Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP) in the previous election, has urged the US court to overrule President Tinubu’s objections to the release of his academic records.
Abubakar petitioned the US court for the Northern District of Illinois.
He requested that the court overrule Tinubu’s objections to the release of his academic records from Chicago State University (CSU).
Tinubu had appealed against the court’s order directing CSU to release his academic records to Abubakar.
The president argued that he should have been joined in the suit since it involved his personal information.
Tinubu’s lawyers also contended that Abubakar’s actions amounted to a “fishing expedition” since the deadline for the use of fresh documents in Nigerian courts had expired.
The election judicial proceedings practice directions, 2022, stipulate that a notice of appeal should be filed within 21 days for a final decision and 14 days for interlocutory rulings.
However, the supreme court election appeals practice directions, 2023, specify that an appellant should file a notice and grounds of appeal within 14 days from the date of the judgment.
Abubakar filed his appeal on September 18, just two days before the deadline of September 20.
This was after the presidential petition election tribunal delivered its judgment on September 6.
Supreme Court of Nigeria could consider new evidence
In a recent application to the US court, dated September 27, Abubakar argued that the documents he sought could still be used in election litigation in Nigeria.
He requested the court to overrule Tinubu’s objections entirely.
Abubakar also stated that the Supreme Court of Nigeria could consider new evidence in “exceptional circumstances” under the Nigerian Electoral Act of 2022 and at its discretion.
“The court should overrule the objections in their entirety,” the application reads.
“If the court overrules the objections, applicant respectfully requests that it enter an order requiring production of documents no later than October 2, 2023, and the deposition scheduled no later than October 3, to allow time for transcripts to be finalized.”
Abubakar said “the discovery obtained” should “be sent to Nigeria (which is six (6) hours ahead) by October 4 so that such evidence may, in turn, be filed with the Supreme Court by October 5, which is when applicant’s Nigerian counsel intend to submit any new evidence to the Supreme Court”.
Abubakar also argued that “the Supreme Court of Nigeria can consider new evidence in ‘exceptional circumstances’ under the Nigerian Electoral Act of 2022 and/or in its discretion”.
Tinubu’s academic records show that he graduated from CSU in 1979 with a bachelor’s degree in business administration, accounting, and management.
However, there have been allegations of discrepancies with his certificate.
Abubakar reiterated these discrepancies in his application, citing differences between the dates and other features on two diplomas submitted by Tinubu.
Abubakar’s application urged the court to compel the production of documents by October 2, with the deposition scheduled for October 3, allowing time for transcripts to be finalized and evidence to be filed with the Supreme Court by October 5.
