WASHINGTON — The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington, D.C., for permission to keep records relating to an old investigation involving President Bola Tinubu from public view, citing concerns that their release could expose sensitive investigative methods and endanger individuals .
The agency made the request in an application filed on August 20 before the U.S. District Court for the District of Columbia, seeking to submit an ex parte, in camera declaration—a confidential submission made privately to a judge without being placed on the public record .
FOIA Exemptions Cited
The FBI said it had invoked several exemptions under the U.S. Freedom of Information Act (FOIA) in response to requests for records relating to Tinubu from 1992 to 1993 . The records being sought include the bureau’s complete file on the Nigerian president and interview reports connected to an FBI case from the early 1990s .
In its application, the FBI argued that releasing the withheld information “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 agency specifically cited FOIA Exemptions 7(E) and 7(F), noting that publicly disclosing the reasons for withholding the records could itself reveal the very law-enforcement techniques it seeks to protect .
If the court approves the request, the FBI said it would submit the confidential declaration explaining its reasons for withholding the information before August 28 .
The case, Aaron Greenspan v. Executive Office for U.S. Attorneys, et al., Civil Action No. 23-1816 (BAH), was brought by American businessman Aaron Greenspan, who filed 12 FOIA requests with six U.S. federal agencies between 2022 and 2023 seeking records from investigations into a Chicago heroin ring that operated in the early 1990s . The requests sought records concerning four individuals allegedly linked to the drug ring, including Tinubu .
Five of the agencies initially responded with what is known as a “Glomar” response—an official refusal to confirm or deny whether the requested records existed . Greenspan challenged the responses and sued after the Department of Justice’s Office of Information Policy upheld the agencies’ refusals .
In April 2025, Judge Beryl Howell ruled that the “Glomar” responses issued by the FBI and DEA were “improper and must be lifted,” holding that the agencies had failed to establish a sufficient privacy interest to justify keeping secret the fact that Tinubu was a subject of a criminal investigation .
The FBI’s latest application follows a separate request by the U.S. Department of Justice for a 10-day extension to respond to a court order concerning the release of the records . Judge Howell granted only a four-day extension, setting August 21 as the deadline .
Tinubu, through his legal team, subsequently joined the DOJ’s request for an additional 10-day extension. However, Howell reportedly declined that request .
