Von Batten-Montague-York says its filings seek to place evidence of public statements by Nigerian officials and relatives before the US District Court in an ongoing records dispute.

A United States-based political advisory and lobbying firm, Von Batten-Montague-York, has announced that the US District Court for the District of Columbia has officially accepted and docketed its Motion for Leave to File Brief Amicus Curiae and Supplemental Notice of Evidentiary Exhibits in an ongoing case involving records related to Nigerian President Bola Ahmed Tinubu.

The firm disclosed the development in a statement published on its verified X account, saying the filings have now been formally entered on the federal court docket and are available for the court’s consideration.

The case, Greenspan v. Executive Office for U.S. Attorneys et al., Case No. 1:23-cv-01816-BAH, involves a dispute over access to records concerning allegations and controversies surrounding Tinubu.

Von Batten-Montague-York said the acceptance of its submissions was significant because the materials contain evidence that, in its view, demonstrates that Nigerian government officials and individuals close to the President have publicly addressed the controversy while Tinubu has sought privacy protections in proceedings before the US court.

“We are happy to announce that our Motion for Leave to File Brief Amicus Curiae and Supplemental Notice of Evidentiary Exhibits have been officially accepted and docketed with the United States District Court for the District of Columbia,” the firm said.

The firm said the filings are now formally before the court regardless of whether the President or other parties oppose its request to participate in the case.

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According to the lobbying firm, its objective is to ensure that the court has access to what it describes as relevant public statements made by Nigerian officials and members of Tinubu’s family concerning the underlying controversy.

It also alleged that some of those public statements contained what it described as “mischaracterisations of facts relating to the case.”

“We are very pleased with this outcome because, regardless of whether the Court ultimately grants or denies our Motion for Leave, our submissions are now on the docket, and the Court has before it evidence concerning public statements by President Tinubu’s officials and relatives about the underlying controversy, as well as their public mischaracterisations of facts relating to the case,” the firm said.

The firm further criticised Tinubu and members of his administration over what it characterised as an inconsistency between seeking privacy protections in the US legal proceedings and publicly discussing the controversy.

“You cannot demand privacy in a U.S. federal court while publicly litigating the same controversy and attacking those advocating for disclosure,” Von Batten-Montague-York said.

The firm also thanked Tinubu, his advisers and ministers in a pointed statement, saying they had “refus[ed] to stop digging themselves into a hole.”

What the filing means

The development does not mean that the court has ruled in favour of Von Batten-Montague-York or accepted the allegations contained in its submissions.

Rather, the firm's announcement indicates that the documents have been accepted for filing and placed on the court docket. The court will still determine whether to grant the firm's request for leave to participate as an amicus curiae, or “friend of the court.”

An amicus filing allows a non-party to provide information, legal arguments or other material that the court may consider relevant to the issues before it. Acceptance of a filing does not, by itself, establish the truth of the claims or evidence presented.

The latest development therefore moves the dispute to another stage, with the court now having the firm's submissions before it for consideration.

Von Batten-Montague-York has framed the filing as an effort to advance transparency and public access to information relating to the controversy. It said the materials submitted include evidence concerning statements made publicly by Nigerian officials and relatives of the President.

The firm has previously been involved in public commentary surrounding US records and legal disputes connected to Tinubu. Its latest statement, however, focuses specifically on the federal court proceedings and the formal entry of its filings into the case docket.

The allegations referenced in the firm's statement remain subject to the judicial process, and the docketing of the submissions should not be interpreted as a finding by the court that the allegations against Tinubu or other individuals are established facts.

The US District Court for the District of Columbia will ultimately determine how the filings are treated and whether the requested relief is granted.