The Presidency has clarified that the United States case involving President Bola Tinubu is not a criminal matter. It described the case as a civil dispute over access to government records under the US Freedom of Information Act.
The clarification followed reports and political commentary about the proceedings before the United States District Court for the District of Columbia.
In a statement on Thursday, Special Adviser to the President on Information and Strategy, Bayo Onanuga, explained the nature of the case.
“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.
Presidency explains Tinubu’s US case
According to the Presidency, American transparency activist Aaron Greenspan submitted Freedom of Information Act requests to several US government agencies in 2022. Greenspan sought records relating to Tinubu from the agencies. He later filed a civil action after some agencies withheld records or declined to confirm whether they had them.
The case, identified as Civil Action No. 23-1816, is before the US District Court for the District of Columbia. The court later allowed Tinubu to participate in the proceedings as an intervenor. The Presidency stressed that his participation does not turn the matter into a criminal trial.
It also said the court has made no finding that Tinubu committed a criminal offence.
FBI, DEA records remain in dispute
The Presidency said several US agencies obtained summary judgment in the case. They include the CIA, Executive Office for United States Attorneys, Department of State, Department of the Treasury and Internal Revenue Service.
According to the statement, those agencies are no longer parties to the proceedings. However, issues involving the Federal Bureau of Investigation and Drug Enforcement Administration remain under consideration.
The FBI and DEA produced 399 pages of records in compliance with court orders, the Presidency said. However, the agencies redacted parts of the documents under exemptions provided by US law.
Greenspan subsequently challenged the redactions and asked the court to order the release of the withheld portions.
The FBI and DEA, through the US Department of Justice, opposed the request. They relied on several exemptions under the Freedom of Information Act. Those exemptions cover matters such as grand jury proceedings, law enforcement records, confidential sources and investigative techniques.
The Presidency said Tinubu, through his lawyers, had also asserted his rights under a privacy exemption in the law.
Presidency rejects criminal interpretation
The Presidency stressed that a dispute over access to government records does not amount to a criminal prosecution. It said the remaining issue is whether the FBI and DEA lawfully redacted parts of the documents they released.
The Presidency also disclosed the next steps in the case. Greenspan has until September 11, 2026, to file his opposition and reply to the processes submitted by the defendants and Tinubu.
The FBI, DEA and Tinubu will then have until September 18 to respond to any filing from Greenspan. The Presidency said the court would determine the dispute based on the evidence, applicable US law and arguments from the parties.
Onanuga also dismissed recent comments by US lobbyist Karl Von Batten. He said neither Von Batten nor his client is a party to the case. The Presidency urged the media and members of the public to distinguish between the actual court proceedings and political commentary surrounding them.
It maintained that the matter remains a civil dispute over access to government records and does not amount to a criminal charge or trial against Tinubu.
