The United States Federal Bureau of Investigation (FBI) has warned that releasing certain records linked to an investigation involving President Bola Tinubu could expose informants, agents and other individuals to potential retaliation or violence.
The warning was contained in a court filing submitted by the FBI in response to a Freedom of Information Act (FOIA)lawsuit before Judge Beryl Howell of the US District Court for the District of Columbia in Washington, DC.
The case was brought by American transparency activist Aaron Greenspan, who is seeking US government records relating to allegations concerning Tinubu’s activities in the United States during the 1980s and 1990s.
Greenspan has submitted FOIA requests to several US federal agencies, including the FBI, Central Intelligence Agency (CIA), Drug Enforcement Administration (DEA), Internal Revenue Service (IRS) and US immigration authorities.
According to the FBI, some information contained in the requested records could identify individuals who participated in or assisted law enforcement investigations.
The bureau argued that releasing such information could expose those individuals to retaliation from third parties allegedly connected to criminal activities referenced in the records.
The FBI relied on FOIA Exemption 7(F), among other exemptions, which allows agencies to withhold law enforcement information where disclosure could reasonably be expected to endanger an individual’s life or physical safety.
The bureau said the potential danger extended beyond people directly involved in the investigation.
According to the filing, disclosure of names or other identifying information could place certain individuals at risk of physical harm.
The FBI also argued that some people referenced in the investigative records could consider the information derogatory or incriminating, creating additional concerns if their identities or details about their involvement were made public.
The agency further maintained that individuals who provided information to investigators or assisted the investigation could potentially face violent retaliation if their identities were disclosed.
The FBI’s position was presented after Judge Howell ordered the agency to explain why records relating to the Tinubu investigation should continue to be withheld.
The judge also permitted the FBI to submit its explanation and relevant records privately for the court’s review.
The latest filing forms part of an ongoing legal dispute over whether historical US government records concerning Tinubu should be released under the FOIA.
The requested documents reportedly include records relating to allegations of drug activity involving Tinubu in the United States during the 1980s and 1990s, as well as documents connected to a 1993 civil forfeiture case involving $460,000 associated with Tinubu.
The US government previously forfeited the money, and records from the case have become part of the broader dispute over access to historical investigative documents.
The FBI and other US agencies have faced pressure over the continued withholding and release of records sought by Greenspan.
The latest court filing, however, does not establish that Tinubu committed drug trafficking or any other criminal offence. It concerns the FBI’s legal justification for withholding investigative records and protecting information it says could expose individuals to privacy or safety risks.
The court will ultimately determine whether the disputed records should remain withheld or whether some or all of the information must be released under US freedom of information law.
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