A US district court judge, Jeffrey Gilbert, has ruled that President Bola Tinubu forfeited his education privacy rights when he submitted a controversial certificate to run for office in Nigeria in 2022. This followed opposition leader Atiku Abubakar’s request for a subpoena to obtain Mr Tinubu’s academic records.

The judge said that the need to confirm the genuineness of Mr Tinubu’s certificate outweighed his personal concerns over its consequences. This was because Mr Tinubu himself had exposed his records to public scrutiny by submitting the certificate, despite concerns over its accuracy.

The judge ruled that Mr. Abubakar’s election petition far outweighed Mr. Tinubu’s privacy interest and that the records should be disclosed as necessary to comply with a lawfully issued subpoena or judicial order.

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The court ruled that the party requesting educational records has a significant burden to prove that their interest in obtaining the records outweighs the privacy interest of the student. In this case, Mr. Abubakar met the criteria for Section 1782, which allows the U.S. to turn over records for use in a foreign tribunal, and ordered CSU to provide him with all requested records within two days.

Mr. Abubakar filed an appeal to the Supreme Court seeking to overturn a previous judgment, but the tribunal judges did not have the Chicago academic records that he now seeks to present to the Supreme Court.

The subpoena is expected to help Mr. Abubakar get certified clarification of Mr. Tinubu’s education at CSU. CSU administrators have until Thursday evening to supply all the documents to Mr. Abubakar and make officials available to testify under oath about the authenticity of any documents provided. The school had already admitted during a hearing that it would not be able to authenticate Mr. Tinubu’s certificate.

 

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