The Federal Bureau of Investigation (FBI) has formally requested permission from a United States District Court to submit a confidential declaration detailing its rationale for withholding specific records concerning historical investigations involving Nigerian President Bola Tinubu.
In a filing submitted to the District Court for the District of Columbia, the FBI explained that public disclosure of the withheld material could compromise law enforcement techniques, procedures, or the physical safety of individuals involved. The agency invoked multiple exemptions under the Freedom of Information Act (FOIA) in response to records requests covering the period from 1992 to 1993.
The underlying legal challenge stems from a lawsuit filed in June 2023 by American businessman and PlainSite founder Aaron Greenspan. Greenspan initiated the legal action after multiple federal agencies issued "Glomar responses"—declining to confirm or deny the existence of records—pertaining to FOIA requests he submitted regarding a 1990s Chicago drug investigation. The lawsuit originally named several federal bodies, including the FBI, Drug Enforcement Administration, Internal Revenue Service, and the Department of State, with the Central Intelligence Agency later added to the amended complaint.
In April 2025, U.S. District Judge Beryl Howell ruled that the Glomar responses issued by both the FBI and DEA were improper, concluding that the agencies failed to demonstrate sufficient justification for maintaining secrecy regarding whether Tinubu was a subject of past investigations.
Subsequent legal proceedings have involved scheduling disputes. The Department of Justice recently sought an extension to address court orders regarding document releases, a motion supported by Tinubu's legal team. While Judge Howell denied a 10-day extension, she granted a partial four-day extension. Meanwhile, the FBI’s latest application indicates that if the court approves the submission of an ex parte, in camera declaration, the confidential filing will be provided for judicial review.