President Bola Ahmed Tinubu has asked a United States court to prevent the release of government records relating to allegations of drug trafficking and past investigations involving him.
The president’s legal team, comprising Christopher W. Carmichael, Victor P. Henderson and Oluwole O. Afolabi, filed a 16-page court document challenging efforts to compel the US Department of Justice (DOJ), Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) to release the records.
According to court documents cited by Channels Television, Tinubu’s lawyers argued that releasing the records could violate his privacy rights, particularly where the documents contain details of investigative files that have not previously been made public.
The legal team maintained that previous disclosures connected to a civil forfeiture proceeding did not amount to a waiver of Tinubu’s privacy interests in the broader investigative records.
“Submission in that proceeding did not reveal the details of a possible criminal investigation (or its results) involving Intervenor,” the lawyers argued, adding that there was no existing public record containing details of a governmental criminal investigation or findings concerning Tinubu.
The lawyers further cited US Supreme Court precedent to argue that an individual may retain a privacy interest in an entire investigative file even when portions of information from the file have previously been disclosed.
They referenced the Supreme Court’s decision in Department of Justice v. Reporters Committee for Freedom of the Press, as well as other US court decisions dealing with privacy rights and the disclosure of investigative records.
According to the legal team, the fact that a person may have been publicly associated with an investigation does not automatically eliminate their privacy interest in the undisclosed contents of government files.
“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 lawyers stated.
FOIA lawsuit seeks Tinubu records
The records are being sought by American transparency activist Aaron Greenspan, who filed a Freedom of Information Act (FOIA) lawsuit against several US government agencies.
Greenspan is seeking documents relating to investigations involving Tinubu, including the FBI’s entire file on the Nigerian president and FBI Form 302 interview records concerning the period between 1992 and 1993.
The FBI Form 302 is a document used by the bureau to record information obtained during interviews conducted as part of investigations.
The lawsuit also concerns records reportedly connected to a 1993 civil forfeiture proceeding in the United States involving approximately $460,000 linked to Tinubu.
Tinubu has denied wrongdoing in connection with the allegations.
Tinubu’s lawyers ask court to uphold redactions
In their latest filing, Tinubu’s lawyers also challenged efforts to obtain documents that the FBI and DEA have withheld or redacted.
The legal team argued that the plaintiff’s focus was largely on obtaining documents containing Tinubu’s name and urged the court not to allow that objective to override protections provided under US law.
“Any other issues should not allow Plaintiff to access documents that should otherwise be withheld or redacted under Exemption 7(C) or the Privacy Act,” the lawyers stated.
The lawyers ultimately asked the court to reject Greenspan’s motion for summary judgment and allow the redactions and withholdings made by the FBI and DEA to remain in place.
The court’s eventual decision will determine whether the agencies must release additional records or whether the privacy protections cited by Tinubu’s legal team will continue to prevent their disclosure.
