A US federal judge has granted the Federal Bureau of Investigation (FBI) permission to submit a confidential explanation to the court on why it is withholding certain records relating to investigations involving Nigerian President Bola Ahmed Tinubu, as a legal battle over the release of the documents continues.
US District Judge Beryl Howell of the District Court for the District of Columbia also gave the FBI, the US Department of Justice (DOJ), the Drug Enforcement Administration (DEA) and President Tinubu until August 28, 2026, to file their opposition to the release of the records.
The development is the latest stage in a Freedom of Information Act (FOIA) lawsuit brought by American businessman Aaron Greenspan, who has sought access to US government records concerning investigations involving Tinubu dating back to the early 1990s.
The court’s permission allows the FBI to provide its explanation ex parte and in camera—meaning the information will be submitted privately to the judge for review rather than placed on the public court record.
FBI cites law-enforcement and safety concerns
In an August 20 application, the FBI told the court that it could not publicly disclose the full basis for withholding some of the requested records.
The bureau argued that releasing the information could expose law-enforcement investigative techniques and procedures or potentially endanger individuals.
The FBI has relied on several FOIA exemptions, including Exemptions 6, 7(C), 7(D), 7(E) and 7(F), to justify withholding or redacting portions of the records.
The agency said it had determined that disclosure of some of the information could reveal investigative methods and procedures and could “reasonably be expected to endanger the life or physical safety of any individual.”
The latest application concerns two specific FBI requests filed by Greenspan.
Two FBI requests at centre of dispute
The first request, No. 1588244-000, was submitted in March 2023 and sought the entire FBI file relating to Tinubu.
The second, No. 1593615-000, sought FBI Form 302 interview records involving Tinubu from FBI Case No. 245-IP-71386-UUUUUU covering the period 1992–1993.
US court records confirm that both requests are part of the broader FOIA litigation involving Greenspan and several US government agencies.
The FBI said it had previously declined to confirm or deny the existence of some requested records, citing privacy protections under the FOIA. Earlier court proceedings, however, have addressed the agencies’ responses and the disclosure of non-exempt material.
The FBI’s latest position is that it needs to provide the judge with additional information privately because it cannot fully explain certain applications of FOIA Exemptions 7(E) and 7(F) in an open filing.
Court to consider arguments before release decision
Judge Howell’s latest order does not amount to a decision to release the records, nor does it establish the substance of the information contained in the files.
Instead, the order permits the FBI to make its confidential case to the court while giving the relevant parties an opportunity to oppose disclosure by August 28.
The proceedings therefore remain focused on whether portions of the records can legally be withheld under US FOIA rules.
The case has attracted renewed attention in Nigeria because of the long-running allegations surrounding Tinubu’s dealings in the United States in the early 1990s.
Case dates back to 2022
Greenspan began submitting FOIA requests to US government agencies between 2022 and 2023 seeking records connected to investigations involving Tinubu and other individuals.
The litigation also concerns a 1993 civil forfeiture of $460,000 in the United States involving funds that Greenspan has linked to Tinubu.
Court records show that the FOIA dispute has involved multiple US agencies, including the FBI, DEA and other federal authorities. The case has also generated several previous court rulings concerning the agencies’ obligations to search for and produce non-exempt records.
In April 2025, Judge Howell ruled on several issues in the case, including the agencies’ responses to FOIA requests concerning Tinubu and another individual.
No new finding of wrongdoing
The latest court action should not be interpreted as a finding that Tinubu committed drug trafficking or any other criminal offence.
The proceedings concern access to government records under the US Freedom of Information Act, including whether information contained in those records is protected from disclosure under statutory exemptions.
The FBI’s request for confidential judicial review similarly relates to its legal justification for withholding information and does not, by itself, establish the truth of the allegations contained in the underlying requests.
The next significant deadline in the case is August 28, 2026, when the FBI, DOJ, DEA and Tinubu are expected to present their opposition to the release of the records.
The court will subsequently determine what information, if any, can be made public.
Credit: Businessstandardsng
