By Janet Bassey (Governance Reporter, Abuja) with reports from Edwin Pendergrass (NewsLeader Special Correspondent, in New York)
The United States of America (USA) District Court of Illinois, on Saturday, ruled in the application brought by former Vice President of Nigeria, Atiku Abubakar, seeking for the release, to him by the Chicago State University (CSU), of all academic records of Nigeria's President, Bola Ahmed Tinubu.
A docket entry information made on Saturday, September 30, 2023, by the Clerk of the District Court, which was obtained by NIGERIAN NEWSLEADER Newspaper Special Correspondent in New York, stated that the court has directed the authorities of the Chicago State University (CSU), in its weekend ruling, to hand over to the plaintiff (Atiku Abubakar) all relevant academic records of President Bola Ahmed Tinubu purportedly obtained from the institution during his alleged student years in the University.
Judge (Ms) Nancy Maldonado: US Northern District of Illinois Court Judge who granted Atiku Abubakar's request to obtain President Bola Tinubu's Chicago State University certificate.
The presiding judge, Justice Nancy Maldonado, while delivering ruling in Atiku Abubakar's favour in his suit against the Chicago State University, has refused the appeal filed by the Intervenor, President Tinubu of Nigeria, that the request by Atiku Abubakar should not be granted by the court.
Judge Maldonado also gave tomorrow Monday, October 2nd, 2023 as the deadline for the release of the said academic records to enable Atiku Abubakar meet the Thursday, October 5, 2023 filing deadline at the Supreme Court of Nigeria in pursuit of his Presidential Election Tribunal Judgement Appeal.
The controversial Chicago State University
She (judge) also ordered that the deposition of the Chicago State University must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023.
Judge Maldonado however cautioned that any request for a stay of the judgement pending appeal against her judgment to the Seventh Circuit Court of Appeal will be denied.
The notice of the court ruling as contained in the District of Illinois Civil and Criminal docket system, states as follows, that:
"...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.
WHEN THE GOING WAS GOOD: Nigeria's President, Bola Ahmed Tinubu (Left) and former Vice President, Atiku Abubakar (Right).
"In reaching this conclusion, the Court emphasizes 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. Respondent CSU is directed to produce all relevant and non-priviledge 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 12.00pm (noon) CDT, on Monday, October 2, 2023.
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"The Rule 30(b)(6) deposition of CSU's corporate designee must be completed by 5:00pm 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 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. Judgement is entered in favour of Atiku Abubakar (ca)".
The 2023 Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, recently approached the US District Court in Northern Illinois to compel the Chicago State university University (CSU) to make available to him, Tinubu’s academic records on the basis that such documents would enable his suit at the Supreme Court of Nigeria challenging the judgement earlier given by the Presidential Election Petition Tribunal in favour of Tinubu and his party, the All Progressive Congress (APC) regarding the Saturday, February 25, 2023 presidential poll.
Atiku had told the court that he urgently needed details of Tinubu's academic records from CSU for his use in Nigerian courts to support his argument that Tinubu forged a certificate he claimed to have obtained from CSU in 1979 and submitted to Nigeria’s electoral body, the Independent National Electoral Commission (INEC), for the 2023 presidential election. NNL.
