US Court Case Against Tinubu Is Civil FOIA Dispute, Not Criminal Trial – Presidency

Presidency: Tinubu’s US Court Case Is Civil FOIA Matter, Not Criminal Case

The Presidency has clarified that President Bola Tinubu is not facing any criminal case in the United States.

According to a statement on Thursday by Bayo Onanuga, Special Adviser to the President on Information and Strategy, the matter in the US District Court for the District of Columbia is a civil Freedom of Information Act, FOIA, dispute and not a criminal trial.

What The Case Is About

The case, Civil Action No. 23-1816, was filed in 2023 by American transparency activist Aaron Greenspan, founder of PlainSite.

Greenspan had submitted 12 FOIA requests between 2022 and 2023 to six US federal agencies. He was seeking records relating to a Chicago heroin-trafficking investigation from the early 1990s that mentioned Tinubu alongside Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.

After the agencies issued “Glomar responses” – neither confirming nor denying records existed – Greenspan sued.

In April 2025, Judge Beryl A. Howell ruled the refusals were “neither logical nor plausible” and ordered the FBI and DEA to process the records. Tinubu was later allowed to join the suit as an intervenor to protect his privacy interests.

Agencies Involved and Documents Released

Onanuga said the CIA, Executive Office for US Attorneys, Department of State, Department of the Treasury and IRS have been dismissed from the case after winning summary judgment on “Glomar defence.”

The FBI and DEA remain in the suit. The two agencies have so far produced 399 pages of records, with some parts redacted.

The Presidency listed reasons for the redactions to include:
1. FOIA Exemption 3: Grand jury proceedings and Pen Register Act
2. FOIA Exemption 5: Attorney-client privilege and attorney work product
3. FOIA Exemptions 6 & 7C: Personal privacy
4. FOIA Exemptions 7D & 7E: Confidential sources and law enforcement techniques

“Tinubu has also invoked his privacy rights under a FOIA exemption in the case,” Onanuga stated.

Next Steps in Court

According to the statement:
– September 11: Deadline for Greenspan to respond to defendants’ and intervenor’s filings
– September 18: Deadline for FBI, DEA and Tinubu to file further responses

Onanuga dismissed commentary by Karl von Batten, saying he is not a party to the suit. He added that the case is solely before Judge Beryl A. Howell who will decide based on evidence and law, “not the wishful preference of Alhaji Atiku Abubakar or his agent.”

Presidency Urges Media To Be Accurate

The Presidency urged Nigerian media to distinguish between verified court proceedings and partisan speculation.

“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,” the statement read.

Conclusion

The Tinubu US case continues to generate debate online. But according to the Presidency, it remains a civil legal battle over public records disclosure, not a criminal prosecution.

The outcome will depend on Judge Howell’s ruling on what documents can be released under US FOIA law.