A fresh legal battle may be unfolding in the United States as a law firm representing former Vice President Atiku Abubakar says it has been authorised to commence a $36 million federal lawsuit against President Bola Tinubu and former Minister of Aviation, Femi Fani-Kayode.
The law firm, Von Batten Montague-York, disclosed this in a statement on Wednesday, saying the suit would be filed before the United States District Court for the District of Columbia.
According to the firm, the proposed lawsuit stems from allegations of threats of kidnapping and physical harm allegedly made against Dr Von Batten by Fani-Kayode.
The statement alleged that the threats were connected to what the law firm described as an “organised criminal conspiracy involving the Nigerian Presidency.”
The firm stated: “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 legal action, if filed, could also test the extent to which a sitting foreign president can be subjected to litigation in a U.S. court.
The firm said the case would raise questions surrounding the Foreign Sovereign Immunities Act (FSIA) and head-of-state immunity, given that Tinubu is currently Nigeria’s president.
It further stated that the complaint would rely on applicable District of Columbia tort law, the FSIA, the Justice Against Sponsors of Terrorism Act (JASTA) and the Anti-Terrorism Act (ATA), including provisions under U.S. federal law relating to terrorism and civil claims.
The law firm also disclosed that, following the filing, it intends to engage U.S., U.K. and European Union immigration authorities over the alleged threats and whether Fani-Kayode’s immigration or visa status should be reviewed.
However, the firm acknowledged that any decision regarding visa restrictions or immigration action would ultimately rest with the relevant authorities.
The proposed case has yet to be determined by the U.S. court, and the allegations contained in the law firm’s statement remain claims that would have to be tested through legal proceedings.
More details are expected when the lawsuit is formally filed in the United States next week.
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