Nigerian President Bola Tinubu could potentially face criminal charges in the United States after leaving office, according to a statement from Von Batten Montague York, L.C., which said its assessment is based on its review of case filings linked to longstanding heroin trafficking allegations.
The firm said the documents it reviewed do not directly show that the United States government plans to charge Tinubu. However, it said responses from the Federal Bureau of Investigation and the Drug Enforcement Administration have raised questions about whether a law enforcement investigation or proceeding connected to the cases could still exist.
The issue centers on two separate occasions when the FBI and DEA were asked to confirm that, more than 30 years after the events described in the underlying cases, there was no investigation still pending and no enforcement proceeding still active.
According to the firm, neither agency agreed to make that confirmation.
Instead, the FBI and DEA said they were not required to comment on whether law enforcement investigations or proceedings may exist.
Von Batten Montague York described that response as significant because the agencies reportedly provided answers to several other factual claims contained in the same filing.
The records reviewed by the firm also indicate that some people connected to the underlying investigation are now dead. The filings further contain references to wiretaps, adding another element to the records surrounding the decades old investigation.
The firm stressed that the agencies refusal to confirm that no current investigation or enforcement proceeding exists does not establish that charges against Tinubu are being prepared.
However, it argued that the response leaves an important unanswered question about whether US authorities could still be examining matters connected to the cases.
The potential timing is also central to the claim. As a sitting Nigerian president, Tinubu has immunity ratione personae, a form of personal immunity associated with holding office. The firm argues that this protection could no longer apply in the same way after he leaves office, potentially exposing him to legal action if US authorities were to pursue a case.
The firm also pointed to the political context surrounding US President Donald Trump, suggesting that the administration could take a different approach to long standing cases and enforcement matters.
The agencies refusal to confirm that no investigation or proceeding exists has raised questions about whether US law enforcement authorities may still hold information or maintain an active interest in matters connected to the decades old drug trafficking allegations.
