FBI Seeks Court Approval to Keep Some Tinubu-Linked Records Secret

The Federal Bureau of Investigation (FBI) has asked a United States court for permission to withhold some records relating to an old investigation linked to President Bola Ahmed Tinubu, citing concerns over the protection of law-enforcement methods and the safety of individuals.

The request was contained in a motion filed on August 20 before the US District Court for the District of Columbia.

The FBI asked the court to allow it to submit additional explanations supporting its decision to withhold portions of the records privately through an ex parte, in-camera submission.

An ex parte, in-camera submission allows sensitive information to be presented directly to a judge without being made available to the public as part of the court record.

The agency argued that providing a full explanation publicly could itself reveal information it is seeking to protect.

According to the FBI, some of the withheld material could disclose investigative techniques and procedures used by law-enforcement authorities, while other information could reasonably be expected to endanger the life or physical safety of individuals.

The filing was publicised on X by Von Batten-Montague-York, a Washington-based lobbying firm recently retained by African Democratic Congress (ADC) presidential candidate, Atiku Abubakar.

The dispute followed two Freedom of Information Act (FOIA) requests seeking FBI records relating to Tinubu.

One request sought the FBI’s complete file on Tinubu, while another sought interview reports known as Form 302s connected to an FBI case from 1992 and 1993.

The FBI said it had relied on several exemptions under the FOIA to withhold portions of the requested material.

Among the exemptions cited are provisions relating to personal privacy, confidential sources, law-enforcement techniques and information that could threaten an individual’s safety.

The agency told the court that its public filings could not fully explain its reliance on FOIA exemptions 7(E) and 7(F) without potentially revealing the sensitive information those exemptions are intended to protect.

It therefore requested permission to supplement its public filing with a sealed declaration containing its fuller justification for the withholdings.

If the request is approved, the FBI said it intends to submit the confidential declaration by August 28.

The case was brought by Aaron Greenspan, founder of PlainSite, who has sought government records relating to a Chicago-based heroin trafficking investigation dating back to the early 1990s.

Between 2022 and 2023, Greenspan submitted 12 FOIA requests to six US federal agencies seeking records involving four individuals, including Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.

Several agencies initially refused to confirm or deny whether responsive records existed, a position known as a Glomar response.

Greenspan challenged the decisions and subsequently sued after the Justice Department’s Office of Information Policy upheld the agencies’ positions.

In April 2025, Judge Beryl Howell ruled against the continued use of the Glomar response by the FBI and Drug Enforcement Administration (DEA), finding that the agencies had not established a sufficient legal basis for concealing whether records concerning Tinubu existed.

The latest FBI application comes amid an ongoing legal dispute over the release of the records.

The Justice Department had previously sought an additional 10-day extension to respond to a court order, but Howell granted only four additional days, setting August 21 as the deadline.

Tinubu’s lawyers later joined the DOJ’s request for additional time, but the judge reportedly declined the longer extension.

The FBI is now seeking to provide the court, behind closed doors, with its fuller justification for withholding portions of the records, particularly information it says could reveal sensitive investigative practices or put individuals at risk.