President Bola Tinubu has filed an emergency application seeking a review of the judgement that ordered the release of his academic records by Chicago State University (CSU) to Atiku Abubakar.
Judge Jeffrey Gilbert of the United States District Court had on September 19 ordered Chicago State University to release with deposition Mr. Tinubu’s records to his Nigerian political opponent as part of an ongoing election challenge proceeding in Nigeria.
The judge said the records must be turned over to Mr. Abubakar on September 21. He also said school administrators must submit themselves to certify all released records under oath.
But as the school started preparing to release the files, Mr. Tinubu entered an emergency application in the district asking a senior judge to review Mr. Gilbert’s September 19 order and delay execution until at least September 25.
In support of his motion, Tinubu said his request was based on the fact that the “Applicant (Atiku) is challenging an election that occurred in Nigeria in February 2023. Applicant filed his action under 28 U.S.C. § 1782 on August 2, 2023, after dismissing a similar Illinois State court action that was originally filed July 11, 2023.’’
“The limited time available is therefore due to the applicant’s decision to seek information utilising section 1782 six months after the election concluded. This court referred the applicant’s request to issue discovery to the magistrate. (Dkts. 6 & 7.)”
“Considering the nature of applications for discovery under 28 U.S.C. § 1782, the Ninth Circuit concluded a magistrate may only report and recommend to a district judge, in CPC Patent Technologies PTY Ltd. v. Apple, Inc., the Ninth Circuit held.”
In reaction to the emergency delay, Atiku, speaking through his aide on communication, Phrank Shaibu, said Tinubu’s emergency motion confirmed that he had a lot to hide.
“He is in the US doing everything to stop the Chicago State University from releasing his records,’’ Shaibu further alleged.