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US records suit: 399 pages released in Tinubu case

A US court records dispute involving President Bola Tinubu has produced 399 pages from two federal agencies, with the parties facing further filing deadlines in September. The proceedings, before the United States District Court for the District of Columbia, concern access to government records requested under the Freedom of Information Act, not a criminal trial against Tinubu.

The Presidency gave the clarification on Thursday through Bayo Onanuga, Special Adviser to the President on Information and Strategy, as attention around the US court records continued.

Onanuga said the Federal Bureau of Investigation and the Drug Enforcement Administration had produced 399 pages in response to the case. Some portions were withheld or covered under exemptions allowed by US law.

Tinubu joined the proceedings as an intervenor after the court allowed him to take part in the suit to protect his privacy interests.

How the records dispute began

The dispute began with Freedom of Information Act requests filed by American transparency activist Aaron Greenspan in 2022. Greenspan sought records from several US government agencies.

He later filed Civil Action No. 23-1816 in 2023 before the US District Court for the District of Columbia.

The requests concern a Chicago heroin-trafficking investigation from the early 1990s. The investigation named Tinubu alongside Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.

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The agencies initially gave what is known as a “Glomar” response. This allows a government agency to neither confirm nor deny whether particular records exist.

The court later ruled on the agencies’ refusal to provide the records. In April 2025, Judge Beryl A. Howell found that the FBI and DEA responses were “neither logical nor plausible” and ordered the two agencies to process the records.

The CIA, Executive Office for United States Attorneys, Department of State, Department of the Treasury and Internal Revenue Service have since left the suit after receiving summary judgment based on the Glomar defence.

The FBI and DEA are still involved in the proceedings and have produced the 399 pages.

Some records have been withheld under rules covering grand jury secrecy, attorney-client privilege, law enforcement information, personal privacy and confidential sources.

The Presidency said some documents are protected because they contain information about grand jury proceedings. Others involve legal advice sought or received by FBI and DEA agents from US Department of Justice lawyers.

Other withheld material relates to law enforcement work, personal privacy, confidential sources and investigative methods.

Tinubu has also invoked his privacy rights under a Freedom of Information Act exemption.

September deadlines set by court

The court process now has specific filing dates. Greenspan has until 11 September to respond to filings from the defendants and Tinubu.

The FBI, DEA and Tinubu have until 18 September to file further responses.

Onanuga also rejected recent commentary by Karl von Batten, saying neither von Batten nor his client is a party to the suit.

“The Nigerian media should note that this case is exclusively within the control of Judge Beryl A. Howell of the United States District Court. She will determine its outcome, based on the evidence, applicable law, and the parties’ arguments, not the wishful preference of Alhaji Atiku Abubakar or his agent, Mr Von Batten,” Onanuga said.

He also said the media should distinguish “verified court proceedings from partisan speculation.”

The Presidency’s position is that the court proceedings concern access to US government records under the Freedom of Information Act. The court has not found Tinubu guilty of criminal wrongdoing in the proceedings.

The next scheduled stage is the exchange of further filings, with 11 and 18 September set as the dates given in the presidential aide’s account of the case.

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