By Abdullahi Mukhtar Algasgaini
The Nigerian Presidency has issued a statement clarifying the nature of an ongoing Freedom of Information Act case before the United States District Court for the District of Columbia, emphasizing that it is a civil records dispute and not a criminal case against President Bola Ahmed Tinubu.
In a statement released Thursday by Special Adviser on Information and Strategy, Bayo Onanuga, the Presidency addressed what it termed “speculative reports” concerning the legal proceedings.
The case originated in 2022 when Aaron Greenspan, described by the Presidency as someone who “works with Nigerian opposition figures including David Hundeyin and Atiku Abubakar,” submitted FOIA requests to several US government agencies seeking records relating to President Tinubu. After agencies withheld certain records or declined to confirm their existence, Greenspan commenced Civil Action No. 23-1816 in 2023.
President Tinubu was subsequently permitted to participate in the proceedings as an intervenor.
The statement provided background to the case, noting that 23 years ago, on February 4, 2003, the American Consulate in Lagos informed then-Inspector General of Police Tafa Balogun that an FBI records check found no criminal arrest records, wants, or warrants for then-Governor Tinubu.
During the proceedings, US government agencies invoked the “Glomar defense,” a standard position where agencies neither confirm nor deny the existence of records. The court granted summary judgment in favour of several agencies including the CIA, Department of State, and IRS, removing them from proceedings.
The FBI and DEA subsequently produced 399 pages of records with redactions, which the plaintiff challenged. The agencies defended their redactions citing exemptions including grand jury proceeding protections, attorney-client privileges, law enforcement purposes, personal privacy, and protection of confidential sources and investigative techniques.
President Tinubu has also asserted his rights under FOIA Exemption 7(C), according to his legal team.
The plaintiff has until September 11, 2026, to file opposition, with responses due by September 18, 2026.
The Presidency stressed that “the release or withholding of records under FOIA does not, by itself, establish criminal liability,” and that the case concerns “access to government records and the proper application of statutory exemptions.”
“Recent public commentary by Mr Karl von Batten has inaccurately portrayed him and his client as central to the proceedings. Neither is a party to the case,” the statement added.
The Presidency urged media and the public to “distinguish verified court proceedings from partisan speculation,” noting the case remains exclusively within the jurisdiction of Judge Beryl A. Howell.
