A United States-based lobbying and advisory firm, Von Batten Montague-York, L.C., has announced plans to file a $36 million federal lawsuit against President Bola Tinubu and former Aviation Minister Femi Fani-Kayode in the United States.
The firm, which was hired by former Vice President Atiku Abubakar, said in a statement issued on Wednesday that it has been cleared and authorised to proceed with the action at the United States District Court for the District of Columbia.
According to the statement, the suit arises from alleged threats of kidnapping and physical harm against its principal, Dr Karl Von Batten, which it attributed to Fani-Kayode.
“We have been cleared and authorized to proceed with a $36 million federal lawsuit against Nigerian President Bola Tinubu and Ambassador Femi Fani-Kayode in the United States District Court for the District of Columbia,” the firm said.
The firm alleged that the threats were made as part of what it described as an organised criminal conspiracy involving the Nigerian Presidency. None of the allegations has been established by a court, and there was no confirmed federal court filing as of Wednesday.
The firm said the proposed action against Tinubu would test the legal limits of the Foreign Sovereign Immunities Act and head-of-state immunity while he remains President of Nigeria.
It said the complaint would proceed under applicable District of Columbia tort law, the Foreign Sovereign Immunities Act, the Justice Against Sponsors of Terrorism Act and the Anti-Terrorism Act, including 28 U.S.C. section 1605B and 18 U.S.C. sections 2331 and 2333.
The firm noted that section 1605B addresses specified international terrorism claims against foreign states, while section 2333 provides a civil remedy to United States nationals who satisfy its statutory requirements. Under the Anti-Terrorism Act, the court could award treble damages, meaning the $36 million could potentially be tripled to over $100 million plus legal costs.
The lobbying firm said it expects to file the lawsuit next week. It added that after filing, it plans to engage immigration authorities in the United States, United Kingdom and European Union over the alleged extrajudicial threats.
“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 firm said.
It cited U.S. terrorism-related grounds of inadmissibility under Immigration and Nationality Act section 212(a)(3)(B) and authority for visa revocation under section 221(i), adding that any determination would be for the appropriate authorities.
The planned litigation comes amid an escalating public dispute on X between Fani-Kayode and Von Batten. The lobbyist has in recent months intensified allegations concerning Tinubu’s past dealings with U.S. drug enforcement authorities, filing Freedom of Information Act requests and related lawsuits seeking U.S. government records.
In July, the firm said it had submitted records obtained from the U.S. Department of Justice concerning the allegations to members of the Donald Trump administration, Congress and senior congressional staff.
Fani-Kayode has denied threatening to kidnap or harm Von Batten and challenged him to substantiate his allegations against Tinubu.
“For the record nobody is interested in killing or kidnapping you as you and your fake company have alleged on X,” Fani-Kayode said in response.
