President Bola Tinubu has asked the District Court to block the implementation of the United States Magistrate Court’s order requiring Chicago State University to give Abubakar Atiku’s academic records.
Atiku is a candidate for the Peoples Democratic Party (PDP) presidency. Chicago University has been given 48 hours by the magistrate court to enable Atiku access to Tinubu’s files.
But on Thursday, Tinubu claimed in a new application that the magistrate had violated the Constitution by serving as a final judge in such discovery cases.
He argued that in such cases, a magistrate should merely report to and make recommendations to the district judge.
The magistrate court, according to Tinubu, had issued what appeared to be a final judgement on September 19 that demanded immediate compliant.
“Intervenor asks this court to enter an immediate order delaying the effect of the magistrate’s order, at least until Monday, September 25, 2023, so the court may fully consider both the scope of the magistrate’s authority to issue the order without review and the issue of whether the magistrate’s order was a correct application of the law to the facts presented.”
Credible News Nigeria reports that in order to thoroughly evaluate the order’s scope and its application of the law to the provided facts, he asked the court to postpone the impact of the magistrate’s ruling until September 25, 2023. Tinubu stressed that other courts, taking into account the authority of magistrates to rule on Section 1782 applications, opted for issuing findings and recommendations in the motion submitted by his attorney, Mr. Carmichael.
READ ALSO:
- Chicago State University Confirms Tinubu Graduated with 12As 4Bs and 1C in 1979, See the Transcripts.
- Chicago State University Temporarily Locks Twitter Amidst Controversy Over Tinubu’s Academic Records
“Intervenor raises a substantial question about the Magistrate’s authority to resolve the Section 1782 petition and order immediate compliance by Chicago State University.
“‘If Chicago State University complies with the Magistrate’s order prior to this Court having an opportunity to review the order, Intervenor will suffer prejudice because the information will have been disclosed and effective relief will be impossible.
“The order requires the documents to be produced today. (Dkt. 40, pg. 31.)
“By contrast, Tinubu maintained that he has at least until September 27 to submit material, if not longer, and, as the Magistrate commented, the “tight timeframe” was created “in no small part” by applicant. (Dt. 40, pg. 28.)
“That leaves enough time for the Court to review the ruling and, if discovery were permitted to proceed, for the applicant to still obtain the information sought.
“Due to the timing for compliance by Chicago State University — later today ~ Intervenor is filing this motion separately from its challenge to the Magistrate’s ruling on the application. Intervenor intends to file, by the end of the day, a substantive brief addressing the errors in the magistrate’s decision.
“Intervenor requests that the Court defer compliance by Chicago State University until Monday, which will provide both an opportunity to review the Magistrate’s ruling, and, if ordered, to allow the discovery to proceed before September 27.
“For example, a production could accur on Tuesday morning, be followed by a deposition in the afternoon, and a court reporter can provide a rough or real time transcript that evening.
“Counsel for intervenor, Christopher W. Carmichael, communicated with counsel for applicant, Alexandre de Gramont, who opposes the motion.
“Wherefore, intervenor prays that the court grant the emergency motion and delay compliance with the magistrate’s September 19, 2023 order until the end of the day Monday, September 25, 2023”, the documents read.
The Special Advisor on Media and Publicity to the former Vice President, Mr. Paul Ibe, saw Tinubu’s motion and acknowledged its receipt. Ibe, on the other hand, saw Tinubu’s move as a delay attempt to drag down the disclosure of academic records before the Supreme Court starts hearing Atiku’s appeal against the President Election Petition Tribunal’s ruling from September 6.
