(iexclusivenews) – In a landmark ruling, a senior U.S. judge has denied President Bola Tinubu’s emergency appeal to prevent Chicago State University (CSU) from disclosing his academic records to his main challenger, Atiku Abubakar. The ruling paves the way for Mr Abubakar to obtain crucial evidence for his election petition case before the Nigerian Supreme Court.

The Ruling

Judge Nancy Maldonado of the United States District Court for the Northern District of Illinois in Chicago upheld the decision of a lower federal magistrate judge on September 19, who had granted Mr Abubakar’s application to subpoena CSU for Mr Tinubu’s records. Judge Maldonado rejected Mr Tinubu’s objections and adopted the magistrate judge’s recommended ruling in full.

She said: “The Court overrules President Tinubu’s objections to Magistrate Judge Gilbert’s recommended ruling, and therefore adopts the ruling in full. Mr Abubakar’s application is therefore granted. In light of the pending Supreme Court of Nigeria deadline, represented to the court as October 5, 2023, and based on CSU’s representations that it is ready to comply with the discovery requests and produce a witness, the court sets an expedited schedule for completion of discovery.”

Judge Maldonado also ordered CSU to produce all relevant and non-privileged documents in response to Mr Abubakar’s subpoena by 12:00 p.m. Monday and to make its officials available for deposition to authenticate the documents by 5:00 p.m. on the same day. She warned that any attempt by Mr Tinubu to appeal the judgment in the district would no longer be tolerated as Mr Abubakar must transfer the collected evidence to the Nigerian Supreme Court for use in his ongoing election petition case by October 5.

She said: “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 here) 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. Given the October 5, 2023, filing deadline before the Supreme Court of Nigeria, the Court will not extend or modify these deadlines.”

She added that Mr Tinubu is free to file his appeal directly before the Seventh Circuit, which is the main appellate court overseeing Illinois and nearby states, but noted that it would likely be a futile effort given the tight window for compliance by CSU.

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The Implications

The ruling marks a major setback for Mr Tinubu and a huge victory for Mr Abubakar, who has been seeking the records to prove that Mr Tinubu presented a forged certificate to the Independent National Electoral Commission (INEC) when he submitted his application to run for president in June 2022.

Section 137 (1)(j) of the Nigerian Constitution (amended in 2010) specifically stated that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”

Mr Abubakar has alleged that Mr Tinubu’s certificate was forged, especially as it was purportedly signed by administrators who were not even at the school when he graduated in 1979. He also claimed that Mr Tinubu did not meet the minimum academic requirements to run for president, as he did not have a secondary school leaving certificate or its equivalent.

Mr Tinubu did not deny the allegations, but only insisted, alongside the school, that he attended and graduated from CSU. He also argued that releasing the documents with deposition would cause him severe harm because they were private to him and would not be admissible in the ongoing petition against him in Nigeria, an argument that further fueled nationwide concern about what the president might have been hiding about himself from Nigerians.

The CSU said it would state under oath that Mr Tinubu attended, but it won’t be able to certify the authenticity of the certificate he paraded in Nigeria under oath. Mr Abubakar’s lawyers would now be able to test the school’s claims, alongside Mr Tinubu’s certificate, and present their findings to the Nigerian Supreme Court before the October 5 deadline.

The Background

Mr Tinubu and Mr Abubakar contested in the presidential election held on February 25, 2023. Mr Tinubu was declared the winner by INEC with 51.2% of the votes, while Mr Abubakar came second with 48.8%. Mr Abubakar rejected the result and filed a petition at the Presidential Election Petition Tribunal, alleging that the election was marred by irregularities, violence and fraud.

He also challenged Mr Tinubu’s eligibility to run for president, citing his alleged lack of academic qualifications and his purported use of a forged certificate from CSU. He sought an order from the tribunal to nullify Mr Tinubu’s election and declare him the winner or order a fresh election.

The tribunal dismissed Mr Abubakar’s petition on August 23, 2023, saying he failed to prove his allegations beyond reasonable doubt. The tribunal also held that Mr Tinubu was duly qualified to run for president and that his certificate from CSU was valid and authentic.

Mr Abubakar appealed the tribunal’s judgment at the Nigerian Supreme Court, which is the final arbiter of electoral disputes in Nigeria. He also applied for a subpoena to obtain Mr Tinubu’s academic records from CSU through a U.S. court, hoping to find evidence to support his claim that Mr Tinubu’s certificate was forged.

The U.S. court granted his application on September 19, 2023, after rejecting Mr Tinubu’s and CSU’s objections. The court ordered CSU to produce all relevant and non-privileged documents relating to Mr Tinubu’s admission, enrollment, attendance and graduation by September 29, 2023. The court also ordered CSU to make its officials available for deposition by October 2, 2023.

Mr Tinubu filed an emergency appeal to block the court order on September 28, 2023, arguing that it violated his privacy rights and that it was irrelevant to the Nigerian case. He also claimed that he would suffer irreparable harm if his records were disclosed to Mr Atiku Abubakar.

However, his appeal was denied by Judge Maldonado on September 30, 2023, who affirmed the lower court’s ruling and set an expedited schedule for CSU to comply with the subpoena. She also warned Mr Bola Tinubu that any further appeal in the district would be futile and that he should file his appeal directly before the Seventh Circuit if he wished to do so.

What You Should Know

The U.S. court ruling is a significant development in the ongoing legal battle between Mr Tinubu and Mr Abubakar over the outcome of the presidential election. It could potentially expose Mr Tinubu’s academic records to public scrutiny and provide crucial evidence for Mr Abubakar’s case before the Nigerian Supreme Court.

However, it is not clear whether the Nigerian Supreme Court will admit or consider the evidence obtained from CSU, as it has its own rules of procedure and evidence. It is also not certain whether Mr Abubakar will be able to obtain and transfer the evidence before the October 5 deadline set by the Nigerian Supreme Court.

The Nigerian Supreme Court is expected to hear and decide on Mr Abubakar’s appeal within 60 days from the date of filing. The court’s judgment will be final and binding on all parties involved in the dispute.