Alleged Drug Trafficking: FBI Explains Why Tinubu’s Records Can’t Be Released

The United States Federal Bureau of Investigation (FBI) has asked a US court for permission to withhold portions of records relating to an old investigation linked to President Bola Tinubu, citing the need to protect sensitive 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 details supporting its decision to withhold parts of the records ex parte and in camera — meaning the information would be presented privately to the judge and excluded from the public court record.

The agency argued that publicly explaining the withheld information could defeat the purpose of the exemptions it is relying on.

According to the FBI, some of the material could reveal investigative procedures and techniques used by law-enforcement agencies, while other information could expose individuals to potential threats to their physical safety.

The development 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 connected to Tinubu. One request sought the bureau’s complete file on the Nigerian president, while another requested interview reports, known as Form 302s, relating to an FBI investigation from 1992 and 1993.

The FBI said it had relied on several FOIA exemptions to withhold portions of the records, including provisions protecting personal privacy, confidential sources, law-enforcement techniques and information that could endanger individuals.

The agency specifically said its public filings could not fully explain its reliance on FOIA exemptions 7(E) and 7(F) without revealing the very information it seeks to protect.

It therefore wants to file a sealed declaration allowing the judge to review its full justification privately.

If granted permission, the FBI said it intends to submit the confidential declaration by August 28.

Background to the Case

The case was filed 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 federal agencies concerning four individuals, including Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.

Several agencies initially declined to confirm whether responsive records existed, using what is commonly 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 FBI and Drug Enforcement Administration’s continued use of the Glomar response, finding that the agencies had not established a sufficient legal basis for concealing whether records concerning Tinubu existed.

The latest FBI application comes amid the continuing legal dispute over disclosure of the records.

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

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

The FBI is now seeking to provide the court with its fuller justification behind closed doors, particularly regarding information it says could expose sensitive investigative techniques or place individuals at risk.