The United States Federal Bureau of Investigation (FBI) has asked a federal court to permit it to withhold portions of records linked to an old investigation involving President Bola Tinubu.
The agency said releasing the documents could expose law-enforcement techniques and endanger individuals connected to the investigation.
The request was contained in a motion filed on Thursday, August 20, 2026, before the US District Court for the District of Columbia.
The FBI asked to submit additional details privately to the judge through a sealed declaration. It wants the explanation to be considered ex parte and in camera—that is, presented directly to the judge and heard or reviewed outside the public court record.
According to the bureau, a public explanation of its decision could itself disclose the sensitive information it is seeking to protect.
FOIA requests
The dispute followed two Freedom of Information Act requests for FBI records relating to Tinubu.
One request sought the bureau’s complete file on the Nigerian president, while the other requested interview reports, known as Form 302s, connected to an FBI investigation conducted in 1992 and 1993.
The FBI said it relied on several exemptions under the US FOIA law to withhold parts of the records. The exemptions cover personal privacy, confidential sources, law-enforcement procedures and information that could threaten a person’s physical safety.
The agency specifically cited exemptions 7(E) and 7(F), arguing that its public court filings could not fully explain why the provisions applied without revealing protected information.
It therefore asked the court to allow it to provide a confidential declaration for the judge’s private review.
If granted permission, the FBI said it would submit the declaration by August 28, 2026.vanguardngr
Case background
The case was filed by Aaron Greenspan, founder of PlainSite, who requested government records relating to a Chicago-based heroin-trafficking investigation from the early 1990s.
Between 2022 and 2023, Greenspan submitted 12 FOIA requests to six federal agencies. The requests sought records concerning four individuals, including Tinubu, Lee Andrew Edwards, Mueez Abiodun Akande and Abiodun Agbele.
Several agencies initially declined to confirm whether they had records responsive to the requests. Such a position is commonly known in US law as a “Glomar response.”
Greenspan challenged the decisions and later instituted legal action after the Justice Department’s Office of Information Policy upheld the agencies’ positions.
In April 2025, US District Judge Beryl Howell ruled against the FBI and the Drug Enforcement Administration’s continued reliance on the Glomar response.
The judge held that the agencies had not established a sufficient legal basis for refusing to confirm whether records concerning Tinubu existed.
Latest court dispute
The FBI’s latest application comes amid a continuing legal dispute over the release of the records.
The US Justice Department had requested a 10-day extension to respond to a court order. However, Judge Howell granted only four additional days and set August 21, 2026, as the new deadline.
Tinubu’s lawyers later joined the Justice Department’s request for additional time, but the judge reportedly rejected the longer extension.
The FBI is now seeking permission to provide the court with its fuller justification for withholding portions of the records behind closed doors.
The agency maintains that the withheld material contains sensitive information about investigative methods and details that could expose individuals to physical danger.
