TD Abuja, Nigeria — The Presidency has issued a detailed clarification regarding ongoing proceedings in the United States District Court for the District of Columbia, stressing that the matter is strictly a civil Freedom of Information Act (FOIA) dispute.
It is not a criminal case against President Bola Ahmed Tinubu, nor has any U.S. court found him guilty of wrongdoing.
Background to the Case
The dispute originates from FOIA requests filed in 2022 by Mr. Aaron Greenspan, a U.S. activist known to collaborate with Nigerian opposition figures.
Greenspan sought records relating to President Tinubu from multiple U.S. government agencies.
When certain agencies withheld documents or declined to confirm their existence, Greenspan initiated Civil Action No. 23-1816 in 2023.
President Tinubu was later permitted to join the case as an intervenor.
This development follows a long history of scrutiny.
In 2003, the U.S. Consulate in Lagos confirmed in a letter to then-Inspector General of Police Tafa Balogun that an FBI records check revealed no criminal arrest records, warrants, or wants for Tinubu, who was then Governor of Lagos State.
Court Proceedings
The litigation has unfolded in several stages:
- Glomar Defence Invoked: Agencies including the CIA, Department of State, Department of the Treasury, and IRS successfully invoked the Glomar defence, a legal doctrine allowing agencies to neither confirm nor deny the existence of certain records.
The court granted summary judgment in their favour, removing them from the case.
- FBI and DEA Records: The FBI and DEA were ordered to produce documents, resulting in 399 pages of records.
Portions were redacted under U.S. law.
- Redaction Dispute: Greenspan challenged the redactions.
The FBI and DEA, represented by the Department of Justice, defended them citing multiple FOIA exemptions:
-
- Exemption 3: Protects grand jury proceedings and pen register/trap-and-trace orders.
- Exemption 5: Covers attorney-client privilege, attorney work product, and law enforcement materials.
- Exemptions 6 & 7(C): Protect against unwarranted invasions of personal privacy.
- Exemptions 7(D) & 7(E): Safeguard confidential sources and investigative techniques.
- Tinubu’s Rights: President Tinubu, on legal advice, asserted his rights under Exemption 7(C), reinforcing privacy protections.
Timeline of Filings
- September 11, 2026: Deadline for the Plaintiff to file opposition.
- September 18, 2026: Deadline for the FBI, DEA, and President Tinubu to respond.
Clarifications from the Presidency
The Presidency emphasized several points:
- The case is about records disclosure under FOIA, not criminal liability.
- The outcome rests solely with Judge Beryl A. Howell, who will decide based on U.S. law and filings.
- Public commentary by Mr. Karl von Batten has been described as misleading, as neither he nor his client is a party to the case.
Official Statement
Special Adviser to the President on Information and Strategy, Bayo Onanuga, urged the Nigerian media and public to exercise caution.
Onanuga stated:
“The litigation is a civil records-disclosure dispute under FOIA. It does not constitute a criminal charge, trial, or judicial finding against President Tinubu.
“The FBI and DEA have produced records with redactions, and the remaining question is whether those redactions are lawful.”
Broader Context
The Presidency’s clarification comes amid heightened political discourse in Nigeria, where opposition figures have sought to frame the FOIA case as evidence of criminal liability.
Officials insist that the matter is a technical dispute over disclosure rules, not a criminal investigation.
The statement underscores the importance of distinguishing verified judicial proceedings from partisan speculation.
It reminds the public that the U.S. court system operates independently of political narratives.
This clarification aims to settle confusion and reaffirm that the FOIA case is a procedural matter, not a criminal trial.
The final decision will hinge on U.S. statutory exemptions and judicial interpretation, not political commentary.
