The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington, D.C., for permission to privately explain why it is withholding some records sought in a Freedom of Information Act (FOIA) case involving President Bola Ahmed Tinubu.
The request, filed on August 20 before the US District Court for the District of Columbia, concerns records relating to Tinubu from the early 1990s. The FBI says publicly explaining the full basis for some of its exemptions could reveal sensitive law-enforcement methods or potentially put individuals at risk.
The agency wants 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 court record.
FBI wants to explain withholding privately
The application relates to FOIA requests filed by Aaron Greenspan, an American businessman and founder of PlainSite, who has been seeking historical US government records concerning Tinubu.
One of Greenspan’s requests sought Tinubu’s entire FBI file, while another sought FBI Form 302 interview records involving Tinubu in connection with an FBI case covering the 1992–1993 period.
The FBI said it had relied on several exemptions under the US Freedom of Information Act, including Exemptions 6, 7(C), 7(D), 7(E) and 7(F).
According to the agency, some of the information withheld could reveal law-enforcement investigative techniques and procedures. It also said disclosure of certain material could reasonably be expected to endanger the life or physical safety of an individual.
The FBI said it could not fully explain the basis for invoking Exemptions 7(E) and 7(F) publicly because doing so could undermine the very protections it is seeking to maintain.
If the court grants the request, the FBI said it would submit the confidential declaration by August 28.
Case centres on long-running FOIA battle
The latest filing is part of a legal battle that began after Greenspan filed multiple FOIA requests with US federal agencies seeking records connected to historical investigations.
Between 2022 and 2023, Greenspan filed 12 requests with six federal agencies concerning investigations from the early 1990s. His requests included records relating to Tinubu and three other individuals he said were connected to a Chicago drug investigation.
Several agencies initially responded with what is known as a Glomar response — a position in which an agency refuses to confirm or deny whether requested records exist.
Greenspan challenged those responses in court.
In April 2025, US District Judge Beryl Howell ruled that the FBI and Drug Enforcement Administration had not adequately justified their use of Glomar responses in relation to the requests concerning Tinubu and ordered the agencies to lift those responses.
Tinubu has denied wrongdoing
The dispute concerns historical allegations and US law-enforcement records; it should not be interpreted as a new finding that Tinubu committed drug trafficking.
Tinubu has consistently denied wrongdoing, and previous reporting on the case has noted that the US proceedings involved civil forfeiture rather than a criminal conviction for drug trafficking.
The current issue before the court is whether the FBI can withhold portions of the requested records under specific FOIA exemptions and whether it should be allowed to privately provide the judge with additional reasons for doing so.
Court deadline approaches
The FBI’s latest application comes amid continuing proceedings over the release of the records.
The US Department of Justice had sought an additional 10-day extension to respond to a court order concerning the documents, but Judge Howell granted only a shorter extension, setting August 21 as the deadline. Tinubu’s legal team subsequently joined the government’s request for more time, which the judge also declined to grant in full.