US court case on Tinubu’s past forfeiture is civil, not criminal matter – Presidency

President Bola Ahmed Tinubu is refusing to allow unredacted records held by US law enforcement agencies to be released, citing lawful exemptions under the US Freedom of Information Act (FOIA), according to a statement from the Presidency. The matter is not a criminal case against the Nigerian leader, but a civil dispute over access to government records.

The controversy began in 2022 when Aaron Greenspan made FOIA requests to several US agencies seeking records related to Tinubu. After some agencies withheld or declined to confirm the existence of certain records, Greenspan filed Civil Action No. 23-1816 in the US District Court for the District of Columbia in 2023. The Presidency explained that Tinubu was allowed to participate as an intervenor.

The US government agencies invoked the "Glomar defence", a legal position that prevents agencies from confirming or denying the existence of certain records to protect law enforcement personnel, confidential sources, and investigative techniques. The court granted summary judgment in favor of the CIA, Executive Office for United States Attorneys, Department of State, Department of the Treasury, and Internal Revenue Service, removing them from the proceedings.

The remaining aspects of the case involve the FBI and DEA, who have released 399 redacted pages of records in compliance with court orders. Greenspan has challenged the agencies' decision to withhold portions of the documents. The FBI and DEA have opposed the demand for unredacted documents on various legal grounds, including exemptions for grand jury proceedings, attorney-client and attorney-work-product privileges, and personal privacy concerns.

Tinubu's position is not an admission of criminal wrongdoing and is based on his legal rights under FOIA Exemption 7(C). The Presidency stated that the release or withholding of records under FOIA does not establish criminal liability. The court proceedings remain under the control of Judge Beryl A. Howell, who will decide based on the evidence, applicable law, and arguments from the parties.