The legal battle over records linked to President Bola Tinubu’s past dealings in the United States has entered another stage, with the president giving reasons why documents being sought from the Federal Bureau of Investigation (FBI) should not be made public.
The development comes after the FBI submitted records connected to its 1993 investigation involving Tinubu to a United States federal judge for a confidential review.
The documents were delivered on Friday, August 28, to Judge Beryl Howell of the U.S. District Court for the District of Columbia, following an order requiring the FBI to meet a court-imposed deadline in the Freedom of Information Act (FOIA) case.
The records were not released to the public or handed over to Aaron Greenspan, the American transparency campaigner who has been pursuing access to the documents.
Instead, the FBI filed the material “under seal, ex parte, in camera,” meaning that the documents were presented privately to the judge for examination.
Tinubu’s position is that the records should remain protected rather than being released publicly, with his legal team arguing that disclosure could expose private information and potentially create implications beyond what the old investigation established.
The president has cited four key reasons in opposing the release of the FBI records, particularly in relation to privacy, the nature of the information contained in the files, the age of the investigation and the absence of a criminal conviction arising from the matter.
The latest court action does not amount to a public release of the records, nor does it represent a new judicial finding against Tinubu. Judge Howell must first examine the documents and the legal arguments surrounding them before deciding whether the FBI can lawfully continue withholding them.
The dispute centres on records relating to investigations involving Tinubu in the United States during the early 1990s. Greenspan had sought the materials through FOIA requests and later commenced legal proceedings against US government agencies after the records were not released.
Nigerian journalist David Hundeyin has also been involved in efforts to obtain the documents.
Among the materials being sought are FBI files relating to Tinubu and interview reports, commonly known as Form 302 records, from the 1992 and 1993 period.
The FBI has maintained that some of the information cannot simply be released because doing so could expose protected law-enforcement material. The agency has relied on exemptions contained in the US FOIA law, including provisions dealing with personal privacy, confidential sources, investigative techniques and information whose disclosure could endanger individuals.
In one of its filings, the FBI explained why it wanted to make part of its argument privately. It said, “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.”
That position led to the current confidential review by Judge Howell.
The case has attracted attention because it relates to allegations and investigations involving Tinubu during his years in the United States. One of the matters associated with the records involved the forfeiture of about $460,000 in 1993 in Chicago.
Previously released US court documents showed that funds linked to Tinubu were forfeited to the United States government. Tinubu has denied wrongdoing and has not been criminally convicted in relation to the matter.
His lawyers have opposed further disclosure of the FBI material, arguing that the publication of additional records could violate his privacy without establishing a new criminal finding against the President.
The legal team has also argued that some details concerning the old proceedings are already publicly available and that releasing more information would not necessarily provide evidence of criminal wrongdoing.
The latest filing therefore places the immediate decision in the hands of Judge Howell.
The judge could eventually order the release of some or all of the documents, agree with the FBI that certain portions are protected from disclosure, or ask the agency to provide further justification before making a final determination.
Until that process is completed, Greenspan and members of the public will not have access to the disputed records.
The development follows months of legal exchanges between the FBI, Tinubu’s lawyers, Greenspan and the court over the documents.
The FBI had previously sought additional time to review the records and determine what information could be disclosed under US law. Judge Howell subsequently imposed a deadline after becoming increasingly concerned about delays in the case.
Tinubu’s legal team later joined the US Department of Justice in opposing the release of the records, maintaining that disclosure could infringe on the President’s privacy rights.