By News Desk

WASHINGTON, D.C. — Senior U.S. District Judge Beryl A. Howell has granted the Federal Bureau of Investigation (FBI) permission to submit sensitive law enforcement records regarding Nigerian President Bola Ahmed Tinubu directly to the court under seal.

The ruling allows federal agencies to present confidential declarations in camera (privately to the judge) before the court decides whether the files must be released under the Freedom of Information Act (FOIA).

Court Grants Sealed Submission and Enforces Hard Deadline

According to public updates from lobbying firm Von Batten-Montague-York, Judge Howell approved the agency’s motion while setting a strict, non-negotiable deadline:

• Permission for Sealed Filing: The court authorized the FBI to present sealed evidence and declarations to establish why components of its investigative files on Tinubu are too sensitive for public disclosure.
• August 28 Mandate: Judge Howell instructed the FBI, Drug Enforcement Administration (DEA), U.S. Department of Justice (DOJ), and Tinubu’s legal team to file their final formal oppositions to public release by August 28, 2026, explicitly noting “and no later”.
• Judicial Determination: Following the August 28 submission, the judge will privately review the law enforcement materials to determine whether statutory exemptions for third-party privacy or informant safety apply.

FBI Reliance on Sensitive Law Enforcement Exemptions

The court’s decision to allow a private submission follows the FBI’s formal motion detailing its legal grounds for withholding sections of Case No. 245-IP-71386-UUUUUU:

• Inclusion of High-Level Exemptions: The agency cited statutory FOIA Exemptions 6, 7(C), 7(D), 7(E), and 7(F).
• Protecting Informants and Operations: The FBI specifically invoked Exemption 7(F), arguing that public disclosure of specific interview notes and agency files could endanger individual physical safety, a protection typically used to safeguard confidential criminal informants and operational methods.
• Shift from Previous Denials: Observers noted that by filing for sealed judicial review, the FBI acknowledged possessing sensitive investigative records related to Tinubu, moving beyond its previous “Glomar” stance where it refused to confirm or deny the existence of any files.

Procedural Timeline

The litigation, brought by transparency activist Aaron Greenspan, seeks historical records from the early 1990s civil forfeiture case (United States v. Funds in Account 26322671 et al.):

• Extension Denied: On August 19, 2026, Tinubu’s legal counsel joined a DOJ request seeking a 10-day extension. Judge Howell rejected the full request, establishing the August 28 cutoff.
• Plaintiff Opposition: Greenspan opposed the FBI’s request to submit private declarations, arguing for public disclosure of the government’s arguments.

Neither the Nigerian Ministry of Information nor official representatives for President Tinubu have issued a statement on the court’s order granting in camera review.