FBI asks US court to keep records on Tinubu drug trafficking probe secret

The Federal Bureau of Investigation (FBI) is seeking permission from a U.S. court to submit a confidential declaration. This submission would privately explain why the agency is withholding certain records connected to a drug-trafficking investigation from 1992-1993 that allegedly involves Nigerian President Bola Tinubu.

In an application filed on August 20 with the U.S. District Court for the District of Columbia, the FBI stated it cannot publicly disclose the full reasons for withholding specific information. The agency invoked several exemptions under the U.S. Freedom of Information Act (FOIA) in response to requests for records concerning Tinubu from that period. The FBI argues that releasing the withheld information could disclose law enforcement investigation techniques and procedures, or potentially endanger the life or physical safety of any individual.

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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

One of the requests specifically sought "The entire FBI file for Bola Ahmed Tinubu, DOB 3/29/1952, President-Elect of Nigeria as of February 2023." Another request was for "FBI 302 interviews with Bola Tinubu from FBI Case No. 245-IP-71386-UUUUUU during the timeframe 1992-1993." The FBI has cited FOIA Exemptions 6, 7(C), 7(D), 7(E), and 7(F) regarding these requests. The agency believes that an ex parte, under seal declaration is necessary because it cannot provide the full basis for applying Exemptions 7(E) and 7(F) on the public record.

The application was published by Von Batten-Montague-York, a lobbying firm recently hired by former Nigerian Vice-President Atiku Abubakar. The FBI indicated that if the court grants its request, it would submit the confidential declaration by August 28. The plaintiff in the case is identified as Aaron Greenspan, an American businessman and founder of PlainSite. This development follows a separate court order where the U.S. Department of Justice sought an extension to respond to a court order concerning the release of records linked to allegations involving Tinubu.

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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.