Tinubu files motion to stop Chicago University from releasing his academic records to Atiku

President Bola Tinubu has applied to the District Court to halt the implementation of the United States Magistrate Court’s order directing Chicago State University to release his academic records to Peoples Democratic Party (PDP) presidential candidate Abubakar Atiku.

The Chicago University had been given 48 hours by the magistrate court to hand over Tinubu’s records to Atiku.

On Thursday though, Tinubu filed a new application claiming that by acting as a final court in discovery proceedings, the magistrate had violated the constitution.

He argued that a magistrate’s role in such cases should be limited to making recommendations to the district court.

Tinubu continued to insist that the magistrate court’s September 19 order was binding and mandatory as of September 21.

In order to fully consider whether or not the magistrate’s order was a correct application of the law to the facts presented, the intervenor has asked the court to immediately enter an order delaying the effect of the order until at least Monday, September 25, 2023.

He asked the court to put off enforcement of the magistrate’s order until September 25, 2023, so that he might have more time to review the ruling and argue that the magistrate correctly applied the law to the facts.

Tinubu’s attorney, Mr. Carmichael, submitted a motion arguing that the court should issue a report and recommendation instead of a ruling on the application under Section 1782.

Chicago State University’s compliance with the Magistrate’s direction to resolve the Section 1782 petition and require prompt compliance is called into doubt by the Intervenor.

To paraphrase the order, it reads as follows: “‘If Chicago State University complies with the Magistrate’s order before this Court has an opportunity to consider the order, Intervenor will incur prejudice since the information will have been released and effective relief will be unavailable.

The docs are due today per the order. (Dkt. 40, pg. 31.)

The Magistrate remarked that the “tight timeframe” was established “in no small part” by applicant, while Tinubu insisted that he has until at least September 27 to present material, if not longer. (Dt. 40, pg. 28.)

There will be enough time for the Court to review the order and for the applicant to still receive the information sought (assuming discovery is allowed to proceed).

Because Chicago State University’s deadline for compliance is later today, Intervenor is submitting this motion in addition to its challenge to the Magistrate’s finding on the application. By the end of the day, Intervenor plans to submit a substantive brief challenging the magistrate’s ruling.

According to the intervenor, “Monday will provide both an opportunity to review the Magistrate’s ruling and, if ordered, will allow the discovery to proceed before September 27.” The court has been asked to grant this request so that the discovery can be conducted by September 27.

It is possible to have a production on a Tuesday morning, a deposition in the afternoon, and a rough or real-time transcript that night, all with the help of a court reporter.

Attorney for the applicant, Alexandre de Gramont, who is fighting the petition, and Christopher W. Carmichael, who is representing the intervenor, have been in touch.

It is stated in the papers that “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 former Vice President’s Special Adviser on Media and Publicity, Mr. Paul Ibe, saw Tinubu’s motion and acknowledged its receipt.

When Atiku filed an appeal against the President Election Petition Tribunal’s September 6 verdict, Ibe saw Tinubu’s petition as a stalling tactic to drag down the release of academic records.