US District Court blocks discovery request targeting Nigerian President Tinubu in FOIA case

The United States District Court for the District of Columbia delivered a decision on 30 October 2026 that denied Aaron Greenspan’s request for limited discovery from Nigerian President Bola Tinubu and the consulting firm DCI Group. Greenspan had sought records from the Federal Bureau of Investigation and the Drug Enforcement Administration that he believed would support allegations of cyberattacks on his website. The court determined that the proposed discovery did not sufficiently relate to the central Freedom of Information Act (FOIA) dispute between the FBI and DEA.

Special Adviser to the President on Information and Strategy, Bayo Onanuga, announced the ruling by posting the court’s statement on his X account on 31 October 2026. The judgment also rejected a separate motion by non‑party Karl Von Batten to submit an amicus curiae brief, Greenspan’s request for judicial notice, and his motion for summary judgment.

Background

Greenspan’s lawsuit, filed earlier in the year, seeks the release of FBI and DEA records concerning investigations that linked Tinubu and Nigerian businessman Abubakar Agbele to activities in the 1990s. In an October 8 filing, Greenspan asked the court to consider additional records to support a separate application for limited discovery from Tinubu, arguing that the information could help investigate alleged cyberattacks on his website. The court’s October 30 ruling, shared by Onanuga, clarified that the alleged cyberattacks were outside the scope of the FOIA dispute, which centres on the FBI and DEA files.

Attorney Christopher W. Carmichael, representing President Tinubu, welcomed the decision, stating that it reinforced the need to keep the proceedings confined to matters directly relevant to the litigation. He emphasized that the FOIA case cannot be used to pursue unrelated discovery. Another attorney, Oluwole Afolabi, echoed this view, noting that the rulings established procedural boundaries while leaving the underlying FOIA litigation untouched.

Why it matters

The ruling limits the ability of Greenspan to obtain potentially sensitive information about Tinubu and DCI Group through the FOIA process, narrowing the focus to the FBI and DEA records at issue. By dismissing the cyberattack claim as irrelevant, the court underscores the principle that FOIA actions must remain tied to the specific legal questions presented. The decision also prevents a non‑party, Karl Von Batten, from influencing the case through an amicus brief, thereby keeping the litigation confined to the parties directly involved.

The outcome is significant for both US‑based plaintiffs seeking information on foreign officials and for the Nigerian administration, which faces scrutiny over past investigations. It demonstrates the court’s willingness to enforce procedural limits, ensuring that FOIA proceedings are not used as a broader investigative tool.

What happens next

The underlying FOIA case concerning the FBI and DEA records remains active. Greenspan may continue to pursue the core discovery request, but any further attempts to expand the scope to include alleged cyberattacks are likely to be rejected unless new relevance is demonstrated. No further motions or dates have been announced beyond the court’s October 30 decision.