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US Court Acknowlwdges Obiano’s Status-based Immunity, Quashes Case Against Former Governor

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By Eric Elezuo

In a landmark decision via a Certified True Copy (CTC) exclusively made available to The Boss, a United States of Court of Appeals for the Fifth Circuit for the Southern District of Texas, with the reference code, USDC No 4:23-CV-813, has quashed a court brought against a former governor of Anambra State, Mr. Willie Obiano.

Obiano was accused by five Plaintiffs, simply identified as Jane Does 1-5, who claimed that their husbands were killed under Obiano’s watch in 2020.

The CTC noted thus: “Plaintiffs sued a former Nigerian governor under the Torture Victim Protection Act of 1991 (“TVPA”), claiming he ordered military forces to
shoot and kill their husbands at rallies in Nigeria. The district court dismissed
the suit based on the common-law principle of foreign official immunity. On
appeal, the only argument plaintiffs properly present is that the TVPA
implicitly abrogates that immunity. We reject that argument and affirm.”

Further, in its concluding statement, the court held as follows: “Plaintiffs’ response is unconvincing. With no elaboration, they argue only that the availability of foreign official immunity “means the [TVPA]
was dead on arrival.” We disagree. One could have made the same argument
with respect to § 1983 and common-law immunities, which have long been
recognized by courts without rendering that statute a dead letter.

“Furthermore, as the Ninth Circuit has explained, a foreign official would not
enjoy immunity if his government disavowed his conduct, something
“Congress expected foreign states would generally” do. Doğan, 932 F.3d at
895; see also, e.g., Hilao v. Marcos, 25 F.3d 1467, 1472 (9th Cir. 1994) (pre￾TVPA suit against former Philippine dictator Ferdinand Marcos allowed to proceed because the Philippine government expressly denied that Marcos’s conduct had been performed in an official capacity).

“In sum, the district court correctly ruled that the TVPA does not implicitly waive foreign official immunity.

“The district court’s judgment is AFFIRMED.”

By this ruling, Obiano, who now lives in Texas since he left office in 2022, is exonerated from the case as a result of his status-based immunity, and the fact that “the TVPA does not abrogate foreign official immunity.”

Below is a copy of the court judgment:

24-20075-2025-05-29 (1)

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Supreme Court Fixes April 22 for Hearing in ADC Leadership Crisis

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The Supreme Court has scheduled hearing for April 22 in the appeal filed by the National Chairman of the African Democratic Congress (ADC), Senator David Mark, in relation to the leadership dispute in the party.

Mark’s appeal is against the March 12 judgment of the Court of Appeal, which dismissed his appeal against the September 4, 2025 ruling by Justice Emeka Nwite of the Federal High Court in Abuja refusing to grant some injunctive reliefs contained in an ex-parte application filed by a chieftain of the party, Nafiu Bala Gombe.

A five-member panel of the Supreme Court, led by Justice Mohammed Garba chose the date on Tuesday after granting accelerated hearing in the appeal marked:  SC/CV/180/2026.

The court ordered Mark’s lawyer, Jibril Okutepa (SAN) to file the appellant’s brief and serve on Wednesday.

It ordered the respondents to each file and serve on the appellant, a respondent’s brief within three days of being served with the appellant’s brief.

The appellant, according to the court, is to file a reply brief, if needs be, within one day of being served with the respondents’ briefs.

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Amid Denials, ADC Reportedly Secures Rainbow Event Centre As Venue for National Convention

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Baring any last minute change, the leadership of the African Democratic Congress (ADC) under Senator David Mark and Rauf Aregbesola as National chairman and National Secretary respectively will hold the party’s National convention at the National Rainbow Event Centre in Garki on Tuesday, 14 April 2026.

The African Democratic Congress (ADC)  has being denied two venues without any cogent reasons despite early arrangements, according to sources.

First, it was alleged that the Abuja Transcorp Hilton Hotels, which was initially approached, turned down the ADC request to use it’s facility.

The ADC, having sensed sabotage, has kept the Rainbow Event Center under rap as it’s definite venue.

The last National Executive Committee (NEC) of the party was held at the same venue.

Located adjacent the Nigerian Police Force Headquarters, the event centre will host the second NEC meeting of the ADC and it’s forthcoming national convention.

According to The Guardian’ report, the ADC leadership has communicated the venue to state chapters with the caveat not to escalate it.

The ADC is in a battle of survival against the Independent National Electoral Commission (INEC) and has approached the Supreme Court for intervention.

The INEC national chairman Prof Joash Amupitan has suspended recognition of the David Mark-led ADC rendering a leadership vacuum in the party.

INEC said it’s decision was on the basis of an Appeal Court pronouncement that ordered statusquo ante-bellum be maintained.

Sources said the ADC has officially written the Inspector General of Police (IGP) Olatunji Disu for police protection, the Director of State Services and the Comptroller of Civil Defence Corps.

Reports say that why the venue is being quietly decorated moderately for the event, the ADC intends to fully move in the early hours of Tuesday.

The Guardian

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Shettima Lacks Respect, I Won’t Engage Him, Atiku Responds to VP’s Challenge

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Former Vice President, Atiku Abubakar, has hit back at incumbent Vice President Kashim Shettima over the latter’s poser over achievements in office, saying he won’t take the challenge because Shettima was disrespectful.

Shettima had reportedly challenged Atiku to provide details of eight projects he executed for the development of Northern Nigeria during his tenure as vice president for eight years, as well as name eight individuals he empowered while in office.

But, speaking in an interview with GTA Hausa podcast, Atiku said he would not engage the vice president on the matter.

“I will not respond to Kashim Shettima because he is disrespectful. I am older than him and I have more experience in governance than he does, so I will not respond to him,” he said.

The former vice president further argued that cultural values in Northern Nigeria discourage younger individuals from publicly challenging their elders in such a manner.

“It is not part of our tradition in the North to disrespect elders. You cannot look at someone who is above you in both age and accomplishments and start taunting him. That is not our tradition, so I won’t engage with him,” Atiku emphasised.

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