The US agencies said in their filing that contrary to the plaintiff’s assumption, they had not agreed to release confidential documents on Mr Tinubu by the end of October.
Some top law enforcement agencies of the United States have denied agreeing to release some confidential documents on Nigeria’s President Bola Tinubu.
They issued the denial in a statement of defence which they filed against a suit seeking an order to compel them to release the information. They filed the defence at the U.S. District Court for the District of Columbia on Monday.
The agencies are: Executive Office for U.S. Attorneys, Department of State, Federal Bureau of Investigation (FBI), Internal Revenue Service, Drug Enforcement Administration, and Central Intelligence Agency (CIA).
They said in their filing that contrary to the plaintiff’s assumption, they had not agreed to release confidential documents on Mr Tinubu by the end of October.
They said none of them conceded to waving any exemptions regarding the request.
“None of the parties have conceded any FOIA exemptions. As to the actions that certain Defendants agreed to take by the end of October, the FBI stated that it will release records relating to the two FOIA requests that sought records involving other individuals, not Tinubu,” the statement of defence read in part.
FOIA request
An American, Aaron Greenspan, had filed the suit at the US District Court for the District of Columbia in June under the Freedom of Information Act (FOIA).
In his complaint, Mr Greenspan accused the law enforcement agencies of violating the FIOA by failing to release within the statutory time “documents relating to purported federal investigations into” President Tinubu and one Mueez Adegboyega Akande, who is now deceased.
According to Mr Greenspan, the records being requested were from the Northern District of Illinois and/or Northern District of Indiana “involving charging decisions” against Messrs Tinubu and Akande.
In 1993, Mr Tinubu forfeited $460,000 to the American government after authorities linked the funds to proceeds of narcotics trafficking.
The issue of Mr Tinubu’s forfeiture of the funds featured prominently at the Presidential Election Petition Court where Atiku Abubakar and Peter Obi, challenged the president’s eligibility to contest Nigeria’s presidency.
But the presidential election court in a unanimous decision, on 6 September, dismissed the suits, affirming Mr Tinubu’s election.
Ahead of the Supreme Court’s hearing of Atiku Abubakar’s case against President Tinubu’s election on 23 October, Mr Greenspan, on 20 October, earnestly filed an application before the U,S. court seeking an order to compel the FBI, the CIA and others to fast-track the process of releasing the documents on the Nigerian leader.
A seven-member panel of the Nigerian Supreme Court on 23 October heard Atiku and Peter Obi’s appeals seeking to overturn Mr Tinubu’s victory in the 25 February presidential election.
The Supreme Court dismissed both appeals in its judgement delivered on 26 October.
Atiku, held a world conference on Monday when he faulted the Supreme Court judgement.
The press conference coincided with the filing by the U.S. agencies at the District Court of Columbia on Monday.
A judge of the US District Court for the District of Columbia Judge, Beryl Howell, had rejected Mr Greenspan’s emergency motion seeking the release of confidential documents on Mr Tinubu earlier than earlier purportedly scheduled.
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“Plaintiff has failed even to attempt to argue how his request may overcome those exemptions and achieve a likelihood of success on the merits. This failure to address this important factor in his Emergency Motion weighs strongly in favour of denying his motion,” Ms Howell said.
‘Plaintiff mischaracterises our report’
In their statement of defence on Monday, the defendants said Mr Greenspan’s assumption that they had agreed to release the documents on Mr Tinubu was a result of the mischaracterization of their Joint Status Report.
“Defendants reiterate that they oppose plaintiff s characterisation of the Joint Status Report filed September 11, 2023,” their statement of defence added.
They said: “The only party that has acknowledged responsive documents that are not subject to an exemption and will be produced is the FBI, who will produce records not related to Tinubu. No exemptions have been waived.”
