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The Nigerian Presidency has said the ongoing Freedom of Information Act case involving President Bola Tinubu before a United States court will be decided by the court based on evidence and applicable law, not by political figures or public commentators.
Special Adviser to the President on Information and Strategy Bayo Onanuga said in a statement on Thursday.
Onanuga said the matter is “exclusively within the control” of Judge Beryl A. Howell of the United States District Court for the District of Columbia.
“She will determine its outcome, based on the evidence, applicable law, and the parties’ arguments, not the wishful preference of Alhaji Atiku Abubakar or his agent, Mr Von Batten,” Onanuga said.
The Presidency clarified that the litigation is a civil records-disclosure dispute under the US Freedom of Information Act and not a criminal case against Tinubu.
“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,” Onanuga said.
Onanuga said the case originated from FOIA requests submitted in 2022 by Aaron Greenspan, whom he described as “known to work with Nigerian opposition figures including David Hundeyin and Atiku Abubakar”.
“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,” Onanuga said.
“The court subsequently permitted President Tinubu to participate in the proceedings as an intervenor.”
According to the Presidency, the FBI and DEA produced 399 pages of records in compliance with court orders, with portions redacted under exemptions provided by US law.
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.
The plaintiff has until September 11, 2026, to file opposition and reply, while the FBI, DEA and Tinubu have until September 18 to respond.
“The release or withholding of records under FOIA does not, by itself, establish criminal liability,” Onanuga said.
“The case concerns access to government records and the proper application of statutory exemptions.”
