The United States District Court for the Northern District of Illinois, Eastern Division, has affirmed its jurisdiction over the case initiated by Atiku Abubakar, the Peoples Democratic Party (PDP) presidential candidate in the 2023 election. Atiku has petitioned the court to compel Chicago State University (CSU) to release the academic records of President Bola Tinubu, as reported by Political Economist.
According to court documents, the court’s jurisdiction is based on US law that allows any “interested person” to request a US District Court to order the discovery of documents and testimony for use in a foreign proceeding. This applies to individuals who “reside or are found” within the District.
The court determined that Atiku fulfilled all statutory prerequisites. Atiku is considered an “interested person,” and the respondent, CSU, is a public university governed by the laws of Illinois. CSU’s main campus and offices are located in Chicago.
The court has indicated its readiness to grant Atiku’s prayers regarding the case.
Bola Tinubu, Nigeria’s President, ran for the presidency under the All Progressives Congress (APC) in the February 25 election. In November 2022, ahead of the presidential elections, Abuja-based lawyer Mike Enahoro-Ebah filed a suit against Tinubu, alleging certificate forgery, age falsification, and false statements under oath.
Enahoro-Ebah initiated proceedings by filing a “Direct Criminal Complaint” in the Chief Magistrate Court of the Federal Capital Territory (FCT). He alleged that Tinubu supplied false information and forged documents in his submission to the Independent National Electoral Commission (INEC) to qualify for the 2023 presidential election.
Enahoro-Ebah also obtained a subpoena from the Circuit Court of Cook County, dated August 11, 2022, and served it on CSU, requesting relevant records. In response, CSU’s Registrar confirmed the records provided were complete.
However, discrepancies emerged between the documents allegedly submitted by Tinubu to INEC and the records produced by CSU. Enahoro-Ebah asserted that the documents produced by CSU were authentic, while the documents submitted to INEC were forgeries.
In August 2023, Atiku filed papers in a US court, substantiating these accusations. The US court has set a deadline for Tinubu to present arguments as to why CSU should not be ordered to release his academic records to Atiku. The court’s timeline indicates a decision may be reached before September 21, coinciding with Nigeria’s election petitions tribunal’s potential judgment on the matter.
Atiku’s petition seeks access to Tinubu’s academic records at CSU, including details of admission, attendance, degrees, awards, and honors. Tinubu’s counsel filed a motion to prevent the release of his educational records by CSU.
