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WASHINGTON — The Federal Bureau of Investigation (FBI) has asked a United States court for permission to privately explain why it is withholding portions of records connected to an old drug investigation involving President Bola Ahmed Tinubu.

In a motion filed before the US District Court for the District of Columbia, the FBI requested permission to provide the judge with additional details ex parte and in camera—meaning the sensitive explanation would be submitted directly to the judge and kept outside the public court record.

The bureau argued that publicly disclosing its full justification could defeat the purpose of the exemptions it has invoked under the US Freedom of Information Act (FOIA).

According to the FBI, some of the withheld information could reveal law-enforcement investigative procedures and techniques, while other material could potentially expose individuals to threats to their physical safety.

The agency specifically cited FOIA Exemptions 7(E) and 7(F), which provide protection for certain law-enforcement techniques and information whose disclosure could reasonably be expected to endanger an individual’s life or physical safety.

The filing was publicised on X by Von Batten-Montague-York, a Washington-based lobbying firm recently retained by African Democratic Congress (ADC) presidential candidate Atiku Abubakar.

The dispute arose from two FOIA requests seeking FBI records relating to Tinubu. One request sought the bureau’s complete file concerning the Nigerian president, while another targeted interview reports, known as Form 302s, linked to an FBI investigation dating back to 1992 and 1993.

The FBI said it had relied on several FOIA exemptions in withholding portions of the records, including provisions protecting personal privacy, confidential sources, investigative techniques and information that could endanger individuals.

The bureau maintained that its public court filings could not adequately explain the full basis for its reliance on the law-enforcement exemptions.

It therefore asked to supplement its public submission with a sealed declaration that would allow the judge to examine the sensitive justification privately.

If the court grants the request, the FBI said it will submit the confidential declaration for Judge Beryl Howell’s consideration.

The case was filed by Aaron Greenspan, founder of PlainSite, who has pursued government records concerning a Chicago-based heroin trafficking investigation from the early 1990s.

Between 2022 and 2023, Greenspan submitted 12 FOIA requests to six federal agencies seeking records involving four individuals, including Tinubu, Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.

Several federal agencies initially declined to confirm whether responsive records existed, invoking what is commonly known in US law as a Glomar response.

Greenspan challenged the decisions and eventually sued after the Justice Department’s Office of Information Policy upheld the agencies’ positions.

Judge Howell subsequently ruled against the FBI and Drug Enforcement Administration’s continued reliance on the Glomar response, finding that the agencies had failed to establish a sufficient legal basis for concealing whether records concerning Tinubu existed.

The latest FBI application is the newest development in the continuing legal battle over access to the records.

The Justice Department had previously sought additional time to respond to a court order concerning the documents, but Judge Howell granted only a partial extension. Tinubu’s legal team later joined the request for additional time.

The FBI is now seeking a further opportunity to explain, behind closed doors, why portions of the records should remain undisclosed, particularly material it says could reveal sensitive investigative practices or place individuals at risk.

The latest filing, however, does not by itself establish the contents of the withheld records or prove any allegation against Tinubu. It represents the FBI’s stated legal basis for withholding portions of documents from public disclosure.