Von Batten Montague-York, a United States-based law firm representing former Nigerian Vice President Atiku Abubakar, has announced that it has been authorized to file a $36 million federal lawsuit in the United States District Court for the District of Columbia.

The legal action targets Nigerian President Bola Tinubu and former Minister of Aviation, Femi Fani-Kayode. According to the firm, the lawsuit stems from alleged threats of kidnapping and physical harm directed at Dr. Von Batten by Fani-Kayode, which the firm describes as part of an organized conspiracy linked to the Nigerian presidency.

The case is expected to examine complex legal questions surrounding head-of-state immunity and the Foreign Sovereign Immunities Act (FSIA) while Tinubu remains in office. The complaint will be brought under D.C. tort law, the FSIA, the Justice Against Sponsors of Terrorism Act (JASTA), and the Anti-Terrorism Act (ATA). Specifically, the filings will reference 28 U.S.C. § 1605B which covers international terrorism claims against foreign states and 18 U.S.C. §§ 2331 and 2333, which provide civil remedies for qualifying U.S. nationals.

Following the formal filing of the lawsuit, the firm plans to coordinate with immigration authorities in the United States, United Kingdom, and European Union. They intend to request a review of Fani-Kayode's travel privileges and visa status in light of the alleged extrajudicial threats. Potential reviews would be evaluated under provisions such as the Immigration and Nationality Act (INA) § 212(a)(3)(B) regarding terrorism-related inadmissibility and INA § 221(i) concerning visa revocation, leaving final determinations to the discretion of relevant government authorities.