The Federal Bureau of Investigation has asked a US court for permission to file a confidential declaration explaining why it is withholding some records linked to allegations involving President Bola Tinubu and a drug-trafficking investigation.
The FBI made the request in an application dated August 20 before the United States District Court for the District of Columbia, arguing that it could not publicly disclose the full reasons for withholding certain information.
An ex parte, in camera declaration is a submission made privately to a judge for consideration without being placed on the public court record.
The application was published on X on Thursday by Von Batten-Montague-York, a Washington-based lobbying firm recently engaged by former Vice-President Atiku Abubakar.
The FBI said it had relied on several exemptions under the US Freedom of Information Act in responding to requests for records concerning Tinubu from 1992 to 1993.
The agency said releasing the withheld material “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.”
Part of the FBI’s application reads: “One of the requests at issue is the request assigned Request Number 1588244-000, which sought “[t]he entire FBI file for Bola Ahmed Tinubu, DOB 3/29/1952, President-Elect of Nigeria as of February 2023
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The FBI said it had invoked various exemptions under the US Freedom of Information Act in response to requests for records relating to Tinubu from 1992 to 1993.
According to the agency, releasing the withheld information “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”.
Part of the FBI’s application reads: “One of the requests at issue is the request assigned Request Number 1588244-000, which sought “[t]he entire FBI file for Bola Ahmed Tinubu, DOB 3/29/1952, President-Elect of Nigeria as of February 2023”.
“Plaintiff submitted a second FOIA request to the FBI seeking “FBI 302 interviews with Bola Tinubu from FBI Case No. 245-IP-71386-UUUUUU during the timeframe 1992-1993”.
“This was assigned Request Number 1593615-000. The FBI has invoked various Freedom of Information Act (FOIA) Exemptions, including 6, 7(C), 7(D), 7(E) and 7(F) regarding these requests, and determined the information withheld from Plaintiff in this case, if disclosed, 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.
“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.”
The FBI said that, if the court approves its request, it will file the confidential declaration setting out the reasons for withholding the records by August 28.
The plaintiff in the case is Aaron Greenspan, an American businessman and founder of PlainSite.
The latest development followed a request by the US Department of Justice for an additional 10-day extension to comply with a court order concerning the release of records linked to allegations involving Tinubu.
