The clarification was contained in a statement issued on Thursday night by Bayo Onanuga, Special Adviser to the President on Information and Strategy.
Onanuga explained that the case before the United States District Court for the District of Columbia concerns requests for the disclosure of government records under the US FOIA.
According to him, the matter originated from FOIA requests submitted in 2022 by Aaron Greenspan to several US government agencies seeking records relating to Tinubu.
“The Presidency has noted recent speculative reports concerning an ongoing Freedom of Information Act case before the United States District Court for the District of Columbia.
“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.
He recalled that in a letter dated February 4, 2003, the American Consulate in Lagos informed 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 the Governor of Lagos State.
Onanuga said Greenspan filed the FOIA requests in 2022 and, after some US agencies withheld certain records or declined to confirm or deny their existence, he instituted Civil Action No. 23-1816 before the US District Court for the District of Columbia in 2023.
The court subsequently allowed Tinubu to participate in the proceedings as an intervenor.
During the case, the defendants invoked what is known as the “Glomar defence”, a legal position under which a government agency declines to confirm or deny whether particular records or an investigation exist.
Onanuga said the court subsequently granted summary judgment in favour of the CIA, the Executive Office for United States Attorneys, the Department of State, the Department of the Treasury and the Internal Revenue Service, removing them from the proceedings.
He said the remaining aspects of the case involving the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) were left for further consideration.
According to the Presidency, the FBI and DEA subsequently produced 399 pages of records, with portions redacted under exemptions allowed by US law.
The agencies, through the US Department of Justice, reportedly argued that some of the documents were protected from disclosure, including materials relating to grand jury proceedings and information covered by the Pen Register Act.
They also relied on attorney-work product and attorney-client privileges, as well as exemptions covering law-enforcement records, personal privacy, confidential sources and investigative techniques.
Onanuga said Tinubu, acting on legal advice, had also asserted his rights under FOIA Exemption 7(C), which relates to personal privacy in law-enforcement records.
The Presidency said the plaintiff has until September 11, 2026, to file any opposition and reply to the processes filed by the defendants and the intervenor, while the FBI, DEA and the intervenor have until September 18 to respond.
“The release or withholding of records under FOIA does not, by itself, establish criminal liability. The case concerns access to government records and the proper application of statutory exemptions,” Onanuga said.
He stressed that the proceedings remain under the control of Judge Beryl A. Howell of the United States District Court for the District of Columbia, who will determine the matter based on the evidence, applicable law and arguments presented by the parties.
The Presidency also rejected recent claims suggesting that Karl von Batten and his client were central to the proceedings, stating that neither is a party to the case.
Onanuga urged the media and members of the public to distinguish between verified court proceedings and political commentary surrounding the case.
“The litigation is a civil records-disclosure dispute under FOIA. It does not constitute a criminal charge, trial or judicial finding against President Tinubu,” he added.
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