The Presidency has rejected claims that President Bola Ahmed Tinubu is facing a criminal trial in the United States, saying the case concerns access to government records.
In a statement issued on Thursday, Special Adviser to the President on Information and Strategy, Bayo Onanuga, said the matter before the United States District Court for the District of Columbia was a civil dispute under the Freedom of Information Act.
“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.
The statement followed renewed public discussion of a lawsuit filed by Aaron Greenspan, who sought records relating to Tinubu from several US government agencies.
The Presidency said Greenspan submitted the FOIA requests in 2022 and commenced Civil Action No. 23-1816 in 2023 after some agencies withheld records or declined to confirm or deny whether they existed.
It said Tinubu was subsequently permitted by the court to participate in the proceedings as an intervenor.
The Presidency also referred to a February 4, 2003 letter from the American Consulate in Lagos to then Inspector-General of Police, Tafa Balogun, which it said reported that an FBI records check had found no criminal arrest records, wants or warrants for Tinubu, who was then governor of Lagos State.
According to Onanuga, the defendants in the FOIA proceedings invoked the “Glomar defence”, under which US law-enforcement agencies may, in certain circumstances, decline to confirm or deny the existence of an investigation.
The Presidency said the court subsequently granted summary judgment in favour of the CIA, Executive Office for United States Attorneys, Department of State, Department of the Treasury and Internal Revenue Service, leaving claims involving the FBI and Drug Enforcement Administration for further consideration.
It said the FBI and DEA produced 399 pages of records in compliance with court orders, with portions redacted under exemptions provided by US law.
The plaintiff challenged the agencies’ decisions to withhold parts of the records, the Presidency said.
According to the statement, the FBI and DEA, through the US Department of Justice, opposed the request for unredacted documents on grounds including protections for grand jury proceedings, attorney-client and attorney-work product privileges, law-enforcement material, personal privacy, confidential sources and investigative techniques.
The Presidency said Tinubu’s lawyers had also asserted his rights under FOIA Exemption 7(C), which concerns personal privacy in certain law-enforcement records.
Onanuga stressed that the dispute over disclosure should not be interpreted as a finding of criminal liability against the President.
“The release or withholding of records under FOIA does not, by itself, establish criminal liability,” he said.
The Presidency also disputed recent commentary involving former Vice-President Atiku Abubakar and Karl Von Batten, saying neither was a party to the case.
It said the outcome remained a matter for Judge Beryl A. Howell of the United States District Court for the District of Columbia to determine on the basis of the evidence, applicable law and arguments filed by the parties.
“The United States District Court will decide that issue based on the filings and applicable US law, not political commentary,” Onanuga said.
The statement said Greenspan had until September 11, 2026, to file any opposition and reply to the processes of the defendants and intervenor, while the FBI, DEA and Tinubu had until September 18 to respond.
The Presidency urged the media and the public to distinguish between the court proceedings and what it described as partisan speculation surrounding the case.