October 01, (THEWILL) – A United States District Court for the Northern District of Illinois has ordered the Chicago State University (CSU) to release all academic records of President Bola Tinubu.
Judge Nancy L. Maldonado gave the order while ruling on an Emergency Motion filed by President Tinubu, seeking to stop the execution of a magistrate order to the CSU to release his academic records to Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP) in the 2023 general elections in Nigeria.
THEWILL reports that Atiku Abubakar had approached the Court, seeking details of Tinubu’s academic records at the CSU. The former Nigeria Vice President had subpoenaed the CSU to make Tinubu’s academic records available for his access, believing that such discoveries would shed more light on the controversies surrounding the President’s academic records.
Presiding Magistrate of the Court, Judge Jeffrey T. Gilbert, had on Tuesday, September 19, ordered the CSU to produce “all relevant and non-privileged documents” to Abubakar Atiku, the plaintiff, within two days.”
But in an emergency motion filed on Thursday, September 21, President Tinubu alleged that the magistrate order breached the constitution by acting as a final court.
In a motion brought before the court by his lawyer, Christopher W. Carmichael, President Tinubu argued that a magistrate should only report and recommend to the district judge in such matters.
Tinubu’s lawyers, who argued that their client is not willing to lift his privacy privilege, prayed the court to quash the magistrate’s order.
Ruling on the motion on Friday, presiding judge Nancy Maldonado, dismissed Tinubu’s objection and upheld the September 19 ruling of Judge Gilbert, who ordered the CSU to release Tinubu’s academic records as requested by Atiku, stressing that the PDP candidate Atiku had the right to have access to the records.
According to the judge, CSU must complete all necessary filings regarding the release by 5pm on Tuesday, October 3, 2023.
“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]).
“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,” Judge Maldonado ruled.
