The Presidency has dismissed speculation surrounding an ongoing Freedom of Information Act (FOIA) case involving records relating to President Bola Ahmed Tinubu before a United States court, describing the matter as a civil records-disclosure dispute rather than a criminal case against the Nigerian leader.
In a statement issued on Thursday, the Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the case before the United States District Court for the District of Columbia has resulted in neither a criminal charge nor a judicial finding of criminal wrongdoing against Tinubu.
He urged the Nigerian media and the public to distinguish verified court proceedings from political commentary and speculation.
Onanuga noted that the case comes 23 years after the American Consulate in Lagos, in a February 4, 2003 letter to then-Inspector-General of Police Tafa Balogun, stated that an FBI records check found no criminal arrest records, wants, or warrants for Tinubu, who was then Governor of Lagos State.
He also rejected claims suggesting that former Vice-President Atiku Abubakar and Karl von Batten were parties to or central figures in the litigation, describing such characterizations as inaccurate.
According to the statement,”The Presidency has noted recent speculative reports concerning an ongoing Freedom of Information Act case before the United States District Court for the District of Columbia.”
“For clarity, the matter is a civil records-disclosure dispute under the United States Freedom of Information Act. It is not a criminal case against President Bola Ahmed Tinubu, nor has the court found him guilty of any criminal wrongdoing.”
“Here is the background to the case, which comes 23 years after the American Consulate in Lagos, in a letter dated February 4, 2003, informed then-Inspector General of Police Mr. Tafa Balogun that an FBI records check found no criminal arrest records, wants, or warrants for then-Governor Bola Ahmed Tinubu.”
“In 2022, Mr. Aaron Greenspan, who is known to work with Nigerian opposition figures including David Hundeyin and Atiku Abubakar, submitted FOIA requests to several United States government agencies seeking records relating to President Tinubu. After the agencies withheld certain records or declined to confirm or deny their existence, Mr. Greenspan commenced Civil Action No. 23-1816 before the United States District Court for the District of Columbia in 2023.”
“The court subsequently permitted President Tinubu to participate in the proceedings as an intervenor.”
“In compliance with the court’s orders, the FBI and DEA produced 399 pages of records, with portions redacted under exemptions provided by United States law. The Plaintiff challenged the FBI and DEA’s decisions to redact portions of the documents produced.”
“President Bola Tinubu, on the advice of his lawyers, has also asserted his rights as guaranteed by FOIA Exemption 7(C).”
“The Plaintiff has until September 11, 2026, to file any opposition and reply to the Defendants’ and Intervenor’s processes, while the FBI, DEA, and the Intervenor have until September 18, 2026, to respond to any processes the Plaintiff might file.”
“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.”
“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.”
“The United States District Court will decide that issue based on the filings and applicable US law, not political commentary,” the statement added