The Presidency has clarified that the ongoing United States court case involving records relating to President Bola Tinubu is a civil dispute over access to government documents and not a criminal case.
Special Adviser to the President on Information and Strategy, Bayo Onanuga, made the clarification in a statement on Thursday concerning the Freedom of Information Act, FOIA, proceedings before the United States District Court for the District of Columbia.
According to Onanuga, the matter began in 2022 after Aaron Greenspan submitted FOIA requests to several US government agencies seeking records relating to Tinubu.
He said the agencies either withheld some of the requested records or declined to confirm or deny their existence, prompting Greenspan to commence Civil Action No. 23 1816 before the court in 2023.
The Presidency said the court later allowed Tinubu to participate in the proceedings as an intervenor.
Onanuga explained that some US government agencies invoked the “Glomar defence”, a legal position that allows agencies to refuse to confirm or deny whether certain investigative records exist.
According to him, the court subsequently granted summary judgment in favour of the CIA, EOUSA, Department of State, Department of the Treasury and Internal Revenue Service, removing them from the proceedings.
He said issues involving the Federal Bureau of Investigation, FBI, and Drug Enforcement Administration, DEA, remained for further consideration.
The Presidency said the FBI and DEA have produced 399 pages of records, although portions were redacted under exemptions provided by US law.
The plaintiff has challenged the agencies’ decisions to withhold parts of the documents.
Onanuga said the agencies argued that some of the withheld information was protected by provisions covering grand jury proceedings, the Pen Register Act, attorney client privilege, attorney work product, law enforcement records, personal privacy, confidential sources and investigative techniques.
He added that Tinubu, acting on the advice of his lawyers, had also asserted his rights under FOIA Exemption 7(C).
The Presidency stressed that the disclosure or withholding of records under FOIA does not, by itself, establish criminal liability.
“The release or withholding of records under FOIA does not, by itself, establish criminal liability. The case concerns access to government records and the proper application of statutory exemptions,” Onanuga said.
He further stated that the plaintiff has until September 11, 2026, to file an opposition and reply to the processes submitted by the defendants and intervenor, while the FBI, DEA and the intervenor have until September 18 to respond.
Onanuga also rejected claims that Atiku Abubakar or lobbyist Karl von Batten are central to the proceedings, stressing that neither is a party to the case.
“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 statement said.
The Presidency urged the media and the public to distinguish between the ongoing court proceedings and political commentary, maintaining that the case will be determined by the US court based on the evidence, applicable law and arguments presented by the parties.
