A US-based policy and lobbying firm, Von Batten-Montague-York, has raised the possibility that President Bola Tinubu could face criminal prosecution in the United States once he leaves office.
The firm made the claim on Tuesday via its verified X account, reacting to legal filings involving the FBI and the Drug Enforcement Administration (DEA) tied to decades-old allegations of heroin trafficking against Tinubu.
Von Batten-Montague-York conceded that none of the documents it examined explicitly confirmed that US authorities had resolved to prosecute the Nigerian leader. Its suspicion, it said, is rooted instead in the FBI and DEA’s refusal to state whether any investigation or enforcement action tied to the matter remains active — more than 30 years after the alleged events.
Both agencies, according to the firm, responded that they were not obligated to disclose whether a law enforcement investigation or proceeding exists.
The firm argued that although this non-response does not confirm a looming prosecution, it leaves the current status of the matter unresolved. Citing its review of certain court filings, Von Batten-Montague-York said it believes Tinubu could be charged after leaving office, once he no longer benefits from immunity ratione personae attached to his position as a sitting head of state.
“Based on our reading of some of the case filings, we believe President Tinubu may face criminal charges after he leaves office, when he no longer has immunity ratione personae, in connection with the heroin-trafficking allegations,” the firm stated. “From the records, we know that some individuals associated with the underlying investigation are dead and that the FBI and DEA filings reference wiretaps.”
The organisation described the agencies’ silence as notable given how long ago the alleged conduct occurred, while acknowledging: “Their refusal doesn’t prove charges are coming against President Tinubu. The FBI and DEA’s refusal to confirm that no investigation or enforcement proceeding exists is noteworthy.”
The firm added that the matter could carry greater weight after Tinubu leaves office, when the legal protections tied to the presidency no longer apply. It asked, “Given how President Donald Trump operates, it raises the question: Why won’t the FBI and DEA simply say that no current investigation or proceeding connected to these cases or involving President Tinubu exists?”
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