The United States Federal Bureau of Investigation has asked a federal court in Washington, D.C., for permission to privately explain why it is withholding some records linked to allegations of drug trafficking involving President Bola Tinubu.
In a fresh court filing dated August 20, 2026, the FBI asked the US District Court for the District of Columbia to allow it to submit an ex parte, in camera declaration—a confidential written submission that would be seen only by the judge—to justify its decision to keep portions of the records from public disclosure.
The development is the latest twist in a long-running Freedom of Information Act battle over FBI records relating to Tinubu and investigations dating back to the early 1990s.
The FBI said the withheld information could expose sensitive law-enforcement techniques and procedures and potentially put the lives or physical safety of individuals at risk.
The agency said it had relied on several exemptions under the US Freedom of Information Act, including exemptions 6, 7(C), 7(D), 7(E) and 7(F), to withhold portions of the records.
It specifically said it could not disclose publicly the full basis for invoking exemptions 7(E) and 7(F), prompting its request to provide additional explanations to the judge privately.
The FBI said that, if its request is granted, it intends to file the confidential declaration on or before August 28.
The application arose from two FOIA requests filed by Aaron Greenspan, founder of PlainSite, seeking records relating to investigations involving Tinubu.
One of the requests, numbered 1588244-000, sought the “entire FBI file” relating to Tinubu, identified in the request as Nigeria’s president-elect as of 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.
Greenspan’s broader FOIA campaign involved 12 requests filed between 2022 and 2023 with six US federal agencies for records concerning criminal investigations involving four individuals, including Tinubu, Lee Andrew Edwards, Mueez Abegboyega and Abiodun Agbele.
Several agencies initially responded with what is known under US law as a Glomar response—a refusal to confirm or deny whether responsive records existed.
Greenspan challenged the responses before the US Department of Justice’s Office of Information Policy, but the agencies’ positions were upheld.
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, Internal Revenue Service, Executive Office for United States Attorneys and Department of State were initially named as defendants, while the Central Intelligence Agency was later added.
Judge rejected FBI, DEA secrecy claims
In April 2025, US District Judge Beryl Howell ruled that the FBI and DEA’s Glomar responses were improper and ordered that the agencies’ blanket refusal to confirm or deny the existence of the records be lifted.
Howell held that the agencies had failed to establish a legally recognisable privacy interest sufficient to justify keeping secret whether Tinubu had been the subject of a criminal investigation.
The judge also found that the agencies had not provided sufficient evidence to support their continued refusal to confirm or deny the existence of the records.
The latest application, however, does not amount to a blanket refusal to comply with the court’s earlier ruling.
Rather, the FBI is seeking to provide the court with additional confidential justification for withholding specific portions of the records, particularly information it says could reveal sensitive investigative methods or expose individuals to danger.
The development followed a recent request by the US Department of Justice for an additional 10 days to respond to a court order concerning the release of records connected to the allegations involving Tinubu.
Judge Howell reportedly granted only a four-day extension, moving the deadline to August 21.
Tinubu’s legal team subsequently joined the DOJ’s request for the longer extension, but the judge reportedly declined to grant the additional time sought.
The latest FBI filing therefore puts the focus on what information the agency believes must remain confidential, even as the court continues to determine which records should be released publicly.
The filing does not, by itself, establish that Tinubu committed drug-trafficking offences or that the allegations against him are proven. It concerns the FBI’s legal justification for withholding portions of investigative records from public disclosure.
The FBI’s application was made public after it was posted on X by Von Batten-Montague-York, a Washington-based lobbying firm recently engaged by African Democratic Congress presidential candidate Atiku Abubakar.
The court will determine whether the FBI can submit the proposed confidential declaration and how the remaining records should be handled.
'
'Do you want to share a story with us? Do you want to advertise with us? Do you need publicity for a product, service, or event? Contact us on WhatsApp +2348183319097 Email: platformtimes@gmail.com
We are committed to impactful investigative journalism for human interest and social justice. Your donation will help us tell more stories. Kindly donate any amount HERE
