The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington, D.C., to allow it to privately explain why some records linked to President Bola Ahmed Tinubu should remain undisclosed in an ongoing Freedom of Information Act (FOIA) case.

The request was filed on August 20, 2026, before Judge Beryl Howell of the U.S. District Court for the District of Columbia. The case was initiated by American transparency activist Aaron Greenspan, who is seeking historical records relating to a Chicago-based heroin investigation from the early 1990s.

The FBI is asking the court to permit an ex parte, in-camera review, meaning the agency would provide its detailed justification directly to the judge and outside public view.

According to the agency, some of the information it seeks to withhold falls under FOIA exemptions covering personal privacy, confidential sources, law-enforcement methods and information that could potentially endanger individuals.

The FBI said publicly explaining the basis for withholding the material could undermine the protections provided by the exemptions. It has therefore proposed submitting a confidential declaration to the court.

Greenspan's requests include records from what he describes as Tinubu's FBI file, as well as FBI Form 302 interview records relating to an FBI case covering 1992 and 1993.

The legal battle dates back to FOIA requests filed by Greenspan with U.S. federal agencies in 2022 and 2023. In April 2025, Judge Howell ruled that the FBI and Drug Enforcement Administration could not simply rely on a “Glomar response” to refuse to confirm or deny the existence of records relating to Tinubu.

The latest development, however, does not amount to the release of new evidence proving that Tinubu committed drug-trafficking offences. The immediate issue before the court is whether the FBI can lawfully keep portions of the requested records confidential.

Tinubu has previously denied wrongdoing in connection with the allegations. He has not been criminally charged or convicted of drug trafficking in the United States.

The court's decision on the FBI's request could determine whether additional records linked to the decades-old investigation will eventually be made public.