A United States District Judge, Nancy Maldonado has granted a stay on the order requiring Chicago State University (CSU) to release academic documents belonging to President Bola Tinubu to former Vice President Atiku Abubakar‘s legal team.
This decision was reached during a late-night hearing following an emergency motion filed by President Tinubu’s lawyers seeking to delay the implementation of the order, which directed CSU to comply with Atiku’s subpoenas by Monday.
The original order, issued by Magistrate Jeffrey Gilbert, had instructed Tinubu’s alma mater to provide Atiku’s legal team with all relevant and non-privileged documents, including records of admission, attendance dates, degrees, awards, and honors received by Tinubu during his time at the university.
President Tinubu’s legal team argued that Gilbert’s initial decision needed to be reviewed by a district judge, emphasizing that the magistrate could only make recommendations, not final orders.
Babatunde Ogala, the Coordinator of Tinubu’s Presidential Legal Team, clarified that their request was for a review, not an appeal, and highlighted the procedural aspects of the American legal system.
He noted that the magistrate’s role was to make a recommendation to the district judge, and they were providing the district judge with additional information regarding Atiku’s use of the information for litigation in Nigeria.
PUNCH quoted him saying, “As I am talking to you, I am in America and on top of this matter. Our people are just making issues out of nothing. What did the magistrate do? I think we need to understand the American procedure.
“The magistrate is to make a recommendation to the district judge and not to give a final order. No, he cannot. He has no such power. And that is what we are saying to the district judge. They are to make a recommendation, which must be within 48 hours.
“In anyway, what is the issue here? Whatever you said you wanted, the court said ‘release non-privileged’. After all, they have confirmed that the man attended their school, and got his letter of admission as well as first, second, third, and fourth semester results.
“They have admitted it is their certificate, and you (court) are now coming to say they should release the information. For what exactly? They brought his application for admission.
“What we are even saying is this. We are not filing an appeal but asking for a review against Monday for the judge to pronounce. We are providing the judge with additional information to say the person they have granted this order was granted purportedly because he said that he wants to use it to pursue his litigation in Nigeria.
:There is nothing to appeal as it does not show anything to suggest that he is bringing anything from America. Is that not fraudulent? That’s our contention,” he said.
Shortly after this explanation, the US district judge granted the request for a review and delay until on Monday, September 25, mindful of legal deadlines in Nigeria.
In the emergency hearing, Maldonado disclosed that mindful of legal deadlines in Nigeria, she would rule on the matter as quickly as possible.
She said, “I will have a busy weekend. The issue is of process and rules. I’m a rule person. That’s why I’m a judge. This case is quite involved. I am aware of the stakes. It’s more important to me to get this right.”
KanyiDaily recalls that Chicago State University (CSU) recently confirmed that President Bola Tinubu attended the university and successfully graduated in 1979, obtaining a bachelor’s degree.