The Presidency has clarified that President Bola Tinubu is not on trial in the United States, stressing that the ongoing Freedom of Information Act case before a US court is a civil records-disclosure dispute and not a criminal proceeding.
The clarification follows recent reports and public commentary concerning the case before the United States District Court for the District of Columbia.
According to a statement issued on Thursday by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, the matter arose from FOIA requests submitted in 2022 by Aaron Greenspan to several US government agencies seeking records relating to President Tinubu.
The statement said the agencies withheld certain records or declined to confirm or deny their existence, leading Greenspan to commence a civil action before the US District Court in 2023.
The court subsequently permitted President Tinubu to participate in the proceedings as an intervenor.
The Presidency explained that the defendants invoked the “Glomar defence,” a standard position under US law that allows government agencies, in certain circumstances, to decline to confirm or deny the existence of an investigation.
It said the court granted summary judgment in favour of the CIA, EOUSA, Department of State, Department of the Treasury and the Internal Revenue Service, removing them from the proceedings, while aspects involving the FBI and Drug Enforcement Administration remained under consideration.
According to the statement, the FBI and DEA produced 399 pages of records, with portions redacted under exemptions provided by US law.
The Presidency said the agencies rejected demands for the release of the documents without redactions, citing protections covering grand jury proceedings, attorney-client privileges, law enforcement information, personal privacy, confidential sources and investigative techniques.
It added that President Tinubu, on the advice of his lawyers, had also asserted his rights under FOIA Exemption 7(C), which protects personal privacy.
The Presidency stressed that the release or withholding of records under FOIA does not, by itself, establish criminal liability, saying the case concerns access to government records and the proper application of statutory exemptions.
It further stated that the outcome of the matter rests with Judge Beryl A. Howell of the US District Court for the District of Columbia, based on the evidence, applicable law and arguments presented by the parties.
The Presidency also dismissed recent commentary suggesting that Karl von Batten and his client, former Vice President Atiku Abubakar, are central to the proceedings, stressing that neither is a party to the case.
It urged the Nigerian media and the public to distinguish verified court proceedings from partisan speculation, noting that the remaining issue before the court is whether the redactions made by the FBI and DEA are lawful.
(Follow AIT News on WhatsApp, AfricaIndependentTV on YouTube, ait_online on Facebook and X (Formerly Twitter), and officialait on TikTok, Instagram and Threads)
Editor: Ada Ononye
