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3 Key Things You Need To Know As US Court Gives Chicago State University 48 Hours To Release Tinubu’s Academic Records
3 Key Things You Need To Know As US Court Gives Chicago State University 48 Hours To Release Tinubu’s Academic Records
The United States District Court in Northern Illinois has instructed Chicago State University (CSU) to provide President Bola Tinubu’s academic records to Atiku Abubakar, an opposition candidate in Nigeria’s February presidential election, within 48 hours, starting from Saturday.
In a ruling issued on Saturday, Judge Nancy Maldonado dismissed Mr. Tinubu’s objection to the decision made on September 20th by Magistrate Judge Jeffery Gilbert. The judge fully affirmed Mr. Gilbert’s ruling, directing CSU to release Mr. Tinubu’s academic records as requested by Atiku, emphasizing Atiku’s right to access the records.
The court granted Mr. Abubakar’s application under 28 U.S.C. § 1782, stating, “For the reasons stated in the Court’s accompanying Memorandum Opinion and Order, the Court overrules President Tinubu’s objections and adopts Judge Gilbert’s recommended decision in full.”
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The court ordered CSU to complete all necessary filings for the release by 5 p.m. on Tuesday.
Respondent CSU was directed to produce all relevant and non-privileged documents in response to Requests for Production Nos. 1 through 4 (as narrowed by Judge Gilbert and adopted by the District Court in its opinion) in Mr. Abubakar’s subpoena, by 12:00 p.m. (noon) CDT, on Monday, October 2, 2023.
The Rule 30(b)(6) deposition of CSU’s corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023,” the court ordered.
Atiku had requested these documents for use in Nigerian courts to support his assertion that Mr. Tinubu forged a diploma certificate he claimed to have obtained from CSU in 1979, which he submitted to Nigeria’s electoral body, INEC, for the 2023 presidential election. Atiku argued that this is crucial to Mr. Tinubu’s eligibility to contest the last presidential election.
Although Atiku’s case against Mr. Tinubu was unsuccessful at the Presidential Election Petition Court in early September, he intends to reintroduce the issue with the CSU documents in his appeal to the Nigerian Supreme Court.
Atiku informed the US district court that he has until October 5th to file the CSU documents against Mr. Tinubu at the Supreme Court in Nigeria.
Mr. Tinubu strongly opposed the release of the documents to Atiku, contending that “the Nigerian election proceedings and the Nigerian courts” had explicitly rejected the documents Atiku sought to obtain and present in his case aimed at overturning the results of the February 25th presidential election. Additionally, Mr. Tinubu argued that Atiku’s request was overly intrusive, as it would allow Atiku to conduct an extensive investigation into Mr. Tinubu’s private, confidential, and protected educational records.
Court order not confirmation of Atiku’s forgery allegation
However, in her dismissal of Mr. Tinubu’s objection on Saturday, Ms. Maldonado clarified that she was simply upholding Atiku’s entitlement to access the CSU documents.
She did not pass judgment on the validity of Atiku’s claims against the Nigerian president or his statements regarding the legitimacy of the country’s presidential election.
“In reaching this conclusion, the Court emphasises that it is expressing no view on the merits of Mr Abubakar’s underlying claims regarding President Tinubu or his graduation from CSU, or on the validity of the Nigerian election.
“Nor is the Court taking any position on what any of the documents or testimony from CSU may or may not ultimately show. The Court simply finds, on the narrow question before it, that Mr Abubakar is entitled to the production of documents and testimony that he seeks from CSU,” a summary of the judgement read in part.
‘No more order of stay’
Due to the limited time Atiku has to submit the CSU documents to Nigeria’s Supreme Court, Ms. Maldonado advised Mr. Tinubu against attempting to seek a stay of the order, as such a request would be rejected.
She indicated that his sole recourse would be to pursue an application for a stay of execution at the US Court of Appeals.
“Given the October 5, 2023 filing deadline before the Supreme Court of Nigeria, the Court will not extend or modify these deadlines.
“Further, the Court notes that at the recent emergency hearing, the possibility of a stay pending an appeal to the Seventh Circuit Court of Appeals was raised. The Court cautions President Tinubu that any request for a stay before this Court will be denied, as the Court finds any stay impracticable in light of the fast-approaching Supreme Court of Nigeria deadlines.
“President Tinubu is, of course, free to request a stay directly from the Seventh Circuit should he file any appeal. Judgment is entered in favour of Atiku Abubakar.”
As of Sunday morning, it was not clear if Mr Tinubu had filed an appeal at the US Court of Appeals.
Tinubu’s CSU documents ordered for release
The court ordered CSU to release four sets of documents relating to Mr Tinubu as requested by Atiku.
They are true and correct copies of:
*An exemplar of a Chicago State University diploma issued to President Tinubu in 1979;
*Mr Tinubu’s diploma issued in 1979;
*Any exemplar of a Chicago State University diploma that “contains the same font, seal, signatures, and wording as contained in Exhibit C to the First Liu Declaration, which purports to be a CSU diploma issued to Mr Tinubu on or about June 22, 1979″; and
* The CSU documents that were certified and produced by Jamar Orr (an associate general counsel at CSU) as well as communications relating to these documents.
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