The United States Federal Bureau of Investigation has warned that releasing certain records related to Nigerian President Bola Tinubu could place individuals at risk of death or physical harm. The warning was made as the agency asked a federal court for permission to explain privately why some of the requested documents have been withheld.In a filing submitted to the U.S. District Court for the District of Columbia on August 20, the FBI requested authorization to provide a confidential declaration detailing the basis for its decision.
The agency said it could not disclose the complete explanation publicly because doing so might reveal sensitive law-enforcement methods, investigative procedures, or other information that could compromise individuals or ongoing protective interests.The FBI is seeking to submit the declaration ex parte and in camera. If approved, those arrangements would allow the agency to present its explanation directly to the judge, privately and under seal, without making the contents available to the public or other parties in the case.The records were requested by Aaron Greenspan, the founder of PlainSite, who submitted Freedom of Information Act requests seeking documents concerning Tinubu from 1992 and 1993, when Tinubu was living in exile in the United States. Greenspan’s requests include Tinubu’s complete FBI file, as well as interview records and other materials connected to an FBI investigation involving him.In its court application, the FBI said it had relied on several exemptions under the U.S. Freedom of Information Act. Those exemptions cover information involving personal privacy, confidential sources, law-enforcement techniques and procedures, and material whose disclosure could reasonably be expected to endanger a person’s life or physical safety.
The agency stated: “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.” Exemption 7(E) generally protects information that could disclose law-enforcement techniques or procedures, while Exemption 7(F) concerns information that could threaten an individual’s life or physical safety.The FBI said that, if the court approves the request, it intends to file the confidential declaration by August 28. The filing represents the latest development in a lengthy legal dispute over requests for U.S. government records concerning allegations involving Tinubu and a Chicago drug investigation dating back to the early 1990s.
The litigation began after Greenspan submitted multiple FOIA requests to six federal agencies. The FBI, the Drug Enforcement Administration and other agencies initially issued so-called “Glomar” responses, declining to confirm or deny whether records responsive to some of the requests existed. Such responses are typically used when acknowledging the existence or nonexistence of records could itself cause harm protected under the law.In April 2025, however, Judge Beryl Howell ruled that the FBI and DEA had not adequately justified their refusal to confirm or deny the existence of records related to Tinubu.
She ordered the agencies to withdraw their Glomar responses and address the requests more fully.The latest FBI application comes as the U.S. Department of Justice continues working to comply with court directives concerning the records. Tinubu’s legal team had also requested additional time to respond to the proceedings, but Judge Howell reportedly rejected a proposed 10-day extension. The court’s consideration of the FBI’s request will determine whether the agency may present its complete justification privately rather than disclose it on the public record.
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