•••Decisions in U.S. FOIA Suit Deal Fresh Setback to Opposition Efforts Spearheaded by Atiku Abubakar
The United States District Court for the District of Columbia has declined a motion at the instance of Aaron Greenspan seeking limited discovery from Nigerian President Bola Tinubu and DCI Group in ongoing litigation under the Freedom of Information Act (FOIA).
In a ruling, the court determined that the proposed discovery concerning alleged cyberattacks on Greenspan’s website was not sufficiently relevant to the underlying FOIA dispute involving the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA). The court averred that the Freedom of Information Act proceeding cannot be used to pursue discovery unrelated to the legal questions before it. An experienced appellate advocate, Christopher W. Carmichael, says going by the court’s turning down the request for discovery against President Tinubu and DCI Group, the judiciary has reinforced the importance of keeping litigants focused on the issues properly before it. The court equally denied a separate motion by non-party Karl Von Batten seeking permission to file an amicus curiae brief, as well as Greenspan’s related request for judicial notice and motion for summary judgment. Another defense counsel in the matter, Oluwole Afolabi, says the court’s rejection of the plaintiff’s motion for summary judgment and the introduction of an amicus brief is intended to keep the court focused on the issues before it. These rulings have established important procedural boundaries and clarified which matters are appropriate for consideration in the case.
The background of this legal dispute stems from a FOIA lawsuit filed in June 2023 by American transparency activist and PlainSite founder Aaron Greenspan against multiple U.S. federal agencies. Greenspan sought the public disclosure of government files concerning Bola Tinubu, specifically targeting materials related to a 1993 U.S. civil forfeiture proceeding involving approximately $460,000 linked to bank accounts under Tinubu’s name, alongside historical FBI, DEA, and State Department investigative materials. Following the filing of the suit, President Tinubu intervened in the matter to assert his privacy rights and challenge the full release of law enforcement records. The recent court decision arises from Greenspan’s attempt to introduce claims of cyberattacks against his website and demand extra discovery from Tinubu and DCI Group, which the District of Columbia court ruled was outside the legal scope of a standard FOIA record disclosure suit.
This case links directly to former Nigerian Vice President and 2027 African Democratic Congress (ADC) presidential candidate Atiku Abubakar, who has actively referenced the U.S. records and legal battles to challenge Tinubu’s eligibility and public profile. Atiku and his supporters have previously urged American law enforcement agencies to unseal and release all background files regarding Tinubu, contending that Nigerian citizens possess a democratic right to complete transparency regarding the character, history, and financial dealings of their leader. Consequently, Greenspan’s FOIA suit has remained a key focal point in Nigerian domestic political debates, serving as a legal backdrop for opposition efforts led by Atiku to scrutinize President Tinubu’s past disclosures and qualifications.
Atiku allegedly retained Washington-based lobbyist Karl Von Batten (of Von Batten-Montague-York, L.C.) under a $1.2 million agreement to strengthen his international reputation, counter federal government narratives, push issues relating to historical U.S. records and civil forfeiture matters concerning President Bola Tinubu and handle strategic advocacy in the United States.
