*Chicago, USA – September 20, 2023:* In a significant legal development, a federal court in Chicago has ruled that Chicago State University (CSU) must provide all records related to Bola Tinubu to Nigerian opposition leader Atiku Abubakar within two days. The ruling, handed down by Judge Jeffrey Gilbert, marks a crucial victory for Mr. Abubakar in his ongoing efforts to demonstrate Mr. Tinubu’s ineligibility for the Nigerian presidency.
The court order stipulates that CSU must release all relevant and non-privileged documents in response to Mr. Abubakar’s requests within the specified two-day timeframe. Additionally, designated CSU officials are required to undergo a deposition within two days following the release of the documents. The court has allowed flexibility for the deposition to take place even on a non-weekday if necessary.
Judge Gilbert’s ruling stated, “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.” This ruling comes after Mr. Abubakar filed his appeal to the Supreme Court in response to the presidential election petitions tribunal’s decision to uphold Mr. Tinubu’s victory on September 6.
Mr. Abubakar initially filed the application on August 2, seeking the court’s order for CSU to produce documents related to Mr. Tinubu and requesting permission to have the school’s administrators authenticate any documents submitted under oath. He argued that these documents were crucial to his ongoing challenge against Mr. Tinubu’s presidency. Mr. Abubakar contended that Mr. Tinubu should not have been allowed to run for president due to his alleged submission of a forged document under oath, a violation of the Nigerian Constitution.
Section 137 (1)(j) of the Nigerian Constitution, as amended in 2010, explicitly states that no one can be legitimately elected as the president of Nigeria if they “have presented a forged certificate to the Independent National Electoral Commission.”
The controversy surrounding Mr. Tinubu’s educational credentials centers on a certificate purportedly issued in 1979 and signed by Elnora Daniel. However, Ms. Daniel arrived at CSU in 1998, 19 years after Mr. Tinubu’s alleged graduation. She left the school in 2008, 14 years before a fresh certificate was issued in Mr. Tinubu’s name by CSU in June 2022, in response to a subpoena from a Nigerian lawyer inquiring about Mr. Tinubu’s education there.
During a hearing on the matter, CSU’s lawyer, Michael Hayes, indicated that the school could not authenticate Mr. Tinubu’s certificate under oath, despite confirming Mr. Tinubu’s attendance and graduation in 1979. Mr. Tinubu’s legal team argued against granting Mr. Abubakar’s application, characterizing it as an attempt to tarnish the Nigerian president’s reputation.
However, Judge Gilbert emphasized that U.S. courts traditionally take a broad and liberal view when considering applications under Section 1782, a statute allowing the release of documents and evidence held in the U.S. for use in foreign proceedings. This ruling marks a pivotal development in the ongoing legal dispute surrounding Mr. Tinubu’s eligibility for the Nigerian presidency.
