The Presidency yesterday broke its silence on the ongoing litigation surrounding the highly guarded history of the president in the United States, explaining why President Bola Tinubu, currently on a three-week vacation in Europe, is opposing the release of unredacted records held by U.S. law enforcement agencies.
It clarified that the issue involves lawful exemptions under the U.S. Freedom of Information Act (FOIA) and does not constitute a criminal case against President Tinubu.
However, the U.S.-based lobbyist Dr. Karl Von Batten, hired by Atiku, intensified calls for U.S. courts to set aside the FBI’s argument and order the release of wiretap records the agency has on Tinubu.
This update follows the announcement of Karl’s appointment as White House Presidential Commissioner by U.S. President Donald Trump. Batten’s lobbying firm, Von Batten-Montague-York, L.C., announced the appointment on X.
In a statement issued by presidential spokesman Bayo Onanuga, amid renewed public debate, the Presidency said the ongoing litigation before the U.S. District Court for the District of Columbia is a civil dispute over access to government records. It emphasized that neither the court nor any U.S. government agency has found Tinubu guilty of a crime.
The Presidency said the case goes back to 2022, when Aaron Greenspan submitted FOIA requests to several U.S. agencies seeking records related to Tinubu. According to the statement, after some agencies withheld records or declined to confirm or deny their existence, Greenspan filed Civil Action No. 23-1816 in 2023 before the U.S. District Court for the District of Columbia.
The Presidency further explained that it is the court that will decide whether President Tinubu’s records will be released or kept secret in the ongoing FOIA case, not Atiku Abubakar.
According to the Presidency, “the release or withholding of records under FOIA does not, by itself, establish criminal liability. The Nigerian media should note that this case is exclusively within the control of Judge Beryl A. Howell of the U.S. District Court. She will decide based on evidence, law, and the arguments presented, not on the wishes of Alhaji Atiku Abubakar or his agent, Mr. Von Batten.”
As the 2027 general elections campaign gains momentum, presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, and his lobbyist, Ikemefuna Okeke Von Batten, continue to claim that the U.S. government holds criminal records against the Nigerian president, urging U.S. authorities to release findings of an FBI report on alleged drug-trafficking records linked to Tinubu.
Onanuga accused the opposition of mischaracterizing the matter, which involves Tinubu’s civil forfeiture of funds to the U.S. government while he was investigated for drug offenses in 1993—six years before Tinubu was elected governor of Lagos State.
The Presidency recalled that over two decades ago, the American Consulate in Lagos, in a letter dated February 4, 2003, informed the then Inspector-General of Police, Tafa Balogun, that an FBI records check showed no criminal arrest records, warrants, or wants for Tinubu.
The Presidency explained that during the litigation, defendants invoked what is known under U.S. law as the “Glomar defense,” which allows a government agency to refuse confirmation or denial of records where revealing such could disclose protected information. It noted that this defense is routinely used by U.S. law enforcement and intelligence agencies.
The court granted summary judgment in favor of the CIA, the EOUSA, the Department of State, the Department of the Treasury, and the IRS, removing those agencies from the case. The remaining issues involve the FBI and DEA.
The Presidency said that in accordance with court orders, the FBI and DEA released 399 pages of records, with some parts redacted under U.S. law. The plaintiff challenged the agencies’ decision to withhold certain information.
According to the Presidency, the FBI and DEA opposed the release of unredacted records on various legal grounds, citing protections for personal privacy, confidential sources, and law enforcement methods.
The Presidency added that President Tinubu, acting on legal advice, also invoked FOIA Exemption 7(C), which safeguards against unwarranted invasions of personal privacy. The next phase of the case will be determined by the parties’ filings.
It noted that the plaintiff has until September 11, 2026, to oppose and reply to the defendants’ submissions, while the FBI, DEA, and intervenor have until September 18, 2026, to respond. The Presidency warned that the release or withholding of records under FOIA should not be seen as evidence of criminal activity.
Reacting, Hakeem Baba-Ahmed, national leader of the Peoples Redemption Party (PRP), said the saga around Tinubu and Atiku has damaged Nigeria’s image more than the release of the records would.
Baba-Ahmed stated on X that Nigeria is already suffering from insecurity, corruption, poverty, and crime, and questioned whether the ongoing saga does not further harm Nigeria’s reputation.
Meanwhile, Philip Agbese, deputy spokesperson of the House of Representatives, criticized opposition figures campaigning on the saga, warning that it could damage Nigeria’s international image and negatively affect citizens abroad.
He argued that spreading old documents and unproven allegations internationally could harm Nigerians seeking education, work, investments, or business opportunities overseas.
“This has gone beyond politics. When desperate politicians begin to export their political battles and package Nigeria as a country led by criminals, they are not just hurting President Tinubu—they are damaging the reputation of every Nigerian living or doing business abroad,” Agbese said.
He urged the Trump administration to scrutinize the motives of those spreading information about Nigeria and its leadership.
Meanwhile, more troubles seem to come for President Tinubu, as Dr. Karl Von Batten claims the FBI admits the Tinubu records include wiretap material.
In court filings, the FBI requested that disclosures of highly sensitive wiretap recordings be denied.
Batten explained that the FBI invoked FOIA Exemption 3 and 18 U.S.C. §§ 2510–2520, which protect information from wiretaps, to safeguard identities and sources. He noted that FOIA has limited protections for deceased persons or those convicted of crimes, pointing out that the FBI states that “privacy concerns are typically obviated once an individual is deceased,” and suggested that the only likely living target is Tinubu.
Atiku hired Batten’s firm last March for $1.2 million for a year. The firm has been lobbying U.S. lawmakers and officials, including President Trump, to oppose Tinubu’s re-election in 2027.
Tinubu's relationship with Washington has been tense recently. In 2025, the U.S. increased diplomatic pressure, accusing Nigeria of insufficiently protecting Christians amid ongoing conflicts.
That accusation, viewed favorably by the U.S. religious right, led to strikes against ISIS-linked targets in Nigeria. Nigeria responded with a large lobbying campaign and increased military cooperation.
Demola Olarewaju, Atiku’s Senior Political Assistant, said that Atiku is fighting Tinubu both domestically and internationally and expects to defeat him in 2027.
He stated on X that “Not enjoyable news for the desperate APC presidential horde who spent $9m to lobby the US into endorsing Tinubu for another failed tenure only to meet Atiku in front. Domestically and internationally, Atiku is battling Tinubu and will defeat him in 2027.”
Yoruba leader Chief Akin Malaolu also commented, claiming the U.S. appointment of Von Batten shows that President Trump favors Atiku. Malaolu said that this indicates the wide influence and credibility the lobbyist has in Washington.
He stated: “While there is no evidence that Trump’s appointment was made because of Von Batten’s relationship with Atiku, the coincidence is politically significant and demonstrates the level of access and institutional credibility surrounding the Washington-based lobbyist.
For the opposition, the development is a reminder that Nigeria’s political contest ahead of 2027 is no longer confined to the domestic arena. The battle over Nigeria’s democratic credentials, economic direction, governance and international reputation is increasingly being fought in global policy centres, particularly Washington.”
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