The United States Court of Appeal has fixed the 13th of January, 2023 for physical oral argument in the case with Appeal No: 22-1253 between Ikemefuna Stephen Nwoye v. Barack Hussein Obama and Michelle LaVaughan Robinson Obama.

This is an appeal from the final order of the district court dismissing Civil Action No 22 CV 01791.

At the Court of First Instance (District Court), the Defendants refused to enter an appearance or defend the litigation. The District Court sua sponte dismissed the Plaintiff’s Complaint by issuing an Order of Dismissal dated May 29, 2022. The ground of dismissal was that the Defendants enjoy absolute immunity from damages liability predicated on official acts, including the ones at issue in this lawsuit. The District Court had subject matter jurisdiction over the action pursuant to 28 U.S.C § 1332(a) (diversity) because Plaintiff and Defendants are citizens of different states and countries, and the amount in controversy exceeds the sum or value of US$75,000.

On June 7, 2022, Mr. Ikemefuna Stephen Nwoye, the Appellant filed a Notice of Appeal against the District Court’s May 29, 2022, decision. The appeal is timely pursuant to Rule 4(a) (1) of the Federal Rules of Appellate Procedure because the Notice of Appeal in this civil case was filed within 30 days of the district court’s dispositive order. This Court has jurisdiction pursuant to 28 U.S.C § 1291 because the May 29, 2022 decision is a final order or judgment that disposes of, all parties’ claims in Civil Action No. 22 CV 01791.

STATEMENT OF FACTS
The facts upon which this civil action now an appeal before this Honorable Court, are premised are simple and straightforward. The Plaintiff/ Appellant’s claims are against Barack Hussein Obama and Michelle LaVaughn Robinson Obama (individually ‘Mr. Obama’ and ‘Mrs. Obama’ collectively the ‘Obamas’) the Defendants.

The Obamas acting through intermediaries the law firm of Messrs Sidley Austin LLP recruited Mr. I.S. Nwoye and other LL.M students from New York University as Externs into the law firm’s Africa-Asia Pro Bono Program. In addition to the Pro Bono Program. From the months of October 2013 to May 2014, the Plaintiff collaborated with other members of the team led by Mr. Scott Andersen (Managing Partner, International Trade and Finance based in the Geneva Office), Mr. Neil Horner, Mr. Adeolu Sunday; Mr. Nelson Cory and the then Program Director Ronalee Biasca. Precisely, the United States Attorneys and Nigerian Legal Practitioners were responsible for representing several Nigerian agricultural cooperatives in negotiations with private sector investors for investments in agricultural processing facilities supported by the World Trade Organization Standards and Trade Development Facility.

In addition, Mr. I.S. Nwoye worked on the Legal Framework for Land Tenure in Some African Countries providing legal advisory services which amongst other covered titling or land registration system(s) in place, the government body that administers land titling and/or registration, applicable legal scheme and law, ownership, and transfer of land etc.

Further, Mr. Horner based and working in Sidley Austin LLP’s New York office personally and specifically approached Mr. I.S. Nwoye to offer consultancy services on the First Defendant’s Administration US$7Billion Power Africa Initiative and Global Entrepreneurship Summit (2015) in Nairobi, Kenya on utmost confidentiality and a strict oral basis. It is nationally and internationally undisputed that the Power Africa Initiative and the 2015 Global Entrepreneurship Summit in Nairobi, Kenya remain the most prominent and significant engagements of Mr. Obama during his presidency with the Africa Continent for which he received enormous accolades, commendations, and recognitions.

According to Mr. Horner, there are concerns and worries by the First Defendant and generally in the then administration about systemic corruption in Africa and its impact on the US$7Billion Power Africa Initiative aimed at increasing access to electricity and spurring economic growth in Sub-Saharan Africa. Further that these two projects (i.e., the Power Africa Initiative and 2015 Global Entrepreneurship Summit) are topmost on the President’s to-do list for Africa before he leaves office in 2017.

Going by the Term of Reference, Mr. Horner sought to know if there is any Nigerian businessperson from the private sector that readily comes to mind that is not active in the political arena in Nigeria, that can be brought in as the major private sector player for the 2015 Global Entrepreneurship Summit, Nairobi, Kenya that Mr. Obama will be actively involved in. The Plaintiff mentioned a few names and provided a summary profile of their business and private sector interests, especially in the financial services and major economic sectors. This conversation led to the Plaintiff and Mr. Neil Horner agreeing on Mr. Tony Onyemaechi Elumelu. The decision on Mr. Elumelu was reached after considering his involvement in the Power Africa Initiative through his proprietary investment company Heirs Holdings Limited.

After the discussions, Mr. Horner thanked Mr. I.S. Nwoye for his invaluable suggestion and promised to communicate this information and his continued invaluable role to his Sidley team and the Obamas. During several months in 2014, Mr. I.S. Nwoye and Mr. Horner sometime met physically and sometimes over a telephone call, intermittently discussed the ongoing pro bono project, the 2015 Global Entrepreneurship Summit (‘GES’) and the Power Africa Initiative.

Mr. I.S. Nwoye’s reasonable and legitimate expectations were that the Obamas would be forthcoming with an invitation for a physical meeting or some form of compensation in the future, especially after the successful conduct of the 2015 GES. Mr. I.S. Nwoye moved to Washington DC in June 2014 to begin the three (3) months NYU International Finance and Development Fellowship (IFD)/temporary consultancy agreement at the Vice Presidency Legal of the World Bank Group led by the then Vice President Ms. Anne-Marie Leroy. Mr. Ferenc Molnar, Chief Counsel of the Legal Operations Policy of the World Bank as his supervisor and he worked directly under the Governance and Anti-corruption team led by Mr. Frank Anthony Fariello.

Despite the successful launching and/or completion of the various projects that Mr. I.S. Nwoye worked on the side, particularly the Power Africa Initiative and the 2015 Global Entrepreneurship Summit, wherein about US$100milion was allocated for entrepreneurs in Africa, the Obamas never fulfilled their promise of a job offer with Messrs. Sidley Austin LLP and/or payment for the consultancy services rendered by Mr. I.S. Nwoye based on the prevailing commercial percentage rate or even on a quantum meruit basis. The Obamas have since 2017 left office as President and First Lady of the United States of America, respectively.
Simply stated, Mr. I.S. Nwoye seeks to make the Defendants honour the agreements with him, ensure that he Mr. I.S. Nwoye gets full and proper recognition for work done and that he is paid that which is due to him.

Read the full hearing notice below

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Court of Appeals, 2nd Circuit
Notice of Docket Activity

The following transaction was filed on 12/05/2022

Case Name: Nwoye v. Obama
Case Number: 22-1253

Docket Text:
CASE CALENDARING, for argument on 01/13/2023, B Panel, SET.[3430969] [22-1253]

Notice will be electronically mailed to:

Ikemefuna Stephen Nwoye, -: [email protected], [email protected]
Benjamin H. Torrance, Assistant U.S. Attorney: [email protected], [email protected], [email protected]