The Federal Bureau of Investigation (FBI) has requested a US court's authorization to submit confidential declarations explaining its decision to withhold certain records related to Nigerian President Bola Tinubu. This legal move comes in response to Freedom of Information Act (FOIA) requests that aim to uncover details of alleged drug-related investigations from the early 1990s.

In a motion filed on August 20, 2026, with the US District Court in Columbia, the FBI indicated that it could not publicly disclose all the reasons for withholding specific records tied to allegations of drug trafficking against Tinubu. The agency's request for an ex parte in camera declaration means that the information will only be presented to the judge and not shared with the public.

The FBI's application follows a ruling by Judge Beryl Howell, who previously determined that some of the agency's responses to FOIA requests were improper. This has intensified the ongoing legal battle over the historical allegations against Tinubu, who is currently serving as Nigeria's president.

According to reports, the FBI invoked several exemptions under the FOIA when responding to requests for Tinubu's records from 1992 to 1993. The agency argued that disclosing these documents could reveal law enforcement techniques and procedures, as well as potentially endanger individuals' safety. The requests included demands for the entire FBI file on Tinubu and specific interviews conducted during the investigation period.

The FBI cited multiple exemptions, including those that protect personal privacy and sensitive investigative information, emphasizing that some justifications for withholding information could only be adequately explained under seal. If granted permission, the FBI plans to submit its confidential explanation before the court's deadline on August 28, 2026.

The case was initiated by Aaron Greenspan, the founder of PlainSite, who filed a total of 12 FOIA requests with six US federal agencies seeking information about a Chicago-based drug ring that allegedly operated in the early 1990s. Greenspan's inquiries focused on four individuals, including Tinubu, who were purportedly linked to the ring. Dissatisfied with the agencies' Glomar responses, which refused to confirm or deny the existence of records, Greenspan escalated the matter to the Department of Justice's Office of Information Policy, which upheld the refusals.

In June 2023, Greenspan took legal action against the FBI, Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), Executive Office for United States Attorneys (EOUSA), and the Department of State, with the CIA being added later. Judge Howell ruled in April 2025 that the FBI and DEA's Glomar responses were improper, stating that the agencies failed to demonstrate a valid privacy interest in keeping the existence of records secret regarding Tinubu's criminal investigation.

In a related development, Tinubu's legal team sought to join the Department of Justice's request for additional time to respond to a court order regarding the release of records tied to the drug investigation. However, Judge Howell denied their request for an extension, granting only a four-day extension until August 21, 2026, instead of the ten days sought by the DOJ.