Tinubu appeals US court order directing CSU to release his academic records

  Tinubu appeals US court order directing CSU to release his academic records

 President Bola Tinubu has filed
an appeal against an order of a US court directing the Chicago State University
(CSU) to release his academic records to Atiku Abubakar, presidential candidate
of the Peoples Democratic Party (PDP).

Abubakar had approached the
court, seeking to compel the university to grant his request on the grounds
that the documents would strengthen his suit challenging Tinubu's electoral
victory.

On September 19, Jeffrey Gilbert,
a US magistrate judge, granted the request and ordered CSU to release Tinubu's
academic records within 48 hours.

However, on September 21, Tinubu
filed a motion seeking to extend the deadline and stay the execution of the
magistrate's order on several grounds.

He had claimed that he was not
given a fair hearing since he was not joined as a party in the suit.

The president also challenged the
jurisdiction of the magistrate to issue a final order on the reliefs sought by
his opposition.

During an emergency hearing on
Thursday, Nancy Maldonado, US district judge, agreed to extend the deadline.

In the fresh appeal filed on
Monday, Tinubu claimed that Abubakar 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 (Abubakar) cannot use the academic
records before the supreme court in Nigeria.

"Here, the second
jurisdictional requirement - that the discovery sought is "for use"
in election challenge pending in the Nigerian election court is absent because
the applicant cannot submit the information sought," Tinubu argued.

"For the same reasons, the
second discretionary factor - the character and nature of the foreign tribunal
and that tribunal's receptivity to US judicial assistance - weighs strongly
against applicant's discovery because the Nigerian courts already stated they
will not consider the evidence due to applicant's failure to plead his claim in
the petition."

Source:   Tinubu appeals US court order directing CSU to release his academic records

 - NigerianEye
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