By Daniel Oluwatobiloba Popoola
The Presidency has clarified that the ongoing United States Freedom of Information Act (FOIA) litigation involving President Bola Tinubu is a civil records-disclosure dispute, not a criminal trial or prosecution against him.
The clarification was contained in a statement by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, following proceedings before the United States District Court for the District of Columbia over records sought from US government agencies relating to 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 Tinubu, nor has the court found him guilty of any criminal wrongdoing,” the Presidency said.
The statement traced the matter to Tuesday, 4 February, 2003, when the American Consulate in Lagos informed the then Inspector-General of Police, Tafa Balogun, that an FBI records check had found no criminal arrest records, wants or warrants for Tinubu, who was then governor.
The matter resurfaced in 2022 after Aaron Greenspan filed FOIA requests with several US government agencies seeking records relating to Tinubu. The Presidency said Greenspan was known to work with Nigerian opposition figures, including David Hundeyin and Atiku Abubakar.
After some agencies withheld records or declined to confirm or deny their existence, Greenspan instituted Civil Action No. 23-1816 before the US District Court for the District of Columbia in 2023.
The court subsequently allowed Tinubu to intervene in the proceedings.
During the case, the defendants invoked the “Glomar defence”, a position under US law that allows government agencies to decline to confirm or deny the existence of an investigation where disclosure could expose protected information.
The Presidency said the defence is intended to protect government personnel, investigative techniques and sources used by law enforcement agencies.
The court subsequently granted summary judgment in favour of the Central Intelligence Agency, Executive Office for United States Attorneys, Department of State, Department of the Treasury and Internal Revenue Service, removing them from the proceedings.
However, claims involving the Federal Bureau of Investigation and Drug Enforcement Administration remained for further consideration.
The FBI and DEA subsequently produced 399 pages of records in compliance with the court’s orders, although portions were redacted under exemptions contained in US law.
Greenspan challenged the redactions and sought the release of the documents in full. The FBI and DEA, through the US Department of Justice, opposed the request, citing statutory restrictions on the disclosure of certain information.
According to the Presidency, some of the withheld material relates to grand jury proceedings, whose transcripts are protected from public disclosure by law.
It added that the Pen Register Act also protects information concerning certain court orders authorising or approving the installation and use of pen registers or trap-and-trace devices.
The Presidency maintained that the proceedings concern access to and redaction of government records under the US FOIA and do not amount to a criminal case against Tinubu.
