The Presidency has clarified that the legal matter involving President Bola Tinubu in the United States is a civil dispute over access to government records and not a criminal prosecution.
The clarification was contained in a statement issued on Thursday by the Special Adviser to the President on Information and Strategy, Bayo Onanuga.
Onanuga said the case was initiated by American transparency activist Aaron Greenspan under the United States Freedom of Information Act and does not constitute a criminal trial against the Nigerian President.
He said, “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.”
According to the presidential aide, Greenspan submitted several FOIA requests in 2022 to obtain records from US government agencies before filing a civil suit in 2023.
He explained that Tinubu was subsequently allowed to participate in the proceedings as an intervenor to protect his privacy interests.
Onanuga said five US agencies had been removed from the case after obtaining summary judgments based on the “Glomar defence”, which permits government agencies to neither confirm nor deny the existence of certain records.
He noted, however, that the Federal Bureau of Investigation and the Drug Enforcement Administration remain parties to the case and have released 399 pages of records, although portions were withheld under exemptions allowed by US law.
The exemptions, he explained, cover matters including grand jury secrecy, attorney-client privilege, law enforcement concerns, personal privacy and the protection of confidential sources and investigative methods.
Onanuga said Tinubu had also exercised his privacy rights under applicable FOIA provisions.
He added that Greenspan has until September 11 to respond to filings by the defendants and Tinubu, while the FBI, DEA and the President have until September 18 to file further responses.
The presidential aide also dismissed recent comments by Karl von Batten, stressing that neither Von Batten nor his client is a party to the proceedings.
Onanuga said, “The Nigerian media should note that this case is exclusively within the control of Judge Beryl A. Howell of the United States District Court. She will determine its outcome, based on the evidence, applicable law, and the parties’ arguments.”
He urged journalists to rely on confirmed court records rather than political claims or speculation.
The case followed a series of FOIA requests made by Greenspan between 2022 and 2023 concerning a United States investigation dating to the early 1990s. The investigation reportedly referenced Tinubu and three other individuals.
After US agencies initially declined to confirm or deny the existence of the requested records, Greenspan instituted legal proceedings in 2023.
In April 2025, Judge Beryl Howell ruled that the agencies’ refusals were not sufficiently justified and directed the FBI and DEA to process the records. Tinubu was subsequently permitted to intervene in the case.
