Atiku Abubaka in the Pursuit of Smoke

Tinubu in the presidential villa

There have been allegations of discrepancies in Tinubu’s academic records. It first started with allegations that he did not attend Chicago State University (CSU) as he claimed. Tinubu’s credentials show that he graduated from CSU in 1979 with a bachelor’s degree in business administration, accounting and management.

The dust on the matter was settled when CSU released a statement confirming that Tinubu attended and graduated from the institution. It, however, said US federal law prevents the institution from providing “any further information” about Tinubu without his consent or court order.

Hence, Atiku approached a US court in the northern district of Illinois seeking an order compelling CSU to release Tinubu’s academic records.

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Atiku and Obi had told the PEPT that Tinubu distorted his age and has conflicting academic and personal records; and that his academic records, if released by CSU, would settle the controversy and aid the tribunal. However, Atiku could not get a court order for CSU to release the documents before the tribunal gave its judgment.

ATIKU’S SEARCH FOR ‘FIRE’ IN US

Tinubu and Atiku before the presidential election

In the suit filed in the US, Atiku requested that CSU furnish him with the following records: an example of a Chicago State University diploma issued in 1979, Tinubu’s diploma certificate issued in 1979, an example of a Chicago State University diploma that “contains the same font, seal, signatures, and wording as contained in Exhibit C to the First Liu Declaration, which purports to be a CSU diploma issued to Mr Tinubu on or about June 22, 1979”, CSU documents certified and produced by Jamar Orr, an associate general counsel at CSU at the time.

The former VP requested the documents on the claim that the records Tinubu submitted to INEC were not his original certificates and that they had been altered, and that is grounds to nullify Tinubu’s election victory.

On September 19, Jeffery Gilbert of the US magistrate court granted Atiku’s request and ordered CSU to turn in Tinubu’s records within 48 hours.

Two days later, on September 21, Tinubu filed a motion seeking to stop CSU from releasing his records to Atiku. In the application before a federal judge, Tinubu asked to be joined in the suit because it is his personal information that is being sought.

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The president equally questioned the authority of the magistrate to issue the order against CSU while also asking the order of the court to not be given effect until his application is determined.

In an emergency hearing that same day, Nancy Maldonado, a US district judge, agreed to extend the deadline and asked both parties to present additional arguments on September 28.

In the fresh appeal filed on Monday, Tinubu claimed that Atiku did not meet the jurisdictional requirement for the court to grant the reliefs he sought. He said contrary to the PDP candidate’s claim that the documents sought would support his suit challenging the presidential election, the applicant (Atiku) cannot use the academic records before the supreme court in Nigeria.

APPEAL DEADLINES

Section six of the election judicial proceedings practice directions, 2022, (practice direction issued by the court of appeal) provides that a notice of appeal shall be filed at the registry of the tribunal or court of appeal within 21 days in respect of a final decision, and 14 days in respect of interlocutory rulings.

However, section two of the supreme court election appeals practice directions, 2023, stipulates that an appellant shall file in the registry of the court of appeal, notice and grounds of appeal, within 14 days from the date of delivery of judgment appealed against.

That means that Atiku had till September 20 to file his appeal — which he did on September 18.

The implication of this deadline on a surface level is that Atiku can no longer present any evidence he gathers at the supreme court.

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