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US Lobbying Firm Von Batten Montague-York announces $36m lawsuit against Tinubu, Fani-Kayode over alleged kidnap, death threats
A United States-based law and policy advisory firm working with former Vice President Atiku Abubakar, Von Batten Montague-York, has announced plans to file a $36 million federal lawsuit against President Bola Tinubu and former Minister of Aviation, Femi Fani-Kayode, in the United States.
The firm said it had been cleared and authorised to proceed with the proposed action, which it intends to file before the United States District Court for the District of Columbia.
In a statement issued on Wednesday, the firm said the proposed lawsuit arose from what it described as threats of kidnapping and physical harm allegedly made against its principal, Dr Karl Von Batten, by Fani-Kayode.
The firm further alleged that the threats formed part of an organised criminal conspiracy involving the Nigerian Presidency.
“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 firm said.
According to the firm, the case involving Tinubu would test the scope of the Foreign Sovereign Immunities Act and head-of-state immunity while he remains President of Nigeria.
It said the proposed complaint would rely on applicable District of Columbia tort law, the Foreign Sovereign Immunities Act (FSIA), the Justice Against Sponsors of Terrorism Act (JASTA) and the Anti-Terrorism Act (ATA).
The firm also cited provisions including Section 1605B of the U.S. Code, which concerns specified international-terrorism claims against foreign states, and Section 2333, which provides a civil remedy to U.S. nationals who meet the statutory requirements.
The firm said it would pursue the case despite the legal questions surrounding presidential immunity and the application of U.S. federal law to a sitting foreign head of state.
“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,” the statement added.
It cited provisions of U.S. immigration law dealing with terrorism-related grounds of inadmissibility and visa revocation.
The firm, however, acknowledged that any decision concerning Fani-Kayode’s immigration or visa status would be left to the relevant authorities.
The proposed lawsuit is the latest development in an escalating dispute involving Von Batten-Montague-York, Fani-Kayode and individuals associated with the Nigerian Presidency.
Earlier this month, the firm alleged that its founder had received an unsolicited offer of $3 million from an individual it was told was connected to President Tinubu, alongside an invitation to a confidential meeting in London, in an attempt to persuade him to discontinue the firm’s campaign concerning historical U.S. records involving Tinubu. The firm said it rejected the offer and intended to submit the communications to U.S. authorities.
Fani-Kayode has separately challenged Von Batten’s claims and questioned the identity, credentials and motives of the firm’s founder. In a recent statement, he denied the allegations and criticised the firm’s campaign against President Tinubu.
The latest development also comes against the background of the firm’s campaign concerning historical U.S. records linked to allegations involving President Tinubu. Those allegations have been contested and should not be treated as established criminal findings.
As of the latest available reports, the proposed $36 million complaint had not yet been confirmed as filed on the U.S. federal court docket. The reported figure, the firm’s claim that it had been authorised to proceed and its proposed legal arguments were based on the firm’s own statement.
If filed, the case could bring questions surrounding foreign sovereign immunity, the legal protections available to a sitting head of state and the application of U.S. anti-terrorism statutes to alleged conduct involving Nigerian officials before a U.S. federal court.
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