The United States Federal Bureau of Investigation (FBI) has asked a Washington court for permission to keep parts of its records linked to President Bola Tinubu’s alleged past investigation confidential, warning that releasing the documents publicly could expose law enforcement methods and put lives in danger.
The latest twist emerged as the FBI filed a motion before the US District Court for the District of Columbia seeking approval to submit a secret declaration to the judge explaining why some information connected to Tinubu’s records should remain hidden.
According to court documents obtained by TheCable, the FBI argued that it cannot fully explain its reasons for withholding some documents in open court because doing so could defeat the purpose of the exemptions it is relying on under the US Freedom of Information Act (FOIA).
The agency said it wants to present an “ex parte in camera” declaration — a confidential submission that will only be reviewed by the judge — to justify its decision.
The FBI stated that releasing the withheld information could reveal investigative techniques and procedures used by law enforcement agencies and may “reasonably be expected to endanger the life or physical safety of any individual.”
The documents relate to FOIA requests seeking FBI files connected to Tinubu’s activities in the United States between 1992 and 1993.
One of the requests, filed by American transparency activist Aaron Greenspan, sought what was described as the “entire FBI file” on Tinubu, while another requested FBI interview reports involving him during the same period.
The FBI said it had invoked several FOIA exemptions, including protections covering personal privacy, confidential sources, investigative methods and information that could threaten individuals’ safety.
The agency argued that publicly revealing the full basis for some of these exemptions would undermine the very protections the law provides.
The FBI’s latest move comes amid a long-running legal battle over efforts by Greenspan, founder of PlainSite, to compel US agencies to release records allegedly connected to a 1990s Chicago drug investigation.
Greenspan had filed multiple FOIA requests with several US agencies seeking documents relating to alleged investigations involving Tinubu and three other individuals — Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.
The agencies initially refused to confirm or deny whether such records existed, a position known in US legal practice as a “Glomar response.”
However, in April 2025, US District Judge Beryl Howell ruled that the FBI and the Drug Enforcement Administration (DEA) had not provided enough justification for maintaining the secrecy surrounding their responses.
The judge ordered the agencies to explain why they should continue withholding the information.
Following the ruling, the US Department of Justice sought additional time to respond to the court’s directive, but Judge Howell granted only a limited extension.
Tinubu later joined the DOJ’s request for more time through his legal representatives, but the court reportedly declined his request.
The FBI is now asking the court to allow it to submit its confidential explanation before the deadline set by the judge.
The legal battle has attracted significant political attention in Nigeria, especially ahead of the 2027 elections, after former Vice-President Atiku Abubakar’s lobbying firm shared details of the latest court filing.
Tinubu has consistently denied allegations of wrongdoing connected to his past in the United States, and his supporters have described the FOIA battle as a politically motivated attempt to revive old allegations.
The latest FBI filing, however, keeps the controversy alive as the US court weighs whether the requested records should remain sealed or be released.
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