By Opeyemi Adelakun
A United States law firm representing former Vice President Atiku Abubakar has announced plans to file a $36 million federal lawsuit against President Bola Tinubu and former Minister of Aviation, Femi Fani-Kayode, over alleged threats of kidnapping and physical harm.
Von Batten Montague-York disclosed this in a statement on Wednesday, saying it had been cleared and authorised to proceed with the case before the United States District Court for the District of Columbia.
The firm alleged that Fani-Kayode threatened Dr Von Batten with kidnapping and physical harm as part of what it described as 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 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,” the statement read.
The firm said the case against Tinubu would test the limits of the Foreign Sovereign Immunities Act and head-of-state immunity while he remains president.
It said the complaint would proceed under 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 statement also cited provisions including 28 U.S.C. § 1605B and 18 U.S.C. §§ 2331 and 2333, which the firm said address specified international-terrorism claims against foreign states and provide civil remedies to eligible US nationals.
Von Batten Montague-York said it intended to file the lawsuit the following week.
It also announced plans to contact US, UK and European Union immigration authorities over the alleged threats and whether Fani-Kayode’s travel or visa status should be reviewed.
“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 said.
The firm added that US law provides terrorism-related grounds for inadmissibility and allows visa revocation in specified circumstances, citing sections of the Immigration and Nationality Act.
It, however, acknowledged that any decision concerning Fani-Kayode’s immigration or visa status would be made by the appropriate authorities.
The allegations and proposed legal action were announced by the law firm. The statement did not establish that a court had accepted the claims or made findings against either Tinubu or Fani-Kayode.
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