WASHINGTON, D.C. — The U.S. Federal Bureau of Investigation has asked a federal judge in Washington to examine privately the portions of its records concerning Nigerian President Bola Ahmed Tinubu that the agency says cannot be fully justified on the public court record.
The request is the latest development in a three-year-old Freedom of Information Act (FOIA) lawsuit brought by American transparency activist Aaron Greenspan, who is seeking historical records from the FBI, Drug Enforcement Administration (DEA) and other U.S. agencies relating to investigations involving Tinubu.
The FBI’s application, filed on August 20, 2026, asks U.S. District Judge Beryl Howell for permission to submit a confidential declaration ex parte and in camera — meaning the material would be presented privately to the judge and kept under seal rather than made available to the plaintiff or the public.
What the FBI wants the judge to examine
The dispute is not simply over whether records exist. The current issue is whether the FBI has provided sufficient legal justification for withholding portions of records requested under the FOIA.
According to reporting on the FBI’s filing, Greenspan’s requests include the FBI’s entire file concerning Tinubu and Form 302 interview records associated with an FBI case covering the 1992–1993 period.
The bureau said it had relied on several FOIA exemptions, including provisions relating to personal privacy, confidential sources, law-enforcement techniques and the protection of individuals from potential physical harm.
The FBI specifically said it could not publicly provide the complete basis for invoking FOIA Exemptions 7(E) and 7(F), arguing that publicly explaining the information could undermine the very protections it is seeking to apply.
That is why the bureau wants Judge Howell to see the additional explanation privately.
Importantly, the FBI’s reference to information that could endanger the life or physical safety of an individual does not identify Tinubu as the person whose safety could allegedly be at risk. The public filing refers generally to an individual, and interpretations linking that language specifically to the Nigerian president have not been established by the filing itself.
August 28 becomes the next important date
The FBI said it would submit the confidential declaration by August 28, 2026, if the court grants the request.
This is significant because the latest filing follows another deadline dispute involving the same FOIA litigation.
Earlier in August, the U.S. Department of Justice sought an additional 10 days to respond to the court’s orders concerning the records. Tinubu’s legal team subsequently joined that request.
Judge Howell rejected the full 10-day extension and instead granted a shorter extension, setting August 21 as the relevant deadline for the government’s response.
The new FBI filing therefore moves the case into another phase: rather than simply asking for more time, the bureau is asking the judge to consider part of its legal justification away from the public record.
How the case got here
The controversy dates back to FOIA requests submitted by Greenspan between 2022 and 2023.
Greenspan sought records from several U.S. federal agencies concerning historical investigations, including matters dating to the early 1990s and a 1993 civil forfeiture proceeding involving funds associated with Tinubu.
The litigation was filed in 2023 after agencies had used so-called “Glomar” responses in relation to some requests. A Glomar response allows a government agency, in certain circumstances, to refuse to confirm or deny whether responsive records exist.
The case subsequently moved into federal court, where Judge Howell reviewed the agencies’ positions.
In April 2025, Howell ruled that the FBI and DEA could not rely on their previous blanket approach to the requests and directed the agencies to search for and process non-exempt records responsive to the FOIA demands.
That ruling did not mean that every requested document had to be released without redactions. Under the U.S. FOIA framework, agencies can continue to withhold information that falls within legally recognised exemptions.
The continuing dispute is therefore about which records or portions of records must be disclosed and which may lawfully remain secret.
Why Tinubu’s name is connected to the case
The records sought by Greenspan relate to U.S. investigations from the late 1980s and early 1990s, including a Chicago investigation and a 1993 civil forfeiture matter.
Reports on the litigation have linked the case to allegations surrounding drug trafficking and funds associated with accounts bearing Tinubu’s name.
Tinubu has consistently denied wrongdoing.
It is also important to distinguish the current FOIA lawsuit from a criminal prosecution. The litigation before Judge Howell is a civil case concerning access to government records under the U.S. Freedom of Information Act. The historical civil forfeiture proceedings did not amount to a criminal conviction of Tinubu for drug trafficking.
That distinction matters because headlines describing the dispute simply as a “drug-trafficking case” can give readers the misleading impression that Tinubu is currently facing a U.S. criminal prosecution. He is not.
What the lobbying firm is saying
The latest development was publicised by Washington-based lobbying firm Von Batten-Montague-York, L.C., which has been involved in advocacy work for former Nigerian Vice President Atiku Abubakar.
The firm has been actively commenting on the FOIA litigation and has characterised the FBI’s request for private judicial review as evidence that the records contain particularly sensitive material.
However, those interpretations should be treated separately from what the FBI and the court have actually established.
The firm’s public statements are not themselves court rulings, and claims about the political motives of individuals involved in the litigation have not been established merely because the firm has made them.
What happens next?
The immediate question is whether Judge Howell will permit the FBI to submit its confidential declaration and, if so, what the judge will conclude after reviewing it.
If the court allows the filing, the judge will be able to assess the FBI’s arguments concerning the disputed exemptions without requiring the agency to disclose sensitive information publicly.
The eventual outcome could take several forms: some records could be released, some could remain redacted or withheld under FOIA exemptions, or the court could require the agencies to provide further justification.
For now, the latest filing does not establish that the disputed records prove drug trafficking by Tinubu. Nor does it mean that all records concerning him will automatically become public on August 28.
The next significant development will be the court’s handling of the FBI’s confidential submission and any subsequent ruling on the records.
Why this matters
The case has attracted unusual attention because it combines a long-running U.S. transparency lawsuit with records concerning the sitting president of Nigeria.
For Nigerian readers, the most important point is to separate allegations, historical investigations, court filings and established findings.
The FOIA process could eventually shed more light on what U.S. agencies have retained from their historical investigations. But until the court rules on the disputed material, claims about what the documents contain remain allegations or interpretations rather than established facts.
The August 28 deadline could therefore mark another important stage in a legal battle that has already lasted several years.
Key timeline
- 2022–2023: Aaron Greenspan submitted multiple FOIA requests seeking historical U.S. government records.
- June 2023: Greenspan filed the federal lawsuit after disputes over the agencies’ responses.
- April 2025: Judge Beryl Howell directed the FBI and DEA to move beyond their previous blanket “Glomar” responses and process non-exempt records.
- August 2026: The DOJ sought additional time, while Tinubu’s lawyers joined the request for a longer extension.
- August 21, 2026: The latest reporting identifies this as the court’s deadline following the shortened extension.
- August 20, 2026: The FBI filed its application seeking permission to submit a confidential declaration supporting its withholding position.
- August 28, 2026: The FBI says it would submit the confidential declaration by this date if the court permits it.
Editor’s note: This report distinguishes between information contained in court-related filings and claims made publicly by interested parties. President Bola Tinubu has denied wrongdoing, and the existence of a FOIA dispute should not be interpreted as a criminal conviction or proof of drug trafficking.
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