A United States court has agreed to stay an order directing Chicago State University to provide the academic documents of President Bola Tinubu to the legal team of former Vice President Atiku Abubakar.
Judge Nancy Maldonado accepted the order when the case came for hearing up late Thursday night following the filing of an emergency motion by Tinubu’s lawyers seeking a delay in the implementation of the self-effectuating order directing the CSU to comply with Atiku’s subpoenas till Monday.
The court had on Tuesday ordered CSU to release all relevant and non-privileged documents to Atiku within 48 hours.
However, Tinubu’s lawyers had argued that the Gilbert order should be reviewed by a district judge.
Coordinator of Tinubu Presidential Legal Team, Babatunde Ogala, said they want a review and not an appeal as it is being misrepresented in the media.
Ogala said the US magistrate lacks the power to order the university to release non-privileged information, adding that he can only make a recommendation.
“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 any way, 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.
Meanwhile, the review and delay sought by Ogala till Monday was granted by the US district judge during an emergency hearing,
Judge Maldonado said mindful of the legal deadlines in Nigeria, she would rule on the matter as quickly as possible.
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.”
