The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington, DC, for permission to submit a confidential declaration explaining why it is withholding some records relating to requests for information concerning President Bola Tinubu.

The application, dated August 20, 2026, was filed before the United States District Court for the District of Columbia.

The FBI said it needed to provide the explanation privately to the judge because it could not disclose the full basis for withholding certain information on the public record.

An ex parte, in camera declaration is a submission made privately to a judge for consideration and is not ordinarily placed on the public court record.

The application was made in response to Freedom of Information Act requests filed by Aaron Greenspan, an American businessman and founder of PlainSite, seeking records relating to Tinubu from the early 1990s.

According to the FBI, one of the requests sought the “entire FBI file” for Tinubu, while another requested FBI Form 302 interview records involving Tinubu in connection with an FBI case during the 1992–1993 period.

The agency said it had relied on several exemptions under the US Freedom of Information Act, including provisions relating to personal privacy, confidential sources, law enforcement investigative techniques and the protection of individuals from potential harm.

The FBI said disclosure of some of the withheld information could reveal law enforcement techniques and procedures and “could reasonably be expected to endanger the life or physical safety of any individual.”

The agency further told the court that it could not publicly explain the full basis for invoking exemptions 7(E) and 7(F), prompting its request to submit an additional declaration under seal.

“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,” the application stated.

If the court grants the request, the FBI said it would submit the confidential declaration before August 28.

Case Follows Court Battle Over Tinubu Records

The latest development is part of a long-running legal battle over Greenspan’s efforts to obtain US government records relating to investigations from the early 1990s.

Between 2022 and 2023, Greenspan filed 12 FOIA requests with six US federal agencies seeking records concerning a Chicago drug-trafficking investigation and four individuals he alleged were connected to it, including Tinubu.

The other individuals named in his requests were Lee Andrew Edwards, Mueez Adegboyega Akande and Abiodun Agbele.

Several US agencies initially responded with what is known as a “Glomar response,” refusing to confirm or deny whether the requested records existed.

Greenspan challenged the responses and later filed a lawsuit against the agencies in June 2023.

The FBI, Drug Enforcement Administration, Internal Revenue Service, Executive Office for United States Attorneys and Department of State were initially named as defendants, while the Central Intelligence Agency was later added to the case.

In April 2025, US District Judge Beryl Howell ruled that the Glomar responses issued by the FBI and DEA were improper and should be lifted.

Howell held that the agencies had not demonstrated sufficient privacy interests to justify refusing to confirm or deny whether Tinubu had been the subject of a criminal investigation.

The judge also found that the agencies had not provided sufficient evidence to support their continued use of the Glomar response.

The ruling, however, did not automatically require the agencies to release every record sought by Greenspan. The agencies could still rely on specific FOIA exemptions to withhold information where legally justified.

FBI Cites Law Enforcement and Safety Concerns

In its latest application, the FBI maintained that some information remains protected under FOIA exemptions.

The agency said the withheld material could reveal investigative techniques and procedures and could potentially expose individuals to risks.

The FBI’s request therefore asks the court to consider its full explanation privately rather than requiring the agency to disclose sensitive details publicly.

The case has attracted renewed attention in Nigeria because of the identity of one of the individuals named in the FOIA requests.

The allegations referenced in the litigation concern events dating back to the early 1990s. The latest court filing itself does not establish that Tinubu committed any drug-related offence.

The Nigerian President has previously denied allegations linking him to drug trafficking, while his legal representatives have participated in the ongoing US court proceedings concerning the records.

The court is expected to determine whether to permit the FBI to file the confidential declaration and how the agency’s claimed exemptions should be treated as the litigation continues.