The clarification was issued by Bayo Onanuga, Special Adviser to the President on Information and Strategy, following public commentary suggesting that Tinubu was facing criminal proceedings in the United States.
According to the Presidency, the case began after Aaron Greenspan submitted FOIA requests in 2022 seeking records relating to Tinubu from several U.S. government agencies. Greenspan later filed Civil Action No. 23-1816 before the United States District Court for the District of Columbia in 2023.
The court subsequently allowed President Tinubu to participate in the proceedings as an intervenor.
The Presidency said the FBI and DEA have produced 399 pages of records, although portions were redacted under exemptions provided by U.S. law. The dispute now includes a challenge to whether those redactions are legally justified.
The agencies have cited several legal protections, including grand jury secrecy, attorney-client privilege, law enforcement protections, personal privacy and safeguards for confidential sources and investigative techniques.
The Presidency also said Tinubu has asserted privacy rights under FOIA Exemption 7(C).
Importantly, the Presidency stressed that the release or withholding of records under FOIA does not by itself establish criminal liability.
It said the matter does not constitute a criminal charge, criminal trial or judicial finding against President Tinubu. The court will ultimately determine whether the disputed redactions comply with U.S. law.
The plaintiff has until September 11, 2026, to file opposition and reply to the relevant processes, while the FBI, DEA and Tinubu, as intervenor, have until September 18 to respond.
The clarification comes as the case continues to attract significant political and public attention in both Nigeria and the United States.
