After attempts to delay and even stop the Chicago State University from releasing his academic documents, a Federal Court in the United States has directed the university to release the documents by Monday, October 2, 2023.
The decision was handed down by Justice Nancy Maldonado of the U.S. District Court for the Northern District of Illinois, Eastern Division late on Saturday (early hours of Sunday, October 1, in Nigeria)
This is the second time a court will be directing that the documents be released.
A Magistrate, Jeffery Gilbert had on the 20th of September granted the first order based on an application by Atiku Abubakar, and also directed that designated officials of the Chicago State University (CSU) should be subjected to a deposition to verify the authenticity of the academic records
A deposition involves conducting an oral examination of a person under oath. Any witness who provides information that may turn out to be false could be charged with perjury and serve time in prison if convicted
But Tinubu had intervened, seeking a review of Magistrate Gilbert’s order. He had argued that the magistrate had no powers to issue an order of final compliance, but could only make a recommendation to a district judge
The Nigerian leader had also submitted that his academic records are covered by privacy privileges and that Atiku Abubakar’s request to have it released will be against his interest
In her review of the objections, District Judge Nancy Maldonado overruled Tinubu and fully adopted the decision of Magistrate Gilbert.
In reaching this conclusion, the Court emphasizes that it is expressing no view on the merits of Atiku Abubakar’s underlying claims regarding President Tinubu or his graduation from CSU, or on the validity of the Nigerian election.
Judge Maldonado also held that she is not taking any position on what any of the documents or testimony from CSU may or may not ultimately show.
The docket entry of the proceedings cited by AIT stated, “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.
“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.
“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 also cautioned President Tinubu that any request for a stay of proceedings before it will be denied, as the Court finds any stay impracticable in light of the fast approaching Supreme Court of Nigeria deadlines.
It added, “President Tinubu is, of course, free to request a stay directly from the Seventh Circuit should he file any appeal”.
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Background.
Atiku had disputed Tinubu’s claim of attending the Chicago State University and in his filings, suggested that what Tinubu filled in his presidential nomination form regarding his CSU academic qualification was false.
The Chicago State University had consistently maintained that Tinubu was its student and that he graduated in 1979 with a bachelor’s degree
Atiku’s insistence on evidential proof of the claims by the university, led to filing of a motion before a Federal Court in Chicago
The order to depose designated officials of the Chicago State University to confirm that Tinubu actually attended and graduated from the institution comes after Atiku’s petition challenging the election and qualification of Tinubu was dismissed by the election court on Wednesday September 6.
Atiku’s appeal against the dismissal of his petition is pending before the Nigerian Supreme Court; and part of his submission in the U.S. court was that the findings on Tinubu’s academic records is crucial to the foreign proceedings in Abuja.
A copy of the order initial order of Magistrate Gilbert adopted by Judge Maldonado on Sunday which AIT earlier reported states, “Respondent CSU shall produce all relevant and non-privileged documents in response to requests for production Nos. 1 through 4 (as narrowed by the court) in applicant subpoena within two days of the entry of this memorandum opinion and order.”
