The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington, D.C., for permission to privately explain why it is withholding portions of records relating to past investigations involving allegations of drug trafficking against President Bola Ahmed Tinubu.
In a filing dated August 20, the agency asked the US District Court for the District of Columbia to permit it to submit additional declarations directly to the judge and under seal.
The request, known as an ex parte in camera submission, would allow the FBI to provide sensitive information to the court without disclosing the details publicly.
The agency argued that it could not fully justify in an open court filing why certain information had been withheld, insisting that public disclosure could reveal sensitive law-enforcement techniques and potentially expose individuals to risks.
The FBI said it had invoked several exemptions under the US Freedom of Information Act (FOIA) in responding to requests for records relating to Tinubu and investigations dating back to the early 1990s.
According to the agency, releasing some of the information could “disclose techniques and procedures for law enforcement investigations” and could also “reasonably be expected to endanger the life or physical safety of any individual.”
The latest filing was published on X by Von Batten-Montague-York, a Washington-based lobbying firm recently engaged by former Vice-President Atiku Abubakar, the African Democratic Congress (ADC) presidential candidate for the 2027 presidential election.
FBI Identifies Two Tinubu-Related Requests
The FBI identified two specific FOIA requests concerning Tinubu.
The first sought the complete FBI file relating to the Nigerian president, while the second requested FBI interview records connected to a case covering the period from 1992 to 1993.
The agency said the first request, assigned Request Number 1588244-000, sought the “entire FBI file” on Tinubu, identified in the request as Nigeria’s president-elect as of February 2023.
The second request, assigned Request Number 1593615-000, sought FBI Form 302 interview records involving Tinubu in connection with FBI Case No. 245-IP-71386-UUUUUU during 1992 and 1993.
The FBI said it relied on FOIA Exemptions 6, 7(C), 7(D), 7(E) and 7(F) to withhold portions of the requested information.
It said the exemptions were applied because disclosure could reveal investigative techniques and procedures and could potentially endanger the life or physical safety of an individual.
The agency further told the court that it could not publicly disclose the full basis for invoking Exemptions 7(E) and 7(F) over some of the withheld material.
It therefore asked permission to submit a sealed declaration explaining its position to the judge.
The FBI said, if the request is granted, it would submit the additional explanation before August 28.
Case Filed Over 1990s Drug Investigation
The case was instituted by Aaron Greenspan, an American businessman and founder of PlainSite, who has been seeking records from US government agencies concerning investigations dating back to the early 1990s.
Greenspan filed multiple FOIA requests in 2022 and 2023 with six US federal agencies, seeking records relating to investigations into a Chicago-based heroin operation that was active during the early 1990s.
His requests covered four individuals whom he alleged were connected to the investigation, including Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.
Several US agencies initially issued what is known as a “Glomar response”, under which an agency neither confirms nor denies whether requested records exist.
Greenspan challenged the responses before the US Department of Justice’s Office of Information Policy, but the office upheld the agencies’ positions.
He subsequently filed a lawsuit in June 2023, challenging the agencies’ refusal to confirm or deny whether the requested records existed.
The FBI, Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), Executive Office for United States Attorneys and Department of State were initially named as defendants, while the Central Intelligence Agency (CIA) was later added.
Court Lifted FBI, DEA Glomar Responses
In April 2025, Judge Beryl Howell ruled that the FBI and DEA had failed to adequately justify their Glomar responses and ordered the agencies to lift them.
The judge held that the agencies had not provided sufficient information to establish a valid privacy interest that would justify concealing whether Tinubu had been the subject of a criminal investigation.
The latest FBI application is the most recent development in a series of legal proceedings over efforts to obtain US government records connected to allegations involving Tinubu.
The US Department of Justice had recently requested an additional 10 days to respond to a court order concerning the records. However, Judge Howell granted only four additional days and set August 21 as the deadline.
Tinubu’s legal team subsequently joined the Justice Department’s request for more time, but the request was reportedly rejected by the judge.
