Kamsi Anayo and Ojudor Fidelia
The Northern District of Illinois’ US District Court has directed Chicago State University (CSU) to furnish former vice president Atiku Abubakar, a candidate of the Peoples Democratic Party (PDP), with President Bola Ahmed Tinubu’s academic record by Monday, October 2nd.
Atiku, who contested in the recently concluded presidential election, is disputing the declaration of Tinubu of the All Progressives Congress (APC), as the winner.
Atiku’s petitions question the academic credentials of the APC Presidential Candidate. He argued that Tinubu did not graduate from Chicago State University, contrary to his claim in his academic records.
According to the recent judgment by US Judge Nancy Maldonado, Chicago State University did not object to Judge Jeffery Gilbert’s ruling to make Tinubu’s academic records public.
The court clarified that Atiku’s interest in obtaining the requested information outweighed any potential intrusion on Tinubu’s privacy regarding his academic records.
On September 23, Tinubu had appealed against the ruling of Judge Jeffrey T. Gilbert, sitting at the United States’ District Court which ordered Chicago State University (CSU) to release all relevant records pertaining him to Nigeria’s former Vice President, Atiku Abubakar.
Judge Maldonado, however overruled Tinubu’s objections to Judge Gilbert’s recommended ruling and consequently adopted the ruling in full.
In reaching this conclusion, the Court emphasized 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.”
The federal court in Chicago ruled in favor of Atiku Abubakar, granting his request and acknowledging that the former Vice President had adequately demonstrated the necessity of obtaining the records.
Maldonado affirmed Gilbert’s ruling ordering the CSU to release Tinubu’s academic records, saying that Atiku had the right to have access to the records.
“For the reasons stated in the Court’s accompanying Memorandum Opinion and Order, the Court overrules President Tinubu’s objections (44] and adopts Judge Gilbert’s recommended decision [40] in full.
“The Court, therefore, grants Mr Abubakar’s application under 28 U.S.C. § 1782. [1],” Ms Maldonado ruled.
She said the CSU must complete all necessary filings with regard to the release by 5 p.m. on Tuesday.
“Respondent CSU is 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.
The judge had dismissed Tinubu’s objection to an earlier decision by a judge of a magistrate court, Jeffery Gilbert, on Sept. 20.
Maldonado affirmed Gilbert’s ruling ordering the CSU to release Tinubu’s academic records, saying that Atiku had the right to have access to the records.
“For the reasons stated in the Court’s accompanying Memorandum Opinion and Order, the Court overrules President Tinubu’s objections (44] and adopts Judge Gilbert’s recommended decision [40] in full.
“The Court, therefore, grants Mr Abubakar’s application under 28 U.S.C. § 1782. [1],” Ms Maldonado ruled.
