The Presidency has clarified that the ongoing Freedom of Information Act, FOIA, case before the United States District Court for the District of Columbia is a civil records-disclosure dispute and not a criminal case against President Bola Ahmed Tinubu.
In a statement issued on Wednesday, September 3, 2026 by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, the State House said the court has not found President Tinubu guilty of any criminal wrongdoing.
The clarification follows recent media reports and commentary suggesting that the President was under criminal investigation in the United States.
According to the statement, the case dates back 23 years to February 4, 2003, when the American Consulate in Lagos informed the then Inspector General of Police, Tafa Balogun, that an FBI records check found no criminal arrest records, wants, or warrants for then Lagos State Governor, Bola Ahmed Tinubu.
The Presidency explained that in 2022, Mr. Aaron Greenspan, who it said works with Nigerian opposition figures including David Hundeyin and Atiku Abubakar, filed FOIA requests to several US government agencies seeking records relating to President Tinubu.
After the agencies withheld certain 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 later permitted President Tinubu to join the proceedings as an intervenor.
The statement noted that the defendant agencies invoked the “Glomar defence,” a standard legal position where US law enforcement agencies neither confirm nor deny the existence of records in order to protect personnel, sources and investigative techniques.
Based on that defence, the court granted summary judgment in favour of the CIA, EOUSA, Department of State, Department of the Treasury and the IRS, and removed them from the case. The claims involving the FBI and the DEA were left for further consideration.
In compliance with court orders, the FBI and DEA produced 399 pages of records with redactions under US law. The plaintiff challenged the redactions, but the agencies, through the US Department of Justice, opposed full disclosure.
The Presidency listed the reasons for the redactions to include protection of grand jury proceedings, attorney-client privilege, law enforcement purposes, personal privacy, and the identity of confidential sources under various FOIA exemptions. President Tinubu also asserted his rights under FOIA Exemption 7(C).
The statement added that the plaintiff has until September 11, 2026 to file further processes, while the FBI, DEA and the intervenor have until September 18, 2026 to respond.
The Presidency stressed that the release or withholding of records under FOIA does not establish criminal liability, and urged the media to distinguish verified court proceedings from partisan speculation.
It further noted that the case is before Judge Beryl A. Howell of the US District Court, who will determine the outcome based on evidence and applicable law, and not on political commentary.
