By Oluwayanmife Ayobami
President Bola Tinubu has filed an application with the District Court to halt the implementation of a United States Magistrate Court’s order.
The order directed Chicago State University to release Tinubu’s academic records to Abubakar Atiku, the presidential candidate of the Peoples Democratic Party (PDP).
Tinubu argues that the magistrate court breached the constitution by acting as a final court in matters of discovery and contends that a magistrate’s role should be limited to reporting and recommending to the district judge.
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Magistrate can issue final court order
He further claims that the magistrate court issued a seemingly final order on September 19, demanding immediate compliance starting on September 21.
In his motion, filed by his lawyer Mr. Carmichael, Tinubu emphasizes that other courts, when considering the authority of magistrates to rule on Section 1782 applications, have opted for issuing reports and recommendations.
Tinubu raises concerns regarding the potential prejudice he may suffer if the order is immediately executed, as he would be unable to seek effective relief.
Delay it until September 25
The motion requests the court to delay the effect of the magistrate’s order until September 25, 2023, to allow for a thorough consideration of the order’s scope and its application of the law to the presented facts.
Tinubu believes that this timeline would allow the court sufficient time to review the ruling and would still enable him to obtain the sought-after information if discovery were permitted to proceed.
Mr. Paul Ibe, the Special Adviser on Media and Publicity to Abubakar Atiku, confirmed the receipt of Tinubu’s motion.
However, he regarded it as a delay tactic aimed at slowing down the release of academic records ahead of the Supreme Court’s hearing on Atiku’s appeal against the President Election Petition Tribunal’s September 6 judgement.
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Chicago State University agrees to release President Tinubu’s credentials
Meanwhile, Chicago State University (CSU) has indicated that they are willing to release the academic records of President Bola Tinubu if a United States court grants the order.
The move comes after Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP), sought a court order compelling CSU to release Tinubu’s academic records.
Tinubu’s credentials indicate that he graduated from CSU in 1979 with a bachelor’s degree in business administration, accounting, and management.