A US court ruling denying Aaron Greenspan’s request to seek limited discovery from Nigerian President Bola Tinubu and consulting firm DCI Group has drawn criticism on social media, even as the underlying dispute over access to federal records remains unresolved.
US District Judge Beryl A. Howell rejected the discovery request on October 30 but required further proceedings on federal agencies’ justification for withholding records under the Freedom of Information Act.
The ruling neither dismissed the records-access lawsuit nor ordered the immediate release of the disputed documents. It also made no findings concerning Tinubu’s criminal liability.
Some X (formerly Twitter) users questioned why the denial of discovery was being celebrated by the president’s supporters.
“Imagine celebrating because a court has denied a suit seeking the release of your records to the public. What exactly is there to celebrate?” @clintoneleven wrote.
Another user on X wrote, @NnaemekaEdeh1, criticised those celebrating the decision, asking: “What is Tinubu hiding?”
Those comments characterised the ruling more broadly than the order itself, which denied the discovery request but left several contested withholding claims open for further consideration.
In the three-page order, Howell denied Greenspan’s motion for summary judgment and granted only part of a cross-motion by the Federal Bureau of Investigation and the Drug Enforcement Administration.
She upheld the adequacy of the FBI’s search for responsive records and its withholding of information under FOIA Exemption 5.
However, the judge denied, without prejudice, the agencies’ request for summary judgment concerning withholding under Exemptions 3, 6, 7(C), 7(D), 7(E) and 7(F), leaving those issues open to renewed submissions.
The parties must confer and submit a proposed schedule by November 27 for any renewed summary-judgment motions.
Supplemental explanations supporting continued withholding must address the grounds for invoking each exemption, applicable foreseeable-harm requirements, whether non-exempt portions can be released separately, and information already in the public domain.
Howell also denied Karl Von Batten’s request to submit an amicus brief, Greenspan’s motion for judicial notice supporting discovery, and his request for procedural safeguards governing the FBI’s private submissions to the court.
The three-page order did not explain the reasoning behind the discovery denial.
Whether the agencies may continue withholding the remaining contested information will be addressed in further proceedings.
