US firm says it has clearance to file $36m lawsuit against Tinubu, Fani-Kayode over alleged threats

VIA VON BATTEN-MATTEN-YORK ON X:

Update: 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 to kidnap and physically harm Dr. Von Batten, made by Ambassador Fani-Kayode as part of an organized 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.

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.

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