The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington, D.C., to allow it to file a confidential declaration explaining why it is withholding portions of records linked to allegations surrounding President Bola Tinubu and a drug-trafficking investigation dating back to the early 1990s.
The request, filed on August 20, 2026, before the United States District Court for the District of Columbia, came as the FBI faces a court-ordered deadline to justify its decision to withhold some of the records sought under the US Freedom of Information Act (FOIA).
The agency is seeking permission to submit an ex parte, in camera declaration, meaning the explanation would be presented privately to the judge and kept under seal rather than placed on the public record.
The filing was published on Thursday on X by Von Batten-Montague-York, a Washington-based lobbying firm recently engaged by former Vice President Atiku Abubakar.
The FBI said it had invoked several FOIA exemptions in responding to requests for records relating to Tinubu between 1992 and 1993.
According to the agency, disclosure of the withheld information could reveal sensitive law-enforcement techniques and potentially endanger the life or physical safety of individuals.
“The FBI has invoked various Freedom of Information Act (FOIA) Exemptions, including 6, 7(C), 7(D), 7(E) and 7(F) regarding these requests, and determined 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 filing stated.
The FBI further told the court that it could not publicly disclose its complete justification for invoking some of the exemptions.
“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 said.
The FBI asked the court to permit it to submit the confidential declaration by August 28 if its application is granted.
Records sought over 1990s investigation
The case arose from a lawsuit filed by Aaron Greenspan, an American businessman and founder of PlainSite, who has been seeking US government records relating to a Chicago-based heroin-trafficking investigation from the early 1990s.
One of Greenspan’s FOIA requests, identified as Request No. 1588244-000, sought:
“The entire FBI file for Bola Ahmed Tinubu, DOB 3/29/1952, President-Elect of Nigeria as of February 2023.”
His second request, numbered 1593615-000, sought “FBI 302 interviews with Bola Tinubu from FBI Case No. 245-IP-71386-UUUUUU during the timeframe 1992-1993.”
The latest FBI move followed an earlier application by the US Department of Justice for a 10-day extension to comply with a court order concerning the release of records connected to the case.
District Judge Beryl Howell, however, granted only a four-day extension, moving the deadline to August 21.
Tinubu, through his legal team, joined the DOJ’s request for the additional 10 days, but Howell rejected the application.
Court battle over FBI records
Between 2022 and 2023, Greenspan filed 12 FOIA requests with six US federal agencies seeking records relating to investigations into a Chicago-based heroin ring that operated in the early 1990s.
The requests concerned four individuals whom Greenspan alleged were connected to the investigation: Tinubu, Lee Andrew Edwards, Mueez Adegboyega Akande and Abiodun Agbele.
Five federal agencies responded with what is known as a Glomar response, declining to confirm or deny whether the requested records existed.
After the Department of Justice’s Office of Information Policy upheld the responses, Greenspan filed a lawsuit on June 12, 2023, challenging the agencies’ refusal to disclose the information.
The defendants initially included the FBI, Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), Executive Office for United States Attorneys and the Department of State. The Central Intelligence Agency (CIA) was later added to the case.
In April 2025, Howell ruled that the Glomar responses issued by the FBI and DEA were “improper and must be lifted.”
The judge held that the agencies had failed to demonstrate sufficient privacy interests to justify refusing to acknowledge whether Tinubu had been the subject of a criminal investigation.
Howell also ruled that the FBI and DEA had not provided adequate evidence to support maintaining their Glomar responses, paving the way for further proceedings over the release of the requested records.
The latest filing means the FBI is now asking the court to allow it to explain privately why some of the records remain withheld, rather than making the full justification publicly available.
