A federal court in Chicago has ruled in favor of Nigerian opposition leader Atiku Abubakar’s ongoing efforts to demonstrate Bola Tinubu’s ineligibility to be Nigeria’s president. Judge Jeffrey Gilbert has ordered Chicago State University (CSU) to turn over all records relating to Mr. Tinubu to Mr. Abubakar within two days. The court has also ordered a deposition of designated CSU officials within two days after the records have been released.
The court has granted Mr. Abubakar’s application to direct discovery from CSU for use in a foreign proceeding. Respondent CSU is to produce all relevant and non-privileged documents in response to requests for production within two days of the entry of this memorandum opinion and order.
The deposition of the respondent’s corporate designee shall proceed within two days of the production of documents. The parties can modify the dates set by the court by mutual agreement. The order comes hours after Mr. Abubakar filed his appeal to the Supreme Court following the September 6 judgment of the presidential election petitions tribunal that upheld Mr. Tinubu’s victory. Mr. Abubakar’s appeal is based on his claim that Mr. Tinubu submitted a forged document under oath in violation of the Nigerian Constitution, which should disqualify him from being legitimately elected president of Nigeria.
The Nigerian court has ordered CSU to provide documentation regarding Mr. Tinubu, including verification of any documents submitted under oath. The discrepancies in the records led Mr. Abubakar to file a lawsuit, compelling CSU to disclose information related to Mr. Tinubu’s academic records.
He also requested the presence of top CSU officials to certify the provided documents. During a hearing on September 12, CSU’s lawyer, Michael Hayes, stated that the school could not verify Mr. Tinubu’s certificate if asked under oath. However, he confirmed that Mr. Tinubu attended the institution and graduated in 1979. In response, Mr. Tinubu’s lawyers, led by Christopher Carmichael, opposed Mr. Abubakar’s application.
They argued that the court should not grant it, as it was a baseless attempt to tarnish the image of the Nigerian President. They also maintained that the Supreme Court would not consider fresh evidence that was not produced during the tribunal proceeding. Conversely, Mr. Abubakar’s team, led by Angela Liu, argued that unique circumstances could allow the Supreme Court to consider new facts, especially if they were not available during the Court of Appeal, the initial court in a presidential election dispute.
But Judge Gilbert said courts across the U.S. have traditionally taken a broad and liberal view in granting applications under Section 1782, a statute that allows the release of documents and evidence domiciled in the U.S. to be obtained and used in a foreign proceeding.