Dr. Josef Onoh, President Bola Tinubu’s former spokesperson in the southeast, has criticized the legal arguments put forth by Alhaji Atiku Abubakar, the 2023 presidential candidate of the Peoples Democratic Party (PDP), and his United States lawyer, Angela Liu, regarding the release of President Tinubu’s academic records from Chicago State University (CSU). Onoh contends that their interpretation of the US law on the Family Educational Rights and Privacy Act (FERPA) is flawed.
Atiku, represented by his lawyer Liu, had argued in a US court that President Tinubu cannot use the excuse of privacy law to prevent the release of his academic records from CSU. One of the grounds for President Tinubu’s denial of Atiku’s request was that the Magistrate Judge Jeffrey Gilbert had made an error in directing CSU to release documents, including the diploma certificate, transcripts, and admission letter.
Liu, in her response, argued that FERPA and analogous state laws do not establish an independent privilege for educational records and cannot be used as a shield against a court-issued subpoena. She asserted that “the assertion of a privilege or privacy interest under FERPA is a nonstarter; the statute does not give individuals any enforceable rights” and that “FERPA does not provide a privilege that prevents the disclosure of student records.”
Onoh, in his counterargument, accused Atiku’s lawyer of presenting baseless arguments to cater to her client’s political desperation and job security. He maintained that FERPA protects against the unauthorized release of President Tinubu’s academic records, regardless of the legal tactics employed by Atiku’s international legal team.
He also referenced a case where federal judges ruled that a federal privacy law, FERPA, specifically prohibits schools from releasing student disciplinary records, indicating that releasing such records is in violation of FERPA.
Onoh emphasized that Atiku does not have a “Legitimate Educational Interest” as defined under FERPA, making it inappropriate for him to request President Tinubu’s academic records. He argued that Atiku’s interest is personal and aimed at causing damage and violating President Tinubu’s privacy.
He further clarified that Atiku does not fall under any of the categories, such as a school official, administrative staff, or a contracted entity, that would grant him a “Legitimate Educational Interest” under FERPA.
The legal battle over the release of President Tinubu’s academic records continues, with both sides presenting their arguments before the court.
