US Court denies discovery request against Tinubu, DCI group in FOIA litigation

By Johnbosco Agbakwuru ABUJA –The United States District Court for the District of Columbia has denied a motion by Aaron Greenspan seeking limited discovery from Nigerian President Bola Tinubu and DCI Group in ongoing litigation under the Freedom of Information Act (FOIA). Special Adviser to the President on Information and Strategy, Bayo Onanuga, in a post on his X account stated that in its October 30 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 Drug Enforcement Administration (DEA).

“The Court’s decision makes clear that this Freedom of Information Act proceeding cannot be used to pursue discovery unrelated to the legal questions before it,” said attorney Christopher W. Carmichael. “By denying the request for discovery against President Tinubu and DCI Group, the Court reinforced the importance of keeping this litigation focused on the issues properly before it.” According to him, the Court also denied a separate motion by nonparty Karl Von Batten seeking permission to file an amicus curiae (friend-of-the-court) brief, as well as Greenspan’s related request for judicial notice.

Additionally, the Court denied Greenspan’s motion for summary judgment. “The Court also denied the plaintiff’s motion for summary judgment and rejected a separate request to introduce an amicus brief,” said Attorney Oluwole Afolabi. “While the underlying FOIA issues remain before the Court, these rulings establish important procedural boundaries and clarify which matters are appropriate for consideration in this litigation.”