The Presidency has clarified that the ongoing Freedom of Information Act (FOIA) litigation involving records relating to President Bola Ahmed Tinubu before a United States federal court is a civil records-disclosure dispute and not a criminal case against the Nigerian president.
In a statement issued on Thursday by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, the Presidency said the United States District Court for the District of Columbia had neither charged nor found Tinubu guilty of any criminal wrongdoing.
The clarification followed what the Presidency described as recent speculative reports surrounding the case.
According to Onanuga, the matter dates back to 2022, when Aaron Greenspan submitted FOIA requests to several US government agencies seeking records relating to Tinubu. After some agencies withheld records or declined to confirm or deny their existence, Greenspan instituted Civil Action No. 23-1816 before the US District Court in 2023.
The court subsequently allowed Tinubu to participate in the proceedings as an intervenor.
The Presidency also referenced a February 4, 2003 letter from the American Consulate in Lagos to then Inspector-General of Police, Tafa Balogun, stating that an FBI records check had found no criminal arrest records, wants or warrants for Tinubu, who was then Governor of Lagos State.
Onanuga said that during the litigation, the US government agencies invoked what is known as the “Glomar defence”, a legal position under which an agency may decline to confirm or deny whether certain records or investigations exist.
The court subsequently granted summary judgment in favour of the CIA, the Executive Office for United States Attorneys (EOUSA), the Department of State, the Department of the Treasury and the Internal Revenue Service, removing them from the proceedings.
The remaining aspects of the case involve the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA).
The Presidency said the FBI and DEA, in compliance with court orders, have released 399 pages of records, although portions were redacted under exemptions contained in US law.
The plaintiff has challenged the agencies’ decisions to withhold portions of the documents.
According to the statement, the agencies maintained that some information could not legally be disclosed because it relates to grand jury proceedings, pen-register orders, attorney-client and attorney-work-product privileges, law-enforcement purposes, personal privacy, confidential sources and investigative techniques.
Tinubu has also asserted his rights under FOIA Exemption 7(C), which protects personal privacy interests in certain law-enforcement records.
The Presidency stressed that the release or withholding of documents under the US FOIA does not, by itself, establish criminal liability.
It said the central issue before the court is whether the redactions made by the FBI and DEA are lawful under applicable US law.
The statement noted that the plaintiff has until September 11, 2026, to file opposition and reply to the processes submitted by the defendants and Tinubu, while the FBI, DEA and the president have until September 18, 2026, to respond to any processes filed by the plaintiff.
Onanuga further urged Nigerian media organisations and the public to distinguish between the actual court proceedings and political commentary surrounding the case.
He said the matter would ultimately be determined by Judge Beryl A. Howell of the US District Court for the District of Columbia on the basis of the evidence, applicable law and arguments presented by the parties.
The Presidency also disputed recent public comments by Karl von Batten, saying neither von Batten nor Atiku Abubakar is a party to the case.
It reiterated that the litigation remains a civil FOIA records-disclosure dispute and does not constitute a criminal charge, trial or judicial finding against President Tinubu.
Share this content:
About The Author
This casino brings a real luxury feel to the screen. The games are fair and the withdrawals are processed without any stress. Big thumbs up for jilimaxcasino.