US District Judge Acknowledges Complexity and Risks in Tinubu vs. Atiku Case
Nancy Maldonado, the United States District Judge, has said she realised the complexity of the case before her, stressing that she is conscious of the risks involved if she got it wrong.
The District Judge stated this in the court during the emergency hearing between the legal team representing President Bola Tinubu and Atiku Abubakar. Maldonado said she would decide on the case restraining CSU from releasing the academic records of President Tinubu as soon as she could, keeping in mind Nigerian legal deadlines at the Supreme Court.
She said, “I will have a busy weekend. The issue is of process and rules. I’m a rule person. That’s why I’m a judge. This case is quite involved. I am aware of the stakes. It’s more important to me to get this right.”
Thus, an order mandating Chicago State University to provide the academic records of President Bola Tinubu to the legal team of former Vice President Atiku Abubakar was stayed by Judge Maldonado.
The hearing was scheduled for late Thursday night after the president’s attorneys submitted an emergency motion asking for a suspension in the self-effectuating order’s enforcement until Monday, which instructed the CSU to abide by Atiku’s subpoenas.
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President Tinubu’s legal team plea for a review of the judgement and a postponement of the ruling until Monday was granted by the US district judge.
Recall that Credible News Nigeria reported that Jeffrey Gilbert had on Tuesday mandated that Tinubu’s alma mater give the applicant, Atiku, access to all pertinent and non-privileged records within two days.
Credible News Nigeria, earlier reported that President Bola Tinubu legal team filed a suite restraining the United States District Court from releasing Tinubu’s academic records at Chicago State University to Atiku Abubakar.
It was gathered that the documents requested by Atiku through his attorney, Angela Liu, include Tinubu’s academic record, dates of attendance, degrees, honours, and awards received at the institution.
However, the president’s legal representatives had argued that a district court should examine Gilbert’s earlier ruling.
The coordinator of the Tinubu Presidential Legal Team, Babatunde Ogala, said that what they requested was a review and not an appeal, as was being propagated in the media in a phone interview with The Punch from his base in the United States.
Ogala (SAN) stressed that the US magistrate does not have the authority to order the university to divulge non-privileged information, adding that he can only make a recommendation to do so. This served to further support his argument.
His words: “As I am talking to you, I am in America and on top of this matter. Our people are just making issues out of nothing. What did the magistrate do? I think we need to understand the American procedure.
”The magistrate is to make a recommendation to the district judge and not to give a final order. No, he cannot. He has no such power. And that is what we are saying to the district judge. They are to make a recommendation, which must be within 48 hours.
“In anyway, what is the issue here? Whatever you said you wanted, the court said ‘release non-privileged’. After all, they have confirmed that the man attended their school, and got his letter of admission as well as first, second, third, and fourth semester results.
”They have admitted it is their certificate, and you (court) are now coming to say they should release the information. For what exactly? They brought his application for admission.
“What we are even saying is this. We are not filing an appeal but asking for a review against Monday for the judge to pronounce. We are providing the judge with additional information to say the person they have granted this order was granted purportedly because he said that he wants to use it to pursue his litigation in Nigeria.
”There is nothing to appeal as it does not show anything to suggest that he is bringing anything from America. Is that not fraudulent? That’s our contention,” he said.
