Please, Don’t Let Atiku Access My Chicago Varsity’s Records – Tinubu Begs US Court

• Goes on appeal against ruling

BY SEGUN ADEBAYO – Determined to ensure that the Peoples Democratic Party (PDP) presidential candidate, Abubakar Atiku, does not have access to his academic records at the Chicago State University, President Bola Tinubu has filed an application with the District Court seeking to halt the implementation of its judgment.

Tinubu’s appeal arose from the Magistrate court’s ruling on Tuesday directing the Chicago-based institution to release Tinubu’s educational documents to Atiku within 48 hours

Dissatisfied with the judgment that has obviously unsettled his camp, the President’s counsel filed a fresh application on Thursday, arguing that the Magistrate breached the constitution by acting as a final court in such matters of discovery.

According to President Tinubu, a Magistrate should only report and recommend to the District judge concerning such sensitive matters rather than making himself the final arbiter in the case before him.

Further putting their arguments forward, Tibunu’s counsel noted that instead of going by existing laws, the Magistrate court had issued what seemed to be a final order on September 19, demanding immediate compliance starting on September 21.

President Tinubu also stated in his appeal thus; “Intervenor asks this court to enter an immediate order delaying the effect of the Magistrate’s order, at least until Monday, September 25, 2023, so the Court may fully consider both the scope of the Magistrate’s authority to issue the order without review and the issue of whether the Magistrate’s order was a correct application of the law to the facts presented.”

The motion filed by President Tinubu’s counsel, Mr Carmichael further stressed that other courts, considering the authority of Magistrate to rule on Section 1782 applications, would have opted to issue reports and recommendations in line with extant laws.

The appeal also argued thus; “Intervenor raises a substantial question about the Magistrate’s authority to resolve the Section 1782 petition and order immediate compliance by Chicago State University.

“‘If Chicago State University complies with the Magistrate’s order prior to this Court having an opportunity to review the order, Intervenor will suffer prejudice because the information will have been disclosed and effective relief will be impossible. ÀThe order requires the documents to be produced today. (Dkt. 40, pg. 31.)

“By contrast, Tinubu maintained that he has at least until September 27 to submit material, if not longer, and, as the Magistrate commented, the “tight timeframe” was created “in no small part” by applicant. (Dt. 40, pg. 28.)

“That leaves enough time for the Court to review the ruling and, if discovery were permitted to proceed, for the applicant to still obtain the information sought.

“Due to the timing for compliance by Chicago State University — later today ~ Intervenor is filing this motion separately from its challenge to the Magistrate’s ruling on the application. Intervenor intends to file, by the end of the day, a substantive brief addressing the errors in the magistrate’s decision.

“Intervenor requests that the Court defer compliance by Chicago State University until Monday, which will provide both an opportunity to review the Magistrate’s ruling, and, if ordered, to allow the discovery to proceed before September 27.

“For example, a production could accur on Tuesday morning, be followed by a deposition in the afternoon, and a court reporter can provide a rough or real time transcript that evening.

“Counsel for intervenor, Christopher W. Carmichael, communicated with counsel for applicant, Alexandre de Gramont, who opposes the motion.

“Wherefore, intervenor prays that the court grant the emergency motion and delay compliance with the magistrate’s September 19, 2023 order until the end of the day Monday, September 25, 2023”, the cited documents read.

Meanwhile, confirming the receipt of Tinubu’s motion by his principal, the Special Adviser on Media and Publicity to the former Vice President, Mr. Paul Ibe, said the appeal may just be part the President’s strategy to further delay implementation of the Court’s order.

For Ibe, the public should see the appeal as a possible plan to hamper the immediate release of Tinubu’s academic records as ordered by the US Court before the Supreme Court commences hearing on the appeal filed by Atiku against the September 6 judgment of the President Election Petition Tribunal (PEPT).

Ibe said; “Nigerians will soon see the true position of Atiku on the academic qualifications of Tinubu. It is just a matter of time”.

Meanwhile, expectations are running high as Nigerians await the apex Court’s decision concerning the date to start hearing the appeals brought before it by Atiku and his Labour Party (LP) counterpart, Peter Obi seeking to nullify the declaration of Tinubu by the Independent National Electoral Commission (INEC) as the lawful winner of the February 25, 2023, presidential election in the country.