The Presidency has clarified the nature of the ongoing Freedom of Information Act (FOIA) litigation involving records relating to President Bola Ahmed Tinubu before the United States District Court for the District of Columbia.
In a statement issued on Thursday by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, the Presidency said the matter is a civil records-disclosure dispute and not a criminal case against the Nigerian president.
The clarification comes amid renewed public discussion over the case, which was filed in 2023 by Aaron Greenspan against several United States government agencies.
The Presidency said President Tinubu was later permitted by the court to participate in the proceedings as an intervenor.
According to the statement, the case initially involved several US agencies, including the Central Intelligence Agency, the Department of State, the Department of the Treasury, the Internal Revenue Service, the Federal Bureau of Investigation and the Drug Enforcement Administration.
It said the court granted summary judgment in favour of the CIA, Executive Office for United States Attorneys, Department of State, Treasury and IRS, leaving aspects involving the FBI and DEA for further consideration.
The Presidency said the FBI and DEA subsequently produced 399 pages of records, with portions redacted under exemptions contained in US law.
It explained that the agencies relied on several FOIA exemptions relating to issues including grand jury proceedings, attorney-client and work-product privileges, law-enforcement records, personal privacy, confidential sources and investigative techniques.
President Tinubu, the statement added, has also asserted his rights under FOIA's privacy provisions.
The Presidency stressed that the disclosure or withholding of records under FOIA does not, in itself, establish criminal liability.
“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 also disclosed that the plaintiff has until September 11, 2026, to file opposition and reply to the processes filed by the defendants and the intervenor, while the FBI, DEA and Tinubu have until September 18, 2026, to respond to any processes filed by the plaintiff.
The Presidency further criticised recent commentary surrounding the case, particularly claims involving former Vice President Atiku Abubakar and US-based political consultant Karl Von Batten, arguing that neither is a party to the litigation.
It maintained that the eventual determination of whether the redactions are lawful rests with US District Judge Beryl A. Howell, based on the evidence, applicable law and arguments presented by the parties.
The FBI's recent filings in the case have also attracted attention. In August, the agency asked the court for permission to submit confidential declarations under seal and for private judicial review in support of its position concerning withheld information.
The Presidency urged the Nigerian media and the public to distinguish between the actual court proceedings and political commentary surrounding the case.
Source: State House Statement | September 3, 2026
