the Glomar responses were necessary to protect this information from public disclosure is at this point neither logical nor plausible.”

‘Why the FOIA request should be granted’

Explaining his judgement further, Mr Howell establish that a FOIA requester may challenge the propriety of an agency’s Glomar response in two ways: first, by “challeng[ing] the agency’s assertion that confirming or denying the existence of any records would result in a cognisable harm under a FOIA exemption,” and, second, showing that the agency “has ‘officially acknowledged otherwise exempt information through prior disclosure,” meaning that the agency “has ‘waived its right to claim an exemption with respect to that information.”

In this case, the judge said Mr Greenspan asserts both types of challenges to defendants’ Glomar responses: “The plaintiffs’ argument that (1) DEA has officially confirmed investigations of Agbele’s involvement in the drug trafficking ring, (2) the FBI and DEA have both officially confirmed investigations of Tinubu relating to the drug trafficking ring, (3) any privacy interests implicated by the FOIA requests to the FBI and DEA for records about Tinubu are overcome by the public interest in release of such information, and (4) the CIA has officially acknowledged records responsive to plaintiff’s FOIA request about Tinubu.”

Meanwhile, the CIA has the judgement entitled in its favour in this case. The judge ruled that Mr Greenspan has failed to show that the “CIA has ever officially acknowledged the existence or nonexistence of records responsive to his FOIA request. therefore, the CIA’s Glomar response must be sustained.”

Tinubu and Agbele’s records cleared for release

Five of Mr Greenspan’s FOIA requests are still at issue in the parties’ pending cross-motions for summary judgement.

During the hearing, the plaintiff agreed to narrow the issues for summary judgement briefing to defendants’ Glomar responses, redactions, and withholdings as to Mr Tinubu and Mr Agbele only.

This is why in its judgement, the judge ordered that the remaining parties, apart from CIA, to file jointly, by 2 May, a report on the status of any outstanding issues in this case, as described in the accompanying order.

How drug ring member was busted and link to Tinubu

Part of the documents submitted by Mr Greenspan to court to back his FOIA case was a verified complaint and accompanying affidavit, filed in the Northern District of Illinois by the DOJ on 26 July 1993.

The documents sought the civil forfeiture of Mr Tinubu’s funds held by First Heritage Bank allegedly connected to the drug trafficking investigation.

The affidavit by Department of Treasury’s Internal Revenue Service (IRS) Special Agent Kevin Moss, who was involved in the investigation, detailed the drug trafficking activities of Mr Agbele which provided the ground for seeking the forfeiture of Mr Tinubu’s funds. It also shared insights into how Mr Agbele was arrested while selling white heroin to a person not known to him to be an undercover agent.

 

 

It stated that upon arrival in the United States, “Agbele identified Akande (who has also been linked to Mr Tinubu) as his uncle and stated that Akande provided him (Agbele) an apartment in Hammond, Indiana,” citing “investigating agents of DEA” as the source of this information.

Furthermore, he said according to DEA investigators, Mr Agbele sold white heroin to another individual on numerous occasions.

With the assistance of “Source A”, DEA called Mr Agbele to purchase a small amount of white heroin,” which resulted in a transaction where “Agbele sold one ounce of white heroin to a law enforcement officer working in an undercover capacity.”

Subsequent to this sale, “Agbele was arrested and agreed to cooperate” with the investigation.

The affidavit also states that further investigation by DEA disclosed a lease application completed by Mr Agbele.

Mr Moss’s affidavit confirmed that both the FBI and DEA investigated Mr Tinubu in the wider probe into the drug trafficking activities of Mr Agbele and other members of his ring.

It confirmed that “there is probable cause to believe that funds in certain bank accounts controlled by Bola Tinubu were involved in financial transactions” in violation of US laws “and represent proceeds of drug trafficking.”

It stated that seeking to target Mr Tinubu’s funds arose from “investigation of money laundering of the proceeds of a heroin distribution organisation in the Chicago area.” The clues relied on were said to include “information provided by Special Agents of the IRS, DEA, (and) FBI.”

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PDP crisis: NEC decision on Anyanwu a trap – Atiku’s camp kicks amid ADC adoption

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Former Vice President Atiku Abubakar’s camp has suggested that the Peoples Democratic Party, PDP, might be walking into a trap of President Bola Tinubu’s ruling All Progressives Congress, APC, to destroy the opposition party.

This is even as the camp described the recent decision of the National Executive Committee (NEC) of the PDP, affirming Samuel Anyanwu as the National Secretary as a scam, saying it doesn’t work.

This comes amid adoption of the African Democratic Congress, ADC, as the official platform of the opposition coalition.

The decision on Anyanwu has apparently further buried whatever is left of the PDP, with many members, especially in Atiku’s camp and beyond set to dump the umbrella party.

Ekwutosblog reported that the NEC on Monday seemingly ended months of internal conflict that threatened the stability of the party.

The PDP Acting National Chairman, Umar Damagun, while addressing journalists after the 100th NEC meeting, held behind closed doors at the party’s national secretariat in Abuja, announced that the party members agreed that Senator Anyanwu will continue to act as national secretary.

 

“As you can see, we just rose from our 100th NEC meeting. This meeting was a one-agenda meeting, which was to discuss the outcome of our interaction with INEC as regards the national secretary. We’ve all converged, we were all together, and we all agree that Senator Anyanwu will continue to act as national secretary,” Damagum said.

Ekwutosblog reports that the decision came less than one week after PDP leaders met with INEC leadership to resolve the party’s signature crisis.

The leadership crisis over Anyanwu’s position dates back to 2023 when he emerged as the PDP’s governorship candidate in Imo State.

 

His candidacy generated internal debate over whether he could retain his role as national secretary while running for office.

Anyanwu insisted on retaining his position as national secretary despite contesting for office.

The South-east chapter of the party and some members of the NWC had also backed SKE Udeh-Okoye as his replacement.

Speaking to Ekwutosblog concerning the decision by the PDP NEC, on the matter, Paul Ibe, media aide to Atiku said the resolution was a script, insisting it does not work that way.

Ibe claimed that those at the center of the crisis were in cahoots with the ruling All Progressive Congress, APC, saying they cannot be the ones trying to resolve the crisis.

He said: “How can you have a resolution of whatever may be the crisis that the party – a major opposition party – is going through, when the people, the ones at the center of the crisis, are in cahoots with the ruling party, and are also the same ones trying to resolve the issue?

“It is all a script. It does not work that way. These are the same people who are in bed with the ruling party, focused on destroying the party. They cannot be the ones trying to resolve the crisis.

“Why were the members of the party, who are working in bed with the All Progressive Congress, APC, harassing and intimidating members of the BoT who had come out for the meeting, necessitating a change of venue?”

Atiku’s aide also condemned the alleged intimidation of some of the NEC members by the security agencies, leading to a change in the venue of the meeting.

Ibe cautioned that the party should be careful of walking into a trap of the ruling APC to destroy the opposition party.

“If we answer these questions, the party will begin to realize that it is walking into a trap of Tinubu’s ruling party to destroy the opposition party. Some of them are enablers.

“They are part of the script. Until the right things are done, we will continue to see it all as a scam.

“We also condemn in its entirety the action of some members of the party who are in bed with the ruling APC in using police to intimidate NEC members, the highest organ of the party, who had come out to hold a meeting as endorsed.

“It’s a replica of what’s seen under a military dictatorship. What they are trying to do is to force us into a one-party stateship,” he cautioned.

However, a former National Auditor of the PDP, Barr Ray Nnaji, told Ekwutosblog that the PDP NEC took the right decision.

According to Nnaji, the party, especially the Governors Forum, was supposed to have taken the necessary steps, noting that they didn’t do what they ought to have done.

He, therefore, called on the leadership to start rebuilding the party.

Nnaji said: “Let me be frank with you, that’s the right decision the party should have taken from day one because they made a mistake not to have acted proactively.

“From the fact that Senator Samuel Anyanwu went for an election, they ought to have rallied round – if they were not pushing for him to come back – and take a decision.

“And then immediately, get an acting secretary and submit his name to the Independent National Electoral Commission as a replacement, so that when he comes back it will not be easy for him, assuming he didn’t resign his position before going.

“They just left it open. And immediately he came back after losing the gubernatorial election, he just resumed and nobody seemed to have been interested.

“If they had acted proactively, especially my governor, who didn’t show any interest in party politics right from time only for him to wake up very belatedly and is now championing a cause he knows it’s not proper because Senator Sam Anyanwu was an elected person.

“And being an elected person, for you to remove him, it’s either by resignation or some many other things as provided in the constitution.

“So the idea of nominating another person when his tenure elapsed belatedly caused a problem. If they had acted proactively, they would have actually foreclosed Anyanwu from coming back.

“Look at what’s happening to the Acting National Chairman, by now they are supposed to have replaced him with another person from North Central immediately after Iyorcha Ayu left.

“But it didn’t take place. Now to remove the Acting National Chairman is going to be a difficult task because they left it for a long time.

“The party is supposed to have taken steps, especially the Governors’ Forum, they didn’t do what they ought to have done.

“They allowed Nyesom Wike to have a field day only to realize he was rightly going to deal with most of them.

“That’s why they are now coming back, even when the matter had gone to the Supreme Court, it seems not to have been resolved.

“Now they have taken a decision because it was going to cause a problem to the party as only the National Chairman now signs nomination forms and correspondence without a National Secretary.

“They are now realizing that it’s better to take Sam Anyanwu as the National Secretary, and that’s the best. Let them start by rebuilding the party.”

Meanwhile, political leaders in Nigeria’s opposition parties, as well as some members of the ruling All Progressives Congress, APC, gathered in their numbers on Wednesday in Abuja during the unveiling of the ADC as the official platform of the opposition coalition.

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It’s Nigeria vs APC in 2027, ADC will lead the change – Kenneth Okonkwo

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Veteran actor and lawyer, Kenneth Okonkwo, has declared that the All Progressives Congress (APC) will face its “final downfall” ahead of the 2027 elections, stating that the African Democratic Congress (ADC) and its new coalition of opposition forces represent the “dawn of a new era in Nigeria’s political history.”

Speaking at a coalition strategy meeting, Okonkwo emphasized that the new alignment is not about seeking power but prioritizing the “welfare of Nigerians.”

“You know, this party is not about power. This party is about the welfare of Nigerians,” Okonkwo stated. “If there is no new arrangement that I’m sure will take care of the welfare of Nigerians, I will stay in my house and pray.”

He described the ADC as a “party of light” poised to rescue Nigerians from what he termed the “darkness of this incompetent and corrupt APC.”

“When you shine light in darkness, darkness disappears. APC will not understand what hits them,” Okonkwo asserted.

Highlighting Article 3 of the ADC Constitution, he emphasized that the party’s motto is “in pursuit of the welfare of our people and the nation,” aligning with the coalition’s objective to create a favorable environment for all Nigerians to contribute to the nation’s welfare, peace, and prosperity.

In addressing concerns about the inclusion of former APC and PDP members in the coalition, Okonkwo argued that past leaders have learnt from their mistakes.

“Your best teacher is your last mistake,” he noted, adding, “All the people that have been in power in Nigeria and did not do what they ought to do at that time are reaping it.”

On potential alliances with Peter Obi should he emerge as a presidential candidate within the coalition, Okonkwo reaffirmed his commitment to coalition politics over party allegiance.

“This is now the time of the coalition, not individual parties. I can guarantee you that anybody that emerges from this coalition, I will work with the person,” he stated.

Okonkwo dismissed concerns over potential litigation or infiltration by APC elements into the ADC, stating that the party had done its due diligence and would not allow infiltration.

“Of course, when you are in a battle with somebody, you send your own spies. We will search out any infiltrator and give him the treatment that is given to spies,” Okonkwo warned.

He further predicted the collapse of APC structures, referencing recent political crises within the ruling party.

“Before long, APC people will be in hiding because the shame that will come upon them, they will not even be able to talk and speak to Nigerians again,” Okonkwo concluded.

The ADC coalition aims to unify opposition forces to prevent a fragmented challenge against the incumbent APC in 2027, positioning itself as a credible platform for Nigerians seeking alternative leadership to rescue the nation from economic hardship, insecurity, and governance failures.

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Nigerian Speakers seek governors’ support on state police, fiscal federalism

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The Chairman of Conference of Speakers of State Legislatures of Nigeria, Adebo Ogundoyin, has appealed to the Nigeria Governors’ Forum to support the actualization of some of the reforms being pushed by the group.

Ogundoyin, who is also the Speaker of Oyo State House of Assembly, appealed to NGF under the leadership of Governor Abdulrahman Abdulrasaq of Kwara State to support the conference in realisation of state police, fiscal federalism and devolution of powers.

Speaking when he paid a courtesy visit to the Kwara governor in Ilorin, the Oyo Speaker noted that the reforms may not be realised without the support of the governors.

He maintained that the visit to the governor was part of the activities to strengthen legislative governance and accelerate constitutional reforms in the country.

Ogundoyin said, “We need the Governors’ Forum to support key legislative proposals such as devolution of power, fiscal federalism and State Policing.”

Ekwutosblog reports that the the Speaker of the Kwara State House of Assembly, Yakubu Danladi-Salihu, was present at the occasion.

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