United States’ FBI has asked a federal court for permission to submit a confidential declaration explaining why key records linked to historical drug trafficking allegations against Nigerian President Bola Ahmed Tinubu must remain secret.
In an application dated 20 August 2026 and submitted to the United States District Court for the District of Columbia, the federal agency warned that making the full details public would compromise law enforcement operations and put personal safety at risk.
The development marks the latest chapter in a long-running legal battle brought under the US Freedom of Information Act (FOIA) by Aaron Greenspan, an American legal transparency campaigner and founder of PlainSite.
The FBI argued in its filing that it cannot publicly set out its full legal rationale for withholding certain investigative files without disclosing the sensitive information itself.
To resolve this, the bureau requested approval to submit an ex parte, in camera declaration—a private submission examined directly by the judge away from the public record.
The agency cited several statutory exemptions under US freedom of information law to justify its withholdings, specifically targeting exemptions governing confidential source protection, sensitive investigative methods, and individual physical safety.
“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 and that, therefore, an ex parte, under seal declaration is necessary,” the agency stated in its court application.
The bureau elaborated on the potential fallout if the withheld material were exposed:
“The information withheld from Plaintiff in this case, if disclosed, would, among other things, disclose techniques and procedures for law enforcement investigations and/or could reasonably be expected to endanger the life or physical safety of any individual”.
The application specifies two key requests made by Greenspan: Request Number 1588244-000, which sought “[t]he entire FBI file for Bola Ahmed Tinubu, DOB 3/29/1952, President-Elect of Nigeria as of February 2023”, and Request Number 1593615-000, which demanded “FBI 302 interviews with Bola Tinubu from FBI Case No. 245-IP-71386-UUUUUU during the timeframe 1992-1993”.
If United States District Judge Beryl Howell approves the application, the FBI plans to submit its confidential filing before 28 August 2026.
Background to the Legal Challenge
The legal dispute traces back to FOIA requests submitted between 2022 and 2023 by Greenspan targeting six US government agencies, including the FBI, the Drug Enforcement Administration (DEA), and the Central Intelligence Agency (CIA).
Greenspan sought historical records regarding a Chicago heroin trafficking investigation from the early 1990s involving four named individuals: Bola Ahmed Tinubu, Lee Andrew Edwards, Mueez Adegboyega Akande, and Abiodun Agbele.
In response to the original requests, federal agencies issued standard “Glomar” responses—refusing to confirm or deny whether records existed.
However, in April 2025, Judge Howell delivered a major procedural ruling holding that the FBI and DEA could no longer rely on blanket Glomar refusals regarding President Tinubu, determining that public interest outweighed the privacy claims asserted at that stage. The judge ordered both agencies to process non-exempt records for release.
The US Department of Justice recently requested a 10-day extension to comply with the court’s processing orders, a motion joined by President Tinubu’s legal counsel. Judge Howell declined the full extension, granting only four additional days and setting a strict deadline. The latest filing by the FBI represents a distinct attempt to protect specific operational details before any documents are handed over.
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