The Presidency has dismissed reports suggesting that President Bola Ahmed Tinubu is facing a criminal case in the United States, describing the ongoing litigation in Washington, D.C., as a civil dispute over access to government records.
In a statement issued on Thursday by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, the Presidency said the case before the United States District Court for the District of Columbia was filed under the Freedom of Information Act (FOIA) and did not amount to a criminal charge or finding of wrongdoing against Tinubu.
The clarification followed recent public commentary surrounding Civil Action No. 23-1816, which was initiated in 2023 by Aaron Greenspan after several US government agencies declined to release or confirm the existence of certain records relating to Tinubu.
According to the statement, Greenspan had submitted FOIA requests to multiple US agencies in 2022. President Tinubu was later allowed by the court to participate in the proceedings as an intervenor.
The Presidency said some of the agencies invoked the “Glomar defence”, a legal position under which a government agency may decline to confirm or deny whether particular records exist, particularly where disclosure could affect law-enforcement interests.
It said the court subsequently granted summary judgment in favour of the CIA, the Executive Office for United States Attorneys, the Department of State, the Department of the Treasury and the Internal Revenue Service, removing them from the proceedings.
The remaining issues involve records held by the Federal Bureau of Investigation and the Drug Enforcement Administration.
The Presidency said the FBI and DEA, through the US Department of Justice, had released 399 pages of documents in compliance with court orders, although portions were redacted under exemptions contained in US law.
It explained that the agencies defended the redactions on several grounds, including protections covering grand jury proceedings, attorney-client and attorney-work product privileges, law-enforcement materials, personal privacy, confidential sources and investigative techniques.
Tinubu, the statement added, had also asserted his rights under FOIA’s privacy provisions through his lawyers.
The Presidency stressed that the release or withholding of records under the FOIA does not establish criminal liability, saying the central issue before the court is whether the redactions applied to the documents were lawful.
It disclosed that the plaintiff has until September 11, 2026, to file opposition and reply to the processes submitted by the defendants and the President’s legal team, while the FBI, DEA and Tinubu have until September 18 to respond.
The statement also rejected claims by Karl von Batten that he and his client, former Vice-President Atiku Abubakar, are central to the proceedings, saying neither is a party to the case.
The Presidency urged the media and the public to distinguish between the actual court proceedings and political commentary, noting that the case remains under the control of Judge Beryl A. Howell of the US District Court for the District of Columbia.
“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.
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