A Senior Advocate of Nigeria and member of President Bola Tinubu’s legal team in the United States, Wole Afolabi, has said the US authorities would have indicted or arrested Tinubu if there was sufficient evidence linking him to drug trafficking.
Afolabi made the statement during an interview on Channels Television’s Sunday Politics while discussing an ongoing legal battle over records held by the United States Department of Justice, the Federal Bureau of Investigation and the Drug Enforcement Administration.
The records are being sought by Aaron Greenspan through a Freedom of Information Act lawsuit. Greenspan is requesting access to documents relating to Tinubu and previous investigations.
According to Afolabi, US authorities have already released thousands of pages of documents but are seeking to keep some portions redacted. He explained that the government’s position was based on concerns about protecting investigative methods, confidential sources and law enforcement agents.
The lawyer said Tinubu’s legal team was challenging the release of the redacted sections because US law gives individuals certain rights to contest the disclosure of information.
Afolabi rejected claims that the US government was withholding the documents specifically to protect Tinubu. He said recent court filings by the Department of Justice focused mainly on protecting investigative techniques and the identities of sources and agents.
‘Tinubu Would Have Been Indicted If There Was Evidence’
Afolabi argued that drug trafficking is treated as a serious offence in the United States and questioned why Tinubu would have been allowed to travel in and out of the country if American authorities had enough evidence to prosecute him.
He cited cases involving former Panamanian leader Manuel Noriega and former British Virgin Islands Premier Andrew Fahie as examples of people who faced legal action over alleged drug-related offences.
The lawyer also referred to US actions against Venezuelan officials and extradition cases involving Nigerians accused of drug trafficking.
He maintained that the absence of an indictment against Tinubu was significant and stressed that everyone was entitled to the presumption of innocence.
When asked whether he was saying that Tinubu had never used drugs, been caught with heroin or been involved in drug trafficking, Afolabi said he was relying on the available evidence.
The lawyer was also questioned about the $460,000 forfeited to US authorities in the 1990s and the circumstances surrounding the civil forfeiture case.
Afolabi maintained that civil forfeiture did not amount to a criminal conviction or prove that Tinubu was criminally culpable.
He declined to reveal details of Tinubu’s account of the matter, citing attorney-client privilege.
Why Tinubu’s Team Wants Some Records Withheld
Afolabi explained that Tinubu’s lawyers were not seeking to prevent the release of all the records. He noted that the FBI and DEA had already released thousands of pages.
According to him, the remaining dispute concerns information that US authorities believe could expose confidential sources, investigative techniques and law enforcement personnel.
He said the matter would ultimately be determined by the courts based on the law rather than political considerations.
‘Anyone Can Be Investigated’
When asked whether Tinubu had ever been investigated by the FBI or DEA, Afolabi declined to give a direct yes-or-no answer.
He explained that being investigated or having one's name appear in law enforcement records does not automatically mean that the individual committed a crime.
He cited historical investigations conducted by the FBI, including those involving prominent Americans, to illustrate that people can become subjects of investigations without being found guilty.
‘The President Is Entitled to Privacy’
Afolabi also defended the legal team’s reliance on privacy protections, arguing that holding public office does not automatically remove an individual’s legal rights to privacy.
He compared the situation with US President Donald Trump’s efforts to prevent the release of some of his educational records, saying American public officials can also rely on privacy laws.
According to Afolabi, if US law provides protection for certain personal information, individuals are entitled to use those legal protections.
2027 Election Will Not Be Decided by Documents
The lawyer also dismissed suggestions that the dispute over the US records could determine Tinubu’s chances in the 2027 presidential election.
He argued that the election would be decided by Nigerians based on the President’s performance, promises and campaign rather than documents being sought in a US court.
Afolabi said Tinubu’s legal team would continue to rely on protections available under US law while awaiting the court’s decision.
The case remains before a US federal court, which will ultimately determine whether any of the disputed portions of the records should be released.If you want, I can also turn this into a shorter Nigerian-style news report with 5–10 different headlines.
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