Williams v. Federal Government of Nigeria
24-2329
2d Cir.Apr 9, 2025Background
- Dr. Louis Williams obtained a default judgment in the UK against the Federal Government of Nigeria, after Nigeria failed to pay sums owed under a 1993 agreement called the Fidelity Guarantee.
- Williams sought to enforce the UK judgment in New York, initiating an action in state court, which was removed to federal court under the Foreign Sovereign Immunities Act (FSIA).
- The Nigerian government and its Attorney General moved to dismiss for lack of subject matter jurisdiction, claiming sovereign immunity under the FSIA.
- The district court found that Nigeria had explicitly waived its immunity through language in the Fidelity Guarantee and denied the motion to dismiss.
- Nigeria appealed, arguing both that no waiver existed and that a 2018 UK judgment precluded litigation of the immunity issue.
- The Second Circuit reviewed the district court's denial of immunity, an appealable collateral order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FSIA Sovereign Immunity Waiver | The Fidelity Guarantee explicitly waives Nigeria's immunity in any country's courts, including U.S. courts. | The Fidelity Guarantee does not explicitly or unambiguously waive immunity; Nigeria not a party to the agreement. | Fidelity Guarantee language constitutes an explicit waiver of immunity; waiver is clear and unambiguous. |
| Preclusive Effect of UK Judgment | The UK judgment does not determine if the U.S. court has jurisdiction under the FSIA or if immunity is waived. | The UK judgment found Nigeria was not a party to the agreement and immunity not waived, so this should preclude relitigation. | No preclusion; UK ruling addressed different issues (jurisdiction vs waiver), so federal court was not barred from finding waiver. |
Key Cases Cited
- Capital Ventures Int'l v. Republic of Argentina, 552 F.3d 289 (2d Cir. 2009) (waiver of sovereign immunity in "any court" is sufficient for FSIA purposes)
- Republic of Ecuador v. Chevron Corp., 638 F.3d 384 (2d Cir. 2011) (outlining elements of issue preclusion/collateral estoppel)
- Kensington Int'l Ltd. v. Itoua, 505 F.3d 147 (2d Cir. 2007) (court may consider evidence outside pleadings in FSIA jurisdictional analysis)