By Gloria Drealomalicha
The United States Federal Bureau of Investigation has warned that releasing investigative files concerning President Bola Tinubu’s alleged drug trafficking activities could expose its agents and informants to “violent retaliation”.
The FBI made the disclosure in a court filing submitted on Friday, August 28, as it defended its decision to withhold the records from public disclosure.
The filing was made in a Freedom of Information Act lawsuit before Judge Beryl Howell of the US District Court for the District of Columbia in Washington, DC.
The case followed requests by American transparency activist Aaron Greenspan for documents relating to allegations surrounding Tinubu’s activities in the United States during the 1980s and 1990s.
Greenspan also sought records on the Nigerian president from several US government agencies, including the FBI, Central Intelligence Agency, Internal Revenue Service, Drug Enforcement Administration and immigration authorities.
The FBI, however, argued that releasing parts of the records could put people connected to the investigation at risk.
It relied on FOIA Exemption 7(F), which allows agencies to withhold information where its disclosure could reasonably be expected to endanger an individual’s life or physical safety.
According to the bureau, the records could contain information capable of identifying law enforcement personnel or individuals who provided information during investigations into alleged criminal activities.
The FBI said such individuals could face reprisals from people allegedly connected to the activities investigated.
The filing, submitted by Jeanine Pirro, US Attorney for the District of Columbia, also said some of the information could be viewed as “derogatory” or “incriminating” by Tinubu and others linked to the allegations.
“Additionally, whether they provided information or participated in the investigation as law enforcement personnel, it is likely these individuals would be violently targeted by third parties involved in the criminal activities associated with this specific drug trafficking investigation or by members of the public,” the FBI said.
The bureau said it therefore considered it necessary to protect the identities and personal information of the individuals involved, citing their safety as a major concern.
The development came after Judge Howell ordered the FBI to provide reasons for continuing to withhold the records relating to the allegations involving Tinubu.
The judge also asked the agency to submit the disputed documents privately for the court’s review after the FBI requested permission to provide an “ex parte, in camera declaration”.
The request means the agency wants to present its explanation and potentially sensitive material to the judge without making them publicly available.
The case has attracted renewed attention in Nigeria because of the long-running controversy surrounding records reportedly held by US authorities concerning Tinubu.
In an earlier proceeding on February 3, Judge Howell criticised delays by the FBI and DEA in processing requests for documents linked to allegations of narcotics trafficking and Tinubu’s reported forfeiture of $460,000 to US authorities.
The FBI had announced in 2023 that it planned to release about 2,500 pages of records concerning Tinubu in monthly batches of 500 pages.
The proposed disclosure was subsequently challenged by Tinubu, who argued that releasing the records prematurely could adversely affect him while legal proceedings concerning his election victory were still pending before Nigeria’s Supreme Court.
The records have remained the subject of litigation in the US, with the latest proceedings centred on whether the agencies have sufficient legal grounds under the FOIA to keep them from public view.
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