“Our agents could be assassinated if we make Tinubu’s records public” — FBI raises security concerns over release of files

• The FBI told a US court that releasing some records linked to Tinubu could expose people connected to the investigation to retaliation and physical danger.

• The bureau cited US Freedom of Information Act exemptions covering personal privacy and information that could endanger an individual’s life or safety.

• The records are being sought by American transparency activist Aaron Greenspan in an ongoing FOIA lawsuit involving historical US investigations linked to Tinubu.

• The FBI has asked the court to review some of its explanations and disputed material privately while Judge Beryl Howell considers whether the records should be released.

The United States Federal Bureau of Investigation (FBI) has raised security concerns over the possible release of records relating to President Bola Ahmed Tinubu, telling a US court that disclosure of information contained in the files could expose people connected to the investigation to serious risks, including violent attacks.

The FBI made the submission in an ongoing Freedom of Information Act (FOIA) lawsuit brought by American transparency activist Aaron Greenspan, who is seeking records relating to Tinubu from the early 1990s.

The records sought include what Greenspan described as Tinubu’s complete FBI file, as well as FBI Form 302 interview reports involving Tinubu in connection with an FBI case covering the period between 1992 and 1993. 

In its court filing, the FBI said it had relied on several exemptions under the US Freedom of Information Act to withhold portions of the requested material.

Among them is Exemption 7(F), which permits the withholding of law-enforcement records where their disclosure could reasonably be expected to endanger an individual's life or physical safety. The FBI also cited exemptions relating to personal privacy, confidential sources and investigative techniques. 

The bureau said releasing some of the information could expose individuals who participated in or assisted the investigation to retaliation.

It stated that some people whose names or identifying information appear in the records could be regarded as having provided information or participated in the investigation, potentially making them targets of people connected to the criminal activities under investigation.

According to the FBI, releasing such identifying information could therefore “endanger their lives or physical safety.”

The agency further told the court that it could not publicly provide the full explanation for its reliance on Exemptions 7(E) and 7(F), arguing that doing so could itself reveal the sensitive information it was seeking to protect. It consequently asked to provide the fuller explanation to the judge privately and under seal. 

The dispute centres on historical US law-enforcement records connected to Tinubu and an alleged drug-trafficking investigation from the early 1990s.

One of Greenspan’s requests sought the entire FBI file for Tinubu, while another sought FBI 302 interviews involving him in an FBI case identified as 245-IP-71386-UUUUUU between 1992 and 1993. 

Greenspan has also sought records from other US agencies, including the Drug Enforcement Administration (DEA), Central Intelligence Agency (CIA), Internal Revenue Service (IRS) and immigration authorities, as part of the broader FOIA litigation. 

The latest development follows an order by US District Judge Beryl Howell, who is handling the case in the District Court for the District of Columbia.

The court allowed the FBI to submit additional explanations and disputed materials ex parte and in camera, meaning the material would be provided privately for the judge's review rather than placed immediately on the public court record. 

The FBI subsequently submitted confidential material to the court on August 28, according to reports on the latest court filing. The documents remain under seal while Judge Howell considers the government's position. 

Reports have also emerged that an FBI search conducted in response to the FOIA requests identified 399 pages of potentially responsive records relating to Tinubu. However, the publicly available court notice confirms the submission of sealed material but does not publicly disclose the contents of those records. The 399-page figure and descriptions of what the files allegedly contain have been attributed to commentary surrounding the case rather than independently established by the public filing. 

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The records have attracted renewed attention because of Tinubu's long-running legal history in the United States, including a 1993 civil forfeiture case involving $460,000 that was forfeited to the US government. The existence of records concerning an investigation, however, does not by itself establish that Tinubu committed a crime. 

The current FOIA case is specifically about whether the US government can legally withhold the requested records, rather than a criminal prosecution of Tinubu.

The FBI's warning about potential violence is also not a finding that anyone is currently planning an attack. Rather, the bureau is arguing that disclosure of certain identities or information could reasonably create a risk to the safety of people connected to the investigation.

The court will ultimately determine which information can legally remain withheld and whether any portions of the records should be released publicly.