A federal court in Chicago on Tuesday night ruled that Chicago State University (CSU) must turn over all records relating to President Bola Tinubu to Atiku Abubakar within two days, saying the former vice-president has been able to sufficiently satisfy the purpose for seeking the records, according to the ruling seen by Peoples Gazette.
The move is part of Atiku’s ongoing push to prove Tinubu’s ineligibility to be Nigeria’s president.
Judge Jeffrey Gilbert also ordered a deposition of designated CSU officials within two days after the records have been released, noting further that the process can be conducted during the weekend if necessary.
“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,” Mr Gilbert ruled. “Respondent CSU shall produce all relevant and non-privileged documents in response to requests for production Nos. 1 through 4 (as narrowed by the court) in applicant subpoena within two days of the entry of this memorandum opinion and order.”
“The deposition of 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. Given the tight time frame under which the parties are operating, the deposition can, if necessary, occur on a non-weekday,” the court added.
The order comes hours after Mr Abubakar filed his appeal to the Supreme Court, following the September 6 judgement of the presidential election petitions tribunal that upheld Mr Tinubu’s victory.
Mr Abubakar had on August 2 filed an application for the court to order CSU to produce documents relating to Mr Tinubu, as well as leave to get the school’s administrators to authenticate any documents submitted under oath.
Mr Abubakar said the documents would be used as part of his ongoing challenge against Mr Tinubu’s election earlier this year. The candidate of the opposition Peoples Democratic Party said Mr Tinubu should not have been allowed to run for president because he had submitted a forged document under oath in violation of the Nigerian Constitution.
Section 137 (1)(j) of the Nigerian Constitution (amended in 2010) specifically stated that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”
Peoples Gazette
