By DAYO ADESULU
The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington, D.C., for permission to privately present additional evidence explaining why it is withholding certain records relating to President Bola Ahmed Tinubu.
The FBI says some of the information is so sensitive that revealing the full basis for the exemptions it is relying on could compromise law-enforcement methods and potentially endanger an individual’s life or physical safety.
The request was contained in a four-page motion filed on August 20, 2026, in the ongoing Freedom of Information Act (FOIA) case of Aaron Greenspan v. Executive Office for U.S. Attorneys, et al., Civil Action No. 23-1816 (BAH), before U.S. District Judge Beryl Howell.
The development has renewed attention on a long-running legal battle over U.S. government records connected to Tinubu and investigations dating back to the 1990s.
FBI Wants Secret Declarations From Judge Howell
According to the filing, the FBI wants permission to submit two declarations “ex parte” and “in camera.”
In practical terms, this would allow the FBI to provide the material privately to Judge Howell, without placing the sensitive details on the public court record.
The agency says the confidential declarations are necessary to support the U.S. government’s motion for summary judgment because it cannot publicly disclose the complete justification for some of the information it has withheld.
“The FBI has determined that it cannot provide on the public record the full basis for the application of Exemptions 7(E) and 7(F) to certain withholdings,” the agency stated in its filing.
The FBI argued that the court has the authority to privately examine sensitive government information when determining whether the agency properly applied FOIA exemptions.
If the request is approved, the FBI said it expects to submit the declarations by August 28.
What Tinubu Records Are Being Sought?
The dispute centres on two FOIA requests seeking records concerning Tinubu.
One request, identified as 1588244-000, sought what was described as the entire FBI file relating to Bola Ahmed Tinubu, including records identifying him as Nigeria’s president-elect as of February 2023.
A second request, 1593615-000, sought FBI Form 302 interview records involving Tinubu from FBI Case No. 245-IP-71386-UUUUUU during 1992 and 1993.
The FBI said it withheld portions of the records under several FOIA exemptions, including Exemptions 6, 7(C), 7(D), 7(E) and 7(F).
Some of those provisions protect personal privacy and confidential sources, while others cover sensitive law-enforcement information and techniques.
Most notably, the FBI cited Exemption 7(F), which concerns information whose disclosure could reasonably be expected to endanger the life or physical safety of an individual.
FBI Says Disclosure Could Endanger Life
The reference to potential danger to an individual’s life is one of the most significant elements of the latest filing.
However, the FBI has not publicly explained exactly what information it believes could create such a danger.
Instead, the agency wants to disclose the details privately to the judge.
That distinction is important because the latest filing does not itself establish that Tinubu committed any criminal offence.
Rather, the motion concerns the FBI’s effort to justify withholding certain government records from public disclosure under the FOIA.
The court must ultimately determine whether the government’s withholding decisions comply with the law.
Plaintiff Opposes FBI’s Request
The FBI also disclosed that the plaintiff, Aaron Greenspan, opposes the request for confidential judicial review.
According to the filing, lawyers for the parties discussed the matter on August 19, 2026, in accordance with the court’s local rules.
Greenspan subsequently informed the government that he opposed the relief being requested.
The FBI nevertheless asked Judge Howell to approve the proposed arrangement.
A proposed order attached to the motion would permit the agency to submit the declarations under seal and outside the public record for the judge’s private review.
The document supplied with the filing, however, does not show that Judge Howell had signed the proposed order at the time the motion was filed.
Records Date Back to 1990s U.S. Investigation
The FOIA dispute has attracted significant attention because some of the requested records relate to investigations involving Tinubu during the 1990s.
Previously reported U.S. court records have linked the broader dispute to an investigation into a Chicago-based heroin trafficking network and the forfeiture of $460,000 held in an account bearing Tinubu’s name.
According to court documents and affidavits cited in previous reports, U.S. authorities investigated a narcotics operation involving Chicago-based figures Adegboyega Mueez Akande and Abiodun Agbele.
The investigation concerned alleged heroin trafficking into Illinois between 1988 and 1991.
U.S. authorities subsequently obtained a court order freezing more than $1.4 million in accounts associated with Tinubu.
In October 1993, a U.S. District Court in Illinois ordered the forfeiture of $460,000 held in an account in Tinubu’s name.
The order described the money as proceeds of narcotics trafficking or funds involved in transactions that violated U.S. money-laundering laws.
Tinubu Has Denied Drug-Trafficking Allegations
Tinubu has consistently denied allegations that he was involved in drug trafficking.
His legal representatives have also maintained that the U.S. case was a civil in rem forfeiture proceeding, meaning the legal action was directed against the money rather than against Tinubu personally.
His lawyers have further argued that Tinubu was never arrested, indicted, arraigned or criminally convicted of a drug-related offence in the United States.
Those arguments remain important in interpreting the latest FBI filing.
The FBI’s August 20 motion does not accuse Tinubu of committing a drug-trafficking offence. Instead, it seeks permission to privately explain why some records requested under FOIA should remain withheld.
Tinubu Previously Joined Extension Request
The latest development comes days after reports that Tinubu formally joined the U.S. Department of Justice’s request for additional time in the same case.
Tinubu’s lawyers had asked that his response remain on the same schedule as the government’s response to the plaintiff’s motion for summary judgment.
Judge Howell subsequently denied the requested 10-day extension but granted a shorter extension, according to the report supplied.
The case has now been pending for more than three years, underscoring the difficulty surrounding the release of the disputed records.
Why This Matters
The FBI’s request is significant because it could provide the court with information that the public cannot currently see.
At the same time, the language surrounding potential threats to life is likely to intensify public interest in the records.
However, it is important to distinguish between what the FBI is asking the court to review privately and what has actually been established about Tinubu.
The latest filing does not publicly reveal the specific information the FBI wants to protect. It also does not establish criminal wrongdoing by Tinubu.
Instead, the immediate legal question is whether the FBI can rely on the cited FOIA exemptions to keep portions of the records from public disclosure.
The court’s eventual ruling could therefore determine whether more information about the decades-old records becomes available.
Political Stakes Rise Ahead of 2027
The legal battle is unfolding as Nigeria approaches the 2027 presidential election, when Tinubu is expected to seek another term.
The disputed records have consequently become a politically sensitive issue, particularly among opposition figures and groups seeking greater scrutiny of the president’s past.
The FBI’s latest filing, however, remains a court procedural development rather than a new criminal finding against the Nigerian president.
What Judge Howell ultimately decides about the confidential declarations could determine the next major step in the battle over the withheld records.
FAQs
What is the FBI seeking from the court?
The FBI wants permission to submit two confidential declarations to Judge Beryl Howell for private review.
Why does the FBI want the information kept secret?
The agency says publicly disclosing the full basis for some of its FOIA exemptions could reveal sensitive law-enforcement information and potentially endanger an individual’s life or physical safety.
Are the Tinubu records being released?
Not yet. The FBI is seeking permission to privately justify withholding portions of the records.
Does the latest filing accuse Tinubu of a crime?
No. The filing concerns the withholding of government records under FOIA and does not itself establish that Tinubu committed a drug-trafficking offence.
What happens next?
If Judge Howell grants the FBI’s request, the agency expects to submit the confidential declarations for the judge’s private consideration in connection with the government’s summary-judgment motion.
Conclusion
The FBI’s latest court filing has added another layer to the long-running legal dispute over U.S. government records concerning Bola Ahmed Tinubu.
By asking Judge Howell to privately examine evidence supporting its decision to withhold portions of the records, the agency has signalled that at least some of the material involves information it considers particularly sensitive.
For now, however, the contents of those proposed confidential declarations remain undisclosed. The next significant development will likely come from Judge Howell’s decision on whether the FBI can submit the material under seal and whether the government’s broader justification for withholding the records satisfies U.S. FOIA requirements.
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