Atiku prevails as US Court orders CSU to release Tinubu’s academic records, warns against appeal
The hope of President Bola Tinubu of continuously shielding his controversial academic records from his main opponent in the February 25 presidential election, Atiku Abubakar, has suffered a fatal blow as Judge Nancy Maldonado has ordered the Chicago State University (CSU) to release the documents to the Peoples Democratic Candidate by Monday.
Judge Maldonado, upholding the earlier ruling of Judge Jeffrey Gilbert, also ordered a deposition of officials of the Chicago State University that must be concluded by 5pm CDT on Tuesday.
In a copy of the judgment obtained by PointblankNews.com on Sunday, Judge Maldonado noted that CSU raised no objection to Judge Jeffery Gilbert’s decision that the academic records be made available to the public.
According to the court, Tinubu’s argument that Atiku’s interest in his academic records amounts to invasion of privacy, pales into insignificance to the former Vice President’s interest in the sought-after discovery.
Judge Maldonado overruled President Tinubu’s objections to Magistrate Judge Gilbert’s recommended ruling, and therefore adopted the ruling in full.
The memorandum opinion and order read in part “Atiku’s application is therefore granted. In light of the pending Supreme Court of Nigeria deadline. represented to the Court as October 5, 2023, and based on CSU’s representations that it is ready to comply with the discovery requests and produce a witness, the court sets an expedited schedule for completion of discovery. Respondent CSU is directed to produce all relevant and non-privileged documents.
“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.”
In what seems a final nail in the legal coffin of the Nigeria’s President, Judge Maldonado ruled out any possibility of appeal by Tinubu and his legal team, stressing that Atiku has a duty to transfer the collected evidence to the Nigerian Supreme Court for use in an ongoing election petition case by October 5.
“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 here) 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,” she added.
Maldonado however noted that Tinubu is free to file his appeal directly before the Seventh Circuit, which is the main appellate court overseeing Illinois and nearby states; but this is a herculean task given that only a handful of days are left for compliance by the CSU.
This is major success for Atiku who has continuously insisted that Tinubu presented a forged certificate to the Independent National Electoral Commission (INEC) when he applied to run for the Presidency of Nigeria.
Section 137 (1)(j) of the Nigerian Constitution (amended in 2010) specifically stated that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”
Before Saturday night, Judge Maldonado maintained that public interest angle of the case would propel her to expedite action to see that justice prevails in the case.
President Tinubu did not deny the charges that the certificate was forged, especially as it was purportedly signed by administrators who were not even at the school when he graduated in 1979, but only argued, alongside the school, that he attended and graduated.
Judge Maldonado, upholding the earlier ruling of Judge Jeffrey Gilbert, also ordered a deposition of officials of the Chicago State University that must be concluded by 5pm CDT on Tuesday.
In a copy of the judgment obtained by PointblankNews.com on Sunday, Judge Maldonado noted that CSU raised no objection to Judge Jeffery Gilbert’s decision that the academic records be made available to the public.
According to the court, Tinubu’s argument that Atiku’s interest in his academic records amounts to invasion of privacy, pales into insignificance to the former Vice President’s interest in the sought-after discovery.
Judge Maldonado overruled President Tinubu’s objections to Magistrate Judge Gilbert’s recommended ruling, and therefore adopted the ruling in full.
The memorandum opinion and order read in part “Atiku’s application is therefore granted. In light of the pending Supreme Court of Nigeria deadline. represented to the Court as October 5, 2023, and based on CSU’s representations that it is ready to comply with the discovery requests and produce a witness, the court sets an expedited schedule for completion of discovery. Respondent CSU is directed to produce all relevant and non-privileged documents.
“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.”
In what seems a final nail in the legal coffin of the Nigeria’s President, Judge Maldonado ruled out any possibility of appeal by Tinubu and his legal team, stressing that Atiku has a duty to transfer the collected evidence to the Nigerian Supreme Court for use in an ongoing election petition case by October 5.
“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 here) 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,” she added.
Maldonado however noted that Tinubu is free to file his appeal directly before the Seventh Circuit, which is the main appellate court overseeing Illinois and nearby states; but this is a herculean task given that only a handful of days are left for compliance by the CSU.
This is major success for Atiku who has continuously insisted that Tinubu presented a forged certificate to the Independent National Electoral Commission (INEC) when he applied to run for the Presidency of Nigeria.
Section 137 (1)(j) of the Nigerian Constitution (amended in 2010) specifically stated that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”
Before Saturday night, Judge Maldonado maintained that public interest angle of the case would propel her to expedite action to see that justice prevails in the case.
President Tinubu did not deny the charges that the certificate was forged, especially as it was purportedly signed by administrators who were not even at the school when he graduated in 1979, but only argued, alongside the school, that he attended and graduated.