The United States Federal Bureau of Investigation (FBI) has asked a federal court to allow it to submit confidential declarations explaining why it withheld parts of investigative records linked to allegations of drug trafficking involving President Bola Tinubu.
In a motion filed on August 20 before the US District Court for the District of Columbia, the FBI said it could not publicly disclose all the reasons behind its decision to withhold some of the records.
The agency asked the court for permission to file an ex parte, in camera declaration, meaning a written submission that would be reviewed privately by the judge and kept off the public record.
The FBI argued that releasing the withheld information could expose sensitive law-enforcement techniques and procedures and potentially put the lives or physical safety of individuals at risk.
The application was published on X by Von Batten-Montague-York, a Washington-based lobbying firm recently engaged by African Democratic Congress (ADC) presidential candidate, Atiku Abubakar.
According to the FBI, the records in question are covered by two Freedom of Information Act (FOIA) requests.
The first request, numbered 1588244-000, sought the “entire FBI file” on Tinubu, who was identified in the request as Nigeria’s president-elect in February 2023.
The second request, numbered 1593615-000, sought FBI Form 302 interview records involving Tinubu from FBI Case No. 245-IP-71386-UUUUUU covering 1992 and 1993.
The agency said it relied on several FOIA exemptions, including Sections 6, 7(C), 7(D), 7(E) and 7(F), to justify withholding portions of the records.
It maintained that disclosure could reveal investigative techniques and procedures or reasonably be expected to endanger the life or physical safety of an individual.
The FBI further told the court that it could not fully explain its reliance on exemptions 7(E) and 7(F) in a public filing.
It therefore asked to submit an additional declaration under seal, allowing the judge to privately consider the agency’s reasons for withholding the information.
The FBI said that, if the request is granted, it would file the confidential declaration by August 28.
The case was brought by Aaron Greenspan, founder of PlainSite, who has pursued records relating to investigations into a Chicago heroin-trafficking operation dating back to the early 1990s.
Between 2022 and 2023, Greenspan filed 12 FOIA requests with six US federal agencies, seeking records concerning criminal investigations involving four people, including Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.
Five of the agencies initially issued what is known under US law as a Glomar response, refusing to confirm or deny whether the requested records existed.
Greenspan challenged the responses before the US Department of Justice’s Office of Information Policy, which upheld the agencies’ positions.
He subsequently filed a lawsuit on June 12, 2023, challenging the agencies’ refusal to confirm or deny the existence of the records.
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 CIA was later added.
In April 2025, US District Judge Beryl Howell ruled that the FBI and DEA’s Glomar responses were improper and ordered that they be lifted.
Howell held that the agencies had failed to establish a legally recognisable privacy interest in keeping secret the fact that Tinubu had been the subject of a criminal investigation.
The judge also found that the agencies had not provided sufficient evidence to justify continuing to refuse to confirm or deny the existence of the records.
The latest development follows a request by the US Department of Justice for an additional 10 days to respond to a court order concerning the release of records related to the allegations involving Tinubu.
Howell granted only a four-day extension, moving the deadline to August 21.
Tinubu, through his legal team, later joined the DOJ’s request for the additional 10-day extension, but the judge reportedly rejected the request.
The FBI’s latest application seeks to give the judge privately the additional reasons it believes some records should remain withheld, particularly where disclosure could, according to the agency, expose sensitive investigative methods or endanger individuals.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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