A Washington-based lobbying and political advisory firm, Von Batten-Montague-York, L.C., has announced plans to commence a $36 million federal lawsuit against President Bola Ahmed Tinubu and Nigeria’s Ambassador to South Africa, Femi Fani-Kayode, over alleged threats against the firm’s principal, Dr Karl Von Batten.
The firm announced on Wednesday that it had been cleared and authorised to proceed with the action and intended to file the case before the United States District Court for the District of Columbia next week. The proposed suit has not yet been filed or determined by the court.
According to the firm, the case arises from what it described as threats by Fani-Kayode to kidnap and physically harm Von Batten. The firm alleges that the threats were connected to an organised criminal conspiracy involving the Nigerian Presidency.
The allegations have not been established by a court, and Fani-Kayode has denied threatening to kidnap or kill Von Batten.
Dispute over Tinubu-related US records
The proposed lawsuit is the latest development in an increasingly public dispute between Von Batten and supporters of President Tinubu.
In recent months, the lobbying firm has been seeking access to United States government records concerning historical drug-trafficking allegations and a 1993 civil forfeiture case involving funds associated with Tinubu. The firm has also said it provided documents relating to the allegations to officials in the administration of US President Donald Trump and members of Congress.
Fani-Kayode has repeatedly challenged Von Batten to substantiate its claims concerning Tinubu. In a September 22 article, he denied threatening the lobbyist and argued that the material being cited by Von Batten did not constitute a threat to his life or liberty.
Fani-Kayode said he was not involved in kidnapping or killing people and maintained that he would continue to challenge what he considers false allegations against Tinubu and the Nigerian government through lawful means.
Legal battle over presidential immunity
A significant aspect of the proposed litigation is its intended challenge to immunity protections that may apply to a sitting foreign head of state.
The lobbying firm said its case against Tinubu would test the application and limits of the United States Foreign Sovereign Immunities Act (FSIA) and head-of-state immunity while Tinubu remains President of Nigeria.
It said its complaint would invoke District of Columbia tort law, the FSIA, the Justice Against Sponsors of Terrorism Act (JASTA) and the Anti-Terrorism Act (ATA).
The firm specifically cited 28 U.S.C. §1605B, which concerns certain claims arising from international terrorism against foreign states, and 18 U.S.C. §§2331 and 2333, provisions relating to the definition of international terrorism and civil remedies under the federal Anti-Terrorism Act.
The precise legal viability of those claims, including whether the statutory exceptions to sovereign immunity apply to the facts alleged, would ultimately be matters for the US courts to determine.
Immigration authorities may also be approached
Beyond the proposed lawsuit, the firm said it plans to contact immigration and foreign-policy authorities in the United States, United Kingdom and European Union.
It said it would raise the alleged threats with US, UK and EU authorities and ask them to consider whether Fani-Kayode’s travel or visa status warrants review.
The firm referenced provisions of US immigration law concerning terrorism-related grounds of inadmissibility and visa revocation. It also acknowledged that any decision regarding immigration or visa status would be made by the relevant government authorities.
Fani-Kayode rejects threat allegation
Fani-Kayode has strongly rejected the allegation that he threatened Von Batten with kidnapping or physical harm.
In his September 22 response, he referred to an X post that Von Batten allegedly interpreted as a threat and argued that the post did not threaten his life or liberty. Fani-Kayode maintained that his exchanges with Von Batten were part of his response to what he described as false and defamatory claims concerning President Tinubu.
The dispute has therefore evolved from a political and public-relations confrontation over historical US records into a potential transnational legal battle involving a sitting Nigerian president, a senior Nigerian diplomat and a US-based lobbying firm.
What happens next
If the firm files the complaint as announced, the first major questions will include whether the US District Court for the District of Columbia has jurisdiction, whether the claims are legally actionable under the statutes cited, and whether sovereign or head-of-state immunity prevents some or all of the claims from proceeding.
The court will also have to consider the evidence supporting the alleged threats and any connection alleged between Fani-Kayode’s statements and the Nigerian Presidency.
For now, the $36 million figure represents the amount the lobbying firm says it intends to seek; it is not a court-awarded sum. Likewise, the allegations of kidnapping threats and an organised conspiracy remain allegations unless established through judicial proceedings.
The proposed lawsuit comes as the political dispute surrounding Tinubu’s historical US records continues to intensify ahead of Nigeria’s 2027 presidential election.
