The Presidency has clarified that the ongoing Freedom of Information Act, FOIA, case involving records relating to President Bola Ahmed Tinubu before a United States federal court is a civil records-disclosure dispute and not a criminal case.
In a statement, the Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the case is before the United States District Court for the District of Columbia.
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He explained that the matter originated from FOIA requests submitted in 2022 by Aaron Greenspan to several United States government agencies for records relating to President Tinubu.
According to him, after some of the agencies withheld certain records or declined to confirm or deny their existence, Greenspan commenced Civil Action Number 23-1816 before the court in 2023.
Mr Onanuga said President Tinubu was subsequently permitted by the court to participate in the proceedings as an intervenor.
He explained that during the proceedings, the agencies invoked the “Glomar defence”, a legal position under which a government agency may decline to confirm or deny the existence of certain records or investigations.
The Presidency said the court subsequently granted summary judgment in favour of the CIA, Executive Office for United States Attorneys, Department of State, Department of the Treasury and the Internal Revenue Service, removing them from the proceedings.
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It said aspects of the claims involving the Federal Bureau of Investigation, FBI, and the Drug Enforcement Administration, DEA, remained under consideration.
According to the statement, the FBI and DEA, in compliance with court orders, produced 399 pages of records, with portions redacted under exemptions provided by United States law.
The Presidency said the plaintiff challenged the agencies’ decision to redact portions of the documents, while the FBI and DEA, through the United States Department of Justice, opposed the request for unredacted disclosure.
It explained that the agencies relied on various FOIA exemptions, including protections for grand jury proceedings, attorney-client communications and work products, law enforcement records, personal privacy, confidential sources and investigative techniques.
The statement added that President Tinubu, on the advice of his lawyers, had also asserted his rights under FOIA Exemption 7(C), relating to personal privacy.
The Presidency said the plaintiff has until September 11, 2026, to file any opposition and reply to the processes submitted by the defendants and the intervenor, while the FBI, DEA and the intervenor have until September 18 to respond.
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It stressed that the release or withholding of records under FOIA does not, by itself, establish criminal liability, noting that the case concerns access to government records and the application of statutory exemptions.
The Presidency urged the media and members of the public to distinguish between verified court proceedings and political commentary, stressing that the outcome of the case would be determined by the United States District Court based on applicable law, evidence and arguments presented by the parties.