President Bola Tinubu has asked a United States court to prevent the release of records held by the US Department of Justice, Federal Bureau of Investigation and Drug Enforcement Administration relating to allegations of drug trafficking.
The President’s legal team argued that releasing the records could infringe on his privacy rights.
The 16-page court filing was submitted by Tinubu’s lawyers, Christopher W. Carmichael, Victor P. Henderson and Oluwole O. Afolabi, according to Channels Television.
The lawyers argued that the records being sought could contain details of a possible criminal investigation involving the President that are not currently part of the public record.
They maintained that previous disclosures of limited information connected to a 1993 civil forfeiture proceeding did not extinguish Tinubu’s privacy interest in the broader investigative files.
According to the legal team, an individual could retain a privacy interest in the contents of investigative records even where some information from the same files had previously been disclosed publicly.
They also cited previous US court decisions in support of their argument that the fact that an individual was investigated is distinct from the disclosure of the details contained in investigative files.
The lawyers further argued that the Freedom of Information Act (FOIA) should not be used to obtain government documents merely because they contain an individual’s name.
They urged the court to uphold the redactions and withholdings made by the FBI and DEA under applicable privacy protections.
“For all the foregoing reasons, Intervenor requests that the Court deny Plaintiff’s motion for summary judgment and allow the redactions or withholdings made by the FBI and DEA to stand,” the legal team said.
The records are being sought by American transparency activist Aaron Greenspan, who filed a FOIA lawsuit against several US government agencies seeking documents relating to investigations involving Tinubu.
Greenspan’s requests include the FBI’s entire file on Tinubu and FBI Form 302 interview records relating to the period between 1992 and 1993.
The case also involves records allegedly connected to a 1993 civil forfeiture proceeding in the United States involving about $460,000 linked to Tinubu.
Tinubu has denied any wrongdoing in connection with the allegations.