A federal judge in Chicago ordered on Tuesday night that Chicago State University (CSU) must give Abubakar access to all of President Tinubu's academic records within two days, finding that the former vice president has been able to adequately fulfil the requirement for the records.
This is according to a ruling which Peoples Gazette affirmed it saw.
In addition, Judge Jeffrey Gilbert mandated that certain CSU officials be deposed within two days of the documents' release; he added that, if necessary, the process might take place over the weekend.
“For all of the reasons discussed above, Atiku Abubakar’s application pursuant to 28 U.S.C. § 1782 for an order directing discovery from Chicago State University for use in a foreign proceeding [ECF No. 1] is granted,” Gilbert ruled.
"Respondent CSU shall produce all relevant and non-privileged documents in response to requests for production Nos. 1 through 4 (as narrowed by the court) in applicant subpoena within two days of the entry of this memorandum opinion and order.”
The court added: “The deposition of respondent’s corporate designee shall proceed within two days of the production of documents.
"The parties can modify the dates set by the court by mutual agreement.
"Given the tight time frame under which the parties are operating, the deposition can, if necessary, occur on a non-weekday,”
On August 2, Abubakar asked the court to require CSU to reveal academic records connected to Tinubu, as well as permission to have the school's administration certify any documents submitted under oath.
Atiku Abubakar stated that the records will be utilised in his ongoing challenge against Tinubu's election earlier this year.
President Tinubu should not have been permitted to compete for president, according to the candidate of the opposition Peoples Democratic Party, because he presented a fake document under oath, in contravention of the Nigerian Constitution.
Section 137 (1)(j) of the Nigerian Constitution (as modified in 2010) expressly states that no one can be constitutionally elected president of Nigeria if they "presented a forged certificate to the Independent National Electoral Commission."
On June 17, 2022, Tinubu submitted to INEC a certificate reportedly issued in 1979 and signed by Elnora Daniel.
Daniel, on the other hand, came to CSU in 1998 from Hampton University, 19 years after Tinubu was claimed to have graduated.
She departed the school in 2008 after a financial mismanagement controversy, or 14 years before June 2022, when CSU issued a new certificate in Tinubu's name in response to a subpoena from a Nigerian lawyer who had enquired about Tinubu's schooling there.
Tinubu submitted to INEC on June 17, 2022, a certificate reportedly issued in 1979 and signed by Elnora Daniel.
Daniel, on the other hand, just arrived at CSU from Hampton University in 1998, 19 years after Tinubu was reported to have graduated. She left the school in 2008, 14 years before June 2022, when CSU issued a new certificate in Tinubu's name in response to a subpoena from a Nigerian lawyer who inquired about Mr Tinubu's schooling there.
According to Abubakar's lawyers, the irregularities prompted him to initiate the complaint to compel CSU to submit records linked to Tinubu and make its top executives accessible for deposition to authenticate the produced academic records.
During a hearing on the case on September 12, CSU lawyer Michael Hayes stated that the school could not certify Tinubu's certificate if asked under oath, even though Tinubu attended and graduated from the institution in 1979.
Tinubu's attorneys, led by Christopher Carmichael, said that Abubakar's plea should be denied because it was a frivolous expedition intended at tarnishing the Nigerian president's image.
Tinubu's lawyers further said that the Nigerian Supreme Court would not accept new evidence that had not been presented during the tribunal proceedings.
However, Abubakar's team, led by Angela Liu, claimed that the Supreme Court would accommodate the new facts under unusual circumstances, particularly because they were not available to the Court of Appeal, which is the first instance court in a presidential election dispute.
Judge Gilbert stated that courts throughout the United States have historically taken a broad and liberal approach in granting applications under Section 1782, legislation that authorises the release of papers and evidence domiciled in the United States to be retrieved and utilised in a foreign legal proceeding.
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