President Bola Ahmed Tinubu has asked a United States court to stop the release of government records relating to allegations of drug trafficking and past investigations involving him.
The legal move was contained in a 16-page court filing submitted by Tinubu’s lawyers, Christopher W. Carmichael, Victor P. Henderson and Oluwole O. Afolabi, according to reports by Channels Television.
The lawyers argued that releasing the records could violate the President’s privacy rights, maintaining that the fact that an individual may have been associated with an investigation does not eliminate their right to keep details contained in investigative files private.
The filing was made in response to a Freedom of Information Act lawsuit brought by American transparency activist Aaron Greenspan, who is seeking access to records held by several United States government agencies.
Greenspan’s request includes the Federal Bureau of Investigation’s entire file on Tinubu, as well as FBI Form 302 interview records relating to the period between 1992 and 1993.
Tinubu’s legal team argued that previous public disclosures relating to him did not amount to a waiver of his privacy rights over the entirety of government investigative files.
According to the lawyers, even where some information has previously appeared in public records, individuals can retain privacy interests in undisclosed details contained in government files.
The legal team cited several US court decisions to support its argument, including cases concerning the privacy protections available to individuals whose names appear in investigative records.
The lawyers also challenged Greenspan’s efforts to obtain documents simply because they contain Tinubu’s name.
“Plaintiff’s filings, overwhelmingly, demonstrate that his singular focus is obtaining documents with Intervenor’s ‘name on them,’” the filing stated.
Tinubu’s lawyers further argued that the Freedom of Information Act should not be used to obtain otherwise protected information about a private individual.
They urged the court to reject Greenspan’s motion for summary judgment and allow the redactions and withholding of records by the FBI and the Drug Enforcement Administration to remain in place.
The case also relates to records connected to a 1993 civil forfeiture proceeding in the United States involving approximately $460,000 that was linked to Tinubu.
The President has denied wrongdoing in connection with the matter.
Greenspan’s lawsuit seeks records concerning investigations allegedly involving Tinubu from US agencies, including the FBI and DEA. The dispute centres on whether the agencies can lawfully withhold or redact portions of the requested documents under privacy and other exemptions contained in US law.
Tinubu’s latest court filing therefore does not establish the allegations against him. Rather, it represents his legal team’s effort to prevent the disclosure of investigative records that they contend are protected by privacy provisions.
The court will ultimately determine whether the records, or portions of them, should be released under the Freedom of Information Act.
