FBI Seeks Ex Parte In Camera Declaration in President Tinubu’s FOIA Case
- The FBI has asked a US court for permission to submit confidential declarations explaining why it withheld records linked to President Bola Tinubu
- The motion comes after Freedom of Information Act requests sought details of alleged drug related investigations from the early 1990s
- Judge Beryl Howell has already ruled that some agency responses were improper, intensifying the legal battle over Tinubu’s past
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The Federal Bureau of Investigation (FBI) has filed a motion to submit ex parte in camera declarations explaining why it withheld information about investigative records linked to allegations of drug trading against Nigerian President Bola Tinubu.
An ex parte in camera declaration is a written statement presented only to a judge, without being shared publicly.
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In its application dated August 20, 2026, the FBI told the US District Court in Columbia that it could not publicly explain all the reasons for withholding certain records, hence the need for a confidential submission to the judge.
FOIA requests and exemptions
According to The Cable, the FBI confirmed that it invoked several Freedom of Information Act (FOIA) exemptions in response to requests for Tinubu’s records from 1992 to 1993.
The agency argued that releasing the documents “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 sought “the entire FBI file for Bola Ahmed Tinubu, DOB 3/29/1952, President-Elect of Nigeria as of February 2023.” Another request asked for “FBI 302 interviews with Bola Tinubu from FBI Case No. 245-IP-71386-UUUUUU during the timeframe 1992-1993.”
The FBI cited exemptions 6, 7(C), 7(D), 7(E), and 7(F), stressing that some reasons for withholding information could only be explained under seal.
Court seadlines and DOJ extension
The FBI said it would provide its confidential explanation before August 28, 2026, if the court grants permission.
The plaintiff in the case is Aaron Greenspan, founder of PlainSite. Recently, the US Department of Justice (DOJ) requested an additional 10-day extension to respond to a court order concerning the release of Tinubu-related records. Judge Beryl Howell granted only four extra days, until August 21, 2026.
Tinubu’s legal team also joined the DOJ’s request for more time, but Howell declined.
Background of the case
Between 2022 and 2023, Greenspan filed 12 FOIA requests with six US federal agencies seeking information about a Chicago ring that operated in the early 1990s. He requested records on four individuals allegedly linked to the ring: Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande, and Abiodun Agbele.
Five agencies responded with Glomar responses, refusing to confirm or deny the existence of records. Dissatisfied, Greenspan escalated the matter to the DOJ’s Office of Information Policy (OIP), which upheld the refusals.
On June 12, 2023, Greenspan filed a lawsuit challenging the Glomar responses. The FBI, DEA, IRS, EOUSA, and Department of State were named as defendants, with the CIA later added.
Judge Howell’s Ruling
In April 2025, Judge Howell ruled that the FBI and DEA’s Glomar responses were “improper and must be lifted.” She held that the agencies failed to show a valid privacy interest in keeping secret the fact that Tinubu was a subject of criminal investigation.
The judge concluded that the agencies did not provide sufficient evidence to justify their refusal to confirm or deny the existence of records.
Tinubu backs delay to release of drug investigation records
Legit.ng earlier reported that a US federal judge has rejected President Bola Tinubu's attempt to join a motion seeking extra time to respond to a court order compelling the FBI and Drug Enforcement Administration (DEA) to release records tied to allegations of drug traff1cking against him.
Source: Legit.ng
