By Our Reporter
A group led by Von-Batten has announced that its Motion for Leave to File a Brief Amicus Curiae and Supplemental Notice of Evidentiary Exhibits have been accepted and docketed by the United States District Court for the District of Columbia.
The group disclosed this in a statement posted on September 8, saying both submissions had been formally entered on the federal court docket in Greenspan v. Executive Office for U.S. Attorneys et al., Case No. 1:23-cv-01816-BAH.
According to the statement, the filings are now before the court for consideration, regardless of whether President Bola Tinubu opposes the application.
The group described the development as a “major victory” for both Americans and Nigerians, arguing that its objective was to ensure that the court was made aware of public comments concerning the case by the Nigerian Presidency and senior government officials.
It alleged that the Nigerian Presidency and other officials had publicly discussed the controversy while President Tinubu was simultaneously seeking privacy protection before the US court.
The statement further argued that parties should not seek privacy protections in a federal court while publicly addressing the same controversy and criticising individuals advocating disclosure.
Von-Batten said the significance of the development was that, irrespective of whether the court eventually grants or rejects the Motion for Leave, the submissions would remain part of the official court record.
The group said the filings contain evidence relating to public statements allegedly made by President Tinubu’s officials and relatives concerning the underlying controversy, as well as what it described as public mischaracterisations of facts relating to the case.
It added that interested persons could access the filings through the same link previously provided to FBI and DEA records, with the court submissions reportedly located in a folder titled “Amicus Curiae.”
The development does not, however, mean that the court has granted the substantive relief sought by the applicants. Rather, the group said, the immediate development is that its motion and accompanying evidentiary materials have been officially received and placed before the court for consideration.