NEWS
$36m US Lawsuit: Atiku’s U.S Law Firm Says It Has Clearance to Sue Tinubu, Fani-Kayode
A United States law firm representing former Vice President and African Democratic Congress (ADC) Presidential Candidate, Alhaji Atiku Abubakar has announced that it has received clearance to commence a $36 million federal lawsuit against President Bola Tinubu and former Minister of Aviation, Femi Fani-Kayode, in the United States.
Von Batten Montague-York disclosed this in a statement issued on Wednesday, stating that the proposed action would be filed before the United States District Court for the District of Columbia.
According to the firm, the lawsuit is connected to allegations involving threats of kidnapping and physical harm allegedly made against its principal, Dr Von Batten, by Fani-Kayode. The firm further alleged that the threats formed part of what it described as an organised criminal conspiracy involving the Nigerian Presidency.
The law firm said:
“We have been cleared and authorized to proceed with a $36 million federal lawsuit against Nigerian President Bola Tinubu (@OfficialABAT) and Ambassador Femi Fani-Kayode in the United States District Court for the District of Columbia.“
The suit arises from threats of kidnap and physical harm to Dr Von Batten, made by Ambassador Fani-Kayode as part of the alleged organised criminal conspiracy involving the Nigerian Presidency.
“As to President #Tinubu, this case will test the limits of the Foreign Sovereign Immunities Act and head-of-state immunity while Tinubu remains President.
“The complaint will proceed under applicable D.C. tort law, the FSIA, the Justice Against Sponsors of Terrorism Act (JASTA), and the Anti-Terrorism Act (ATA), including 28 U.S.C. § 1605B and 18 U.S.C. §§ 2331 and 2333. Section 1605B addresses specified international-terrorism claims against foreign states, while § 2333 provides a civil remedy to U.S. nationals who satisfy its statutory requirements.”
The firm said the case would raise questions about the extent to which a sitting foreign head of state could be protected from civil proceedings under US law, particularly through provisions relating to foreign sovereign immunity and head-of-state immunity.
It also indicated that the proposed complaint would rely on several provisions of United States law, including the Foreign Sovereign Immunities Act, the Justice Against Sponsors of Terrorism Act and the Anti-Terrorism Act.
The legal battle, if filed as announced, could therefore place issues surrounding sovereign immunity and the jurisdiction of US courts over claims involving foreign officials at the centre of the proceedings.
Beyond the proposed civil action, Von Batten Montague-York said it intends to approach immigration authorities in the United States, United Kingdom and European Union following the filing of the case.
“After filing next week, we will engage with U.S., U.K., and E.U. immigration authorities regarding the alleged extrajudicial threats and whether Ambassador Fani-Kayode’s travel or visa status warrants review.
“U.S. law provides terrorism-related grounds of inadmissibility under INA § 212(a)(3)(B), 8 U.S.C. § 1182(a)(3)(B), and authority for visa revocation under INA § 221(i), 8 U.S.C. § 1201(i). Any determination will be for the appropriate authorities.”
The statement, however, represents the law firm’s announced position and proposed legal action; the allegations contained in it would be matters for the appropriate court or authorities to determine if proceedings are filed.
The proposed $36 million case could consequently become an international legal confrontation involving Nigeria’s sitting President, a former federal minister and a US-based legal representative of Atiku Abubakar, with questions of jurisdiction, immunity and the alleged threats expected to form key elements of the dispute.