The IPOB members were allegedly killed during protests in the wake of arrest and detention of its leader, Mazi Nnamdi Kanu.
The suit is grounded on two muscular United States’ statutes; the Alien Tort Claims Act (ATCA or ATS – the Alien Tort Statute); and the Torture Victims Protection Act (TVPA).
Both laws have extra-territorial reach, meaning that they allow US federal courts to assert long-arm jurisdiction that extends beyond the borders of America.
In a statement, IPOB’s Media and Publicity Secretary, Emma Powerful said: “Beyond the latest processes, and at the ensuing trial, Buratai, Ikpeazu, Obiano and others will be required to personally appear before the US court to testify under oath and probing cross-examination that will dwell on the details of the IPOB killings and the complicity of other unnamed Nigerian officials”.
“At Page 4 of the 35-page Motion obtained by IPOB, our lawyers stated that “Despite an overture by the Government of Nigeria, the United States Department of State has refrained from suggesting any Defendant is immune from Plaintiffs’ TVPA claims under federal common law or otherwise. Neither has the State Department suggested that any Defendant is a head of state in Nigeria”.
“The counter Motion was necessitated by a motion filed by defence lawyers to dismiss the suit based on grounds that included the act of state doctrine, lack of jurisdiction and sovereign immunity. Dr Bruce Fein and associates, lawyers to IPOB argued in-opposite that such defenses are not allowed under the Statutes upon which the suit was brought”.
“IPOB’s counsel also argued that defence Motions are questionable because the defense lawyers are, before the court, fighting amongst themselves as to who should be recognized to represent the defendants. Abia state governor Okezie Ikpeazu and Willie Obiano of Anambra State hired two law firms each and both sets of lawyers were fighting as to who will represent them in court”
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