Babatunji Wusu –
President Bola Tinubu hurriedly filed an emergency application with the District Court on Thursday to block the execution of the United States Magistrate Court’s order directing Chicago State University (CSU) to release his academic records to the Peoples Democratic Party (PDP) presidential candidate, Abubakar Atiku.
The magistrate court gave Chicago University until Thursday night, Chicago time, to provide Atiku access to Tinubu’s archives.
Tinubu, who appeared uneasy with the court’s decision, claimed in a new motion on Thursday that Judge Jeffrey Gilbert had violated the constitution by serving as the last judge in discovery cases.
In the contentious February 25 presidential election, President Tinubu, the All Progressives Congress (APC) candidate, argued that a magistrate should only report to and make recommendations to the district judge in such cases.
In addition, Tinubu claimed that on September 19, the Magistrate court had issued what appeared to be a final order requiring immediate compliance beginning on September 21.
“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,” he said.
In order to thoroughly evaluate the order’s breadth 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 emphasized that other courts, taking into account the Magistrate’s ability to rule on Section 1782 applications, chose to issue reports and recommendations in the motion submitted by his attorney, Mr. Carmichael.
The intervenor questions the magistrate’s power to decide the Section 1782 petition and require Chicago State University to comply right away.
“‘Intervenor will suffer prejudice since the information will have been released and meaningful redress will be impossible if Chicago State University complies with the Magistrate’s order before this Court has the chance to examine the order.
“The documents must be produced today in accordance with the order. (Dkt. 40, pg. 31.)
While the Magistrate noted that the applicant was “in no small part” to blame for the “tight timeframe,” Tinubu insisted that he has till September 27 at the very least to present his materials. (Dt. 40, pg. 28.)
“That gives the Court adequate time to examine the decision and, if discovery were allowed to continue, for the applicant to still get the material requested.
“Intervenor is bringing this motion separately from its challenge to the Magistrate’s decision on the application due to the timing for compliance by Chicago State University—later today. The intervenor plans to submit a substantive brief before the end of the day that addresses the mistakes in the magistrate’s ruling.
“Intervenor proposes that the Court postpone compliance by Chicago State University until Monday. This will give the parties time to evaluate the Magistrate’s decision and, if necessary, for the discovery to continue before September 27.
For instance, a production might happen on Tuesday morning, followed by a deposition in the afternoon, and a court reporter could offer a preliminary or real-time transcript that evening.
“Alexandre de Gramont, the attorney for the applicant, who is opposed to the motion, spoke with Christopher W. Carmichael, the attorney for the intervenor.
Accordingly, the intervenor requests that the court allow the emergency application and postpone the execution of the magistrate’s order until the close of business on Monday, September 25, 2023.
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 plea as a delay strategy to prevent the publication of academic records before the Supreme Court starts hearing Atiku’s appeal against the President Election Petition Court’s ruling from September 6.
“Tinubu is hiding something in his records at Chicago State University and elsewhere, and this should now be clear to the blind as well. I sincerely hope that whatever it is won’t be so big that it gives Nigerians heart attacks. Nigerians would soon be able to discover Atiku’s genuine standing in relation to Tinubu’s CSU records. Just a matter of time, said Atiku’s assistant.
