Aaebo-Akhan v. Akhan
CourtCourt of Appeals for the Tenth Circuit
Date FiledNovember 4, 2026
Docket26-3009
StatusUnpublished
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Full Opinion
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FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT November 4, 2026
_________________________________
Christopher M. Wolpert
Clerk of Court
AKOSUA AAEBO-AKHAN,
Plaintiff - Appellant,
v. No. 26-3009
(D.C. No. 2:25-CV-02500-JWB-ADM)
KWESI AKHAN; INTERNAL REVENUE (D. Kan.)
SERVICE; CANAAN WORSHIP
CENTER; UNITED STATES
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT; JOURNEY
CHURCH INTERNATIONAL,
Defendants - Appellees.
_________________________________
ORDER AND JUDGMENT *
_________________________________
Before HOLMES, Chief Judge, PHILLIPS, and MORITZ, Circuit Judges.
_________________________________
Plaintiff Akosua Aaebo-Akhan, appearing pro se, 1 appeals from the district
court’s dismissal of her complaint against defendants Kwesi Akhan, Internal Revenue
After examining the briefs and appellate record, this panel has determined
*
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
We liberally construe Ms. Aaebo-Akhan’s pro se filings, but we do not act as
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her advocate. Garrett v. Selby Connor Maddux & Janner, 425 F.3d 836, 840
(10th Cir. 2005).
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Service (IRS), Canaan Worship Center (Canaan), United States Department of
Housing and Urban Development (HUD), and Journey Church International
(Journey). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the judgment
of the district court.
I. BACKGROUND
Ms. Aaebo-Akhan’s complaint asserts she was a lifelong victim of sex and
human trafficking who “was involuntarily impregnated via in vitro fertilization using
the pilfered sperm of defendant Kwesi Akhan.” R., vol. I at 19-20. The complaint
alleges she filed paternity and child support actions against Mr. Akhan in several
states, including Kansas, but those actions were all unsuccessful. According to the
complaint, Mr. Akhan defamed Ms. Aaebo-Akhan, and took steps to have her
wrongfully criminally prosecuted, misdiagnosed as incompetent, and civilly
committed, resulting in her homelessness and poverty. Id. at 22. The complaint
seeks damages from Mr. Akhan for child support arrears, defamation and malicious
prosecution, and punitive damages.
The complaint also alleges that defendants Canaan and Journey owed Ms.
Aaebo-Akhan a “full refund of all forced donations to their organizations” because
“the pastors and first ladies of both institutions were/are sex [and] human traffickers”
who raped, sodomized, and leased her “for both money [and] their personal
pleasure.” Id. at 24-25. Further, the complaint alleges that these two defendants
“fraudulently solicit[ed] funds for alleged religions [and] religious beliefs that are
solely based upon deified fictional characters” and also misappropriated “intellectual
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property” that Ms. Aaebo-Akhan “created . . . while she was a victim of sex [and]
human trafficking.” Id. at 25.
As for defendant IRS, the complaint alleges that Ms. Aaebo-Akhan does not
owe taxes “because she has only earned income on her forced labor throughout . . .
her life” and that “income . . . was solely controlled by sex [and] human traffickers in
every instance.” Id. Nevertheless, Ms. Aebo-Akhan seeks a “full refund, plus
interest, of all local, state, [and] federal taxes” assessed on her forced labor from
1992 to 2025. Id. at 26.
Regarding defendant HUD, the complaint alleges that the agency “refused to
process” Ms. Aebo-Akhan’s “countless attempts to appeal . . . the cancellation of her
Section 8 application voucher status.” Id. Further, the complaint alleges that her
traffickers “prevent[ed] her from submitting her final required verification
documents” to HUD “by the scheduled deadline” and thereby prevented her from
escaping their trafficking. Id. The complaint seeks monetary restitution and punitive
damages for negligence and discrimination by HUD, as well as the “reinstatement of
her final approved Section 8 application voucher status.” Id.
After screening the complaint under 28 U.S.C. § 1915(e)(2)(B), the magistrate
judge recommended dismissal. The court found subject matter jurisdiction lacking
under the Rooker-Feldman doctrine for Ms. Aebo-Akhan’s claims against Mr. Akhan
concerning her previous unsuccessful court proceedings. 2 Id. at 118. Alternatively,
See Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923); D.C. Ct. of Appeals v.
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Feldman, 460 U.S. 462 (1983).
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the magistrate judge concluded that even if it had jurisdiction over the defamation or
malicious prosecution claims, it would dismiss those claims for failure to state a
claim.
The magistrate judge found the claims against Canaan and Journey deficient
based on the complaint’s failure to either specify the defendants’ alleged fraudulent
solicitations or the actions Ms. Aaebo-Akhan took in reliance on those solicitations.
Further, the complaint failed to identify the intellectual property that Canaan and
Journey allegedly misappropriated.
The magistrate judge also found the complaint failed to state a cognizable
claim against the IRS or HUD. And the court noted that Ms. Aaebo-Akhan failed to
point to any statute waiving sovereign immunity on her claim against these agencies,
and likewise failed to assert any basis for her money damages claim against these
defendants.
After Ms. Aaebo-Akhan objected to the report and recommendation, the
district court overruled her objections, adopting the report and recommendation, and
dismissing the complaint.
II. DISCUSSION
We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure
to state a claim. Kay v. Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007). In doing so,
“[w]e apply the same standard of review . . . that we employ for Federal Rule of Civil
Procedure 12(b)(6) motions to dismiss for failure to state a claim” Id. The complaint
must allege “enough facts to state a claim to relief that is plausible on its face.” Bell
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Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). We accept the well-pleaded factual
allegations in the complaint as true and view them in the light most favorable to the
plaintiff, Johnson v. Reyna, 57 F.4th 769, 774 (10th Cir. 2023), but we do not accept
any legal conclusion as true and we reject “mere labels and conclusions,” Morphew v.
Chaffee Cnty., Colo., 172 F.4th 802, 813 (10th Cir. 2026) (internal quotation marks
omitted).
Turning first to Ms. Aaebo-Akhan’s claims against Mr. Akhan, she argues that
her “intellectual disability is/was the greatest contributing factor” to the negative
outcomes of the multiple state court cases she filed against Mr. Akhan. Aplt. Br.
at 12. But that argument only supports the conclusion that Ms. Aaebo-Akhan was
effectively seeking federal review of those state court judgments. Thus, the district
court properly abstained under Rooker-Feldman from exercising jurisdiction over her
claims against Mr. Akhan. See Johnson v. De Grandy, 512 U.S. 997, 1005-06 (1994)
(noting that under the “Rooker/Feldman abstention doctrine, . . . a party losing in
state court is barred from seeking what in substance would be appellate review of the
state court judgment in a United States district court, based on the losing party’s
claim that the state court judgment itself violates the loser’s federal rights”).
Ms. Aaebo-Akhan also argues, in apparent reference to Mr. Akhan, that she is
“reasserting her paternity testing and child support claims in federal court under
TVPRA,” i.e., the Trafficking Victims Protection Reauthorization Act. Aplt. Br.
at 25. The TVPRA does authorize sex-trafficking victims to bring private causes of
action against the perpetrators of those crimes, see 18 U.S.C. § 1595(a). But Ms.
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Aaebo-Akhan didn’t assert any such claim in the district court and so she can’t do so
on appeal. See Lyons v. Jefferson Bank & Tr., 994 F.2d 716, 722 (10th Cir. 1993)
(noting the “principle that issues not passed upon below will not be considered on
appeal”).
As for defendants Canaan and Journey, Ms. Aaebo-Akhan argues that in light
of the “crimes [committed] against [her] by Canaan . . . and Journey,” they should be
“legally categorize[d] . . . as Racketeer Influenced and Corrupt Organizations.” Aplt.
Br. at 21. The RICO statute does provide for a civil cause of action. See 18 U.S.C.
§ 1964(c). But, again, Ms. Aaebo-Akhan failed to assert any such claim in the
district court and, as a result, we won’t consider this argument on appeal. See Lyons,
994 F.2d at 722. And to the extent that Ms. Aebo-Akhan challenges the district
court’s dismissal of the allegations against these defendants that were included in the
complaint, we agree with the district court that those allegations were conclusory and
failed to allege any viable claim.
Ms. Aaebo-Akhan presents a new theory on appeal against the IRS. She says
she wasn’t “seeking a ‘full refund of all taxes,’” but rather was seeking “to ensure
[the] IRS was ordered to monetary[ily] compensate [her] an amount that at least
equaled the amount the IRS refunded to sex and human traffickers . . . from the
crimes they committed against” her. Id. at 30-31 (boldface omitted). Because this
theory was not presented to or resolved by the district court, we won’t consider it on
appeal. See Lyons, 994 F.2d at 722. And, in any event, the district court properly
dismissed her claims against the IRS for lack of subject matter jurisdiction. See 26
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U.S.C. § 7422(a) (requiring “a claim for refund or credit” to be “duly filed with the
Secretary” prior to any civil suit being filed); 26 U.S.C. § 7433(d)(1) (“A judgment
for damages shall not be awarded . . . unless . . . the plaintiff has exhausted the
administrative remedies available to such plaintiff within the Internal Revenue
Service”).
Finally, Ms. Aaebo-Akhan “reiterates her factual allegations” against HUD
and asserts she “is seeking compensatory and punitive damages against HUD for
discrimination claims, emotional distress claims, . . . severe negligence, equitable
claims,” and “TVPRA claims.” Aplt. Br. at 32 (capitalization and boldface omitted).
The Fair Housing Act, however, confers no cause of action against HUD, see Godwin
v. Sec’y of Hous. & Urb. Dev., 356 F.3d 310, 312 (D.C. Cir. 2004), and Ms. Aaebo-
Akhan did not assert a TVPRA claim against HUD in her complaint.
III. CONCLUSION
We affirm the judgment of the district court, grant Ms. Aaebo-Akhan’s motion
for leave to proceed in forma pauperis, and deny her remaining motions.
Entered for the Court
Nancy L. Moritz
Circuit Judge
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