President Bola Ahmed Tinubu has reportedly asked a United States court to prevent the US Department of Justice (DOJ), Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) from releasing records linked to past investigations involving him.
The development follows a Freedom of Information Act (FOIA) lawsuit filed by transparency activist Aaron Greenspan, who is seeking documents relating to investigations involving Tinubu. His requests reportedly include the FBI file on the Nigerian president and Form 302 interview records covering the period between 1992 and 1993.
The case also involves records allegedly connected to a 1993 civil forfeiture proceeding involving about $460,000 linked to Tinubu. The president has previously denied wrongdoing in connection with the matter.
In a 16-page court document filed by his legal team and shared by Channels Television on Saturday, Tinubu argued that releasing the records could violate his privacy rights.
His lawyers maintained that information disclosed during the forfeiture proceeding did not reveal the details or outcome of any possible criminal investigation. They argued that although some information had previously entered the public domain, Tinubu still retained a privacy interest in portions of the investigative records that had not been disclosed.
The legal team cited the US Supreme Court’s Reporters Committee precedent, arguing that an individual can retain privacy interests in government records even when some information contained in those records has already been made public.
Tinubu’s lawyers also referenced a 2012 Judicial Watch case involving the DOJ, arguing that individuals can maintain privacy interests in investigative information even where they have been publicly linked to criminal activity.
Another case involving the Electronic Privacy Information Center and the DOJ was cited to support the argument that being investigated is separate from disclosure of the contents of an investigation.
“Regardless of the prior disclosure in the forfeiture proceeding, Intervenor retains a privacy interest in potential disclosure of the investigative files sought by Plaintiff,” the document stated.
The dispute is now centred on whether the US government should release the requested investigative records, with Tinubu seeking to prevent their disclosure on privacy grounds.
The records sought by Greenspan relate to investigations from decades ago, including allegations concerning drug trafficking and the 1993 forfeiture proceeding. Tinubu has denied wrongdoing, while the latest court filing focuses on whether the requested government records should be disclosed under US freedom-of-information laws.
