Tinubu Alleges Atiku's U.S. Court Pursuit Is a Fishing Expedition

President Bola Tinubu has called upon the United States District Court for the Northern District of Illinois, Eastern Division, to overturn a recent order that required Chicago State University (CSU) to release his academic records to his political rival, Atiku Abubakar of the Peoples Democratic Party (PDP).

Tinubu's argument centers on the assertion that Magistrate Jeffrey Gilbert, who issued the order on September 19, lacked the authority to do so under Section 1782 of the US Statute. He has requested that Honourable Nancy L. Maldonado reject Atiku's application.

This request is part of Tinubu's response to Atiku's counterarguments against his initial objection to Magistrate Gilbert's order in an application for discovery filed by Atiku. Tinubu's lawyer, Christopher Carmichael, contends that the magistrate made an error in granting the application and ordering CSU to comply with subpoenas for documents and a deposition. Carmichael insists that the ruling should be set aside and the application denied.

Carmichael argues that Atiku's quest for these documents is essentially a fishing expedition, as the documents can no longer be used in the ongoing appeal at the Supreme Court. The Nigerian courts have already deemed them inadmissible, and Carmichael points out that Section 1782 requires respecting the decisions of foreign courts, making the application invalid.

Furthermore, Tinubu disputes Atiku's claim that the order by Magistrate Gilbert is not final because it was made in furtherance of an underlying suit. Tinubu asserts that it was indeed a final decision requiring a review de novo.

Tinubu also highlights Atiku's admission that some of the documents being sought are for use in related proceedings, which implies that they are not necessary for the pending appeal at the Supreme Court. According to Tinubu, Section 1782 does not allow foreigners to authenticate documents they find in public records, and thus, the discovery Atiku seeks should not be permitted.

Tinubu emphasizes that granting Atiku access to his academic records would undermine the judgment of the Nigerian court and goes against principles of comity. He argues that foreign court decisions should not be nullified simply because the losing party can appeal in the foreign jurisdiction.

Regarding the authenticity of his certificate, Tinubu dismisses Atiku's doubts, pointing out that Chicago State University confirmed his graduation. He criticizes Atiku's skepticism, suggesting it is based on flimsy grounds.

The court is currently reviewing the filings from both parties and will issue a written ruling in due course. It is noted that the court will not consider any third-party submissions, limiting its review to the parties' briefs and the official docket record.