The Federal Bureau of Investigation (FBI) has filed a motion seeking to submit ex parte in camera declarations on why it withheld information about its investigative records relating to allegations of drug trafficking against President Bola Tinubu.
An ex parte in camera declaration is a written statement submitted solely to a judge by a party in a legal case.
In an application dated August 20, the FBI informed the US district court in Columbia that it cannot openly explain all the reasons it is withholding certain records, hence the need for an ex parte in camera declaration.
A copy of the application was published on X by Von Batten-Montague-York, a Washington-based lobbying firm recently hired by Atiku Abubakar, the former vice-president and presidential candidate of the African Democratic Congress (ADC) for the 2027 elections.
The FBI said it has invoked various Freedom of Information Act (FOIA) exemptions against the requests for Tinubu’s records from 1992 to 1993.
The US law enforcement agency said if it acceded to the requests, it “would, among other things, disclose techniques and procedures for law enforcement investigations and/or could reasonably be expected to endanger the life or physical safety of any individual”.
Part of the FBI’s application reads: “One of the requests at issue is the request assigned Request Number 1588244-000, which sought “[t]he entire FBI file for Bola Ahmed Tinubu, DOB 3/29/1952, President-Elect of Nigeria as of February 2023”.
“Plaintiff submitted a second FOIA request to the FBI seeking “FBI 302 interviews with Bola Tinubu from FBI Case No. 245-IP-71386-UUUUUU during the timeframe 1992-1993”.
“This was assigned Request Number 1593615-000. The FBI has invoked various Freedom of Information Act (FOIA) Exemptions, including 6, 7(C), 7(D), 7(E) and 7(F) regarding these requests, and determined the information withheld from Plaintiff in this case, if disclosed, would, among other things, disclose techniques and procedures for law enforcement investigations and/or could reasonably be expected to endanger the life or physical safety of any individual.
“The FBI has determined that it cannot provide on the public record the full basis for the application of Exemptions 7(E) and 7(F) to certain withholdings and that, therefore, an ex parte, under seal declaration is necessary.”
The FBI said if the court grants the permission to submit an ex parte in camera declaration, it would explain reasons for withholding certain information before August 28.
The plaintiff in the case is Aaron Greenspan, the American founder of PlainSite.
