“Informants, Agents Could Be Killed in Retaliation Attacks If Tinubu’s Alleged Criminal, CIA, Immigration Files Are Released” — FBI

The Federal Bureau of Investigation (FBI) has warned that releasing certain investigative records relating to President Bola Ahmed Tinubu could expose its informants and agents to “violent retaliation.”

The warning was contained in a court filing submitted on Friday, August 28, in response to a Freedom of Information Act (FOIA) lawsuit before Judge Beryl Howell of the U.S. District Court for the District of Columbia in Washington, D.C.

The case arose from FOIA requests filed by American transparency activist Aaron Greenspan, who is seeking access to records relating to allegations surrounding Tinubu and suspected drug-trafficking activities dating back to the 1980s and 1990s.

Greenspan had also sought records concerning Tinubu from several U.S. federal agencies, including the FBI, Central Intelligence Agency (CIA), Internal Revenue Service (IRS), Drug Enforcement Administration (DEA) and U.S. immigration authorities.

In its latest filing, the FBI invoked FOIA Exemption 7(F), which allows federal agencies to withhold information when disclosure could reasonably be expected to endanger an individual’s life or physical safety.

The bureau argued that releasing names or identifying information contained in the investigative records could expose individuals who participated in or cooperated with the investigation to retaliation.

According to the filing, some of the individuals involved could face threats from third parties allegedly connected to the criminal activities investigated by the FBI.

The agency said the information could be considered “derogatory” or “incriminating” by people connected to the investigation, potentially creating a risk to the safety of agents, informants and other individuals whose identities appear in the records.

“Additionally, whether they provided information or participated in the investigation as law enforcement personnel, it is likely these individuals would be violently targeted by third parties involved in the criminal activities associated with this specific drug trafficking investigation or by members of the public,” the FBI stated.

The bureau said it therefore determined that releasing the names or other identifying information of those individuals would endanger their lives or physical safety.

It relied on Exemption 7(F), alongside other FOIA exemptions, including Exemptions 6, 7(C) and, in some instances, 7(D), to justify withholding the information.

The latest filing came after Judge Howell set August 28 as the deadline for the FBI to explain why records relating to the alleged drug-trafficking investigation involving Tinubu should continue to be withheld.

The judge had also directed the FBI to submit the disputed records privately for judicial review after the agency requested permission to provide an “ex parte, in camera” declaration.

The development has attracted attention amid an ongoing legal effort to obtain historical U.S. government records concerning Tinubu.

In February, Judge Howell reportedly criticised delays by the FBI and DEA in responding to requests for records concerning the Nigerian president and allegations surrounding a past narcotics investigation.

The records sought include documents relating to an incident in which Tinubu forfeited $460,000 to U.S. authorities in the 1990s.

The Nigerian president has consistently disputed allegations of wrongdoing connected to the records.

In 2023, the FBI indicated that it intended to release about 2,500 pages of records relating to Tinubu in batches of 500 pages per month.

The proposed release, however, did not proceed as initially anticipated after Tinubu challenged the disclosure, arguing that the premature release of the records could adversely affect his legal and political interests.

The latest court filing does not establish that Tinubu committed drug trafficking or any other criminal offence. Rather, it sets out the FBI’s justification for withholding portions of investigative records, particularly information that the bureau says could expose individuals to threats or physical harm.

The dispute over the records remains before the U.S. District Court for the District of Columbia.

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