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From Godwin Tsa, Abuja
President Bola Tinubu has filed an application with the District Court to stop the Chicago State University from releasing his academic records to former Vice President Atiku Abubakar.
A United States Magistrate Court had made an order directing the Chicago State University to within 48 hours release Tinubu’s academic records to the presidential candidate of the PDP.
However, in a fresh motion, Tinubu alleged that the Magistrate breached the constitution by acting as a final court in such matters of discovery.
The president contended that a Magistrate should only report and recommend to the district judge in such matters.
Tinubu further argued that the Magistrate court had issued what seemed to be a final order on September 19, demanding immediate compliance starting on September 21.
“Intervenor asks this court to enter an immediate order delaying the effect of the Magistrate’s order, at least until Monday, September 25, 2023, so the court may fully consider both the scope of the Magistrate’s authority to issue the order without review and the issue of whether the Magistrate’s order was a correct application of the law to the facts presented.”
He requested the court to delay the effect of the Magistrate’s order until September 25, 2023, to fully consider the order’s scope and its application of the law to the facts presented.
In the motion filed by his lawyer, Mr. Carmichael, Tinubu emphasised that other courts, considering the authority of Magistrate to rule on Section 1782 applications opted for issuing reports and recommendations.
“Intervenor raises a substantial question about the Magistrate’s authority to resolve the Section 1782 petition and order immediate compliance by Chicago State University.
“‘If Chicago State University complies with the Magistrate’s order prior to this Court having an opportunity to review the order, Intervenor will suffer prejudice because the information will have been disclosed and effective relief will be impossible.
“The order requires the documents to be produced today. (Dkt. 40, pg. 31.)
“By contrast, Tinubu maintained that he has at least until September 27 to submit material, if not longer, and, as the Magistrate commented, the “tight timeframe” was created “in no small part” by applicant. (Dt. 40, pg. 28.) “That leaves enough time for the Court to review the ruling and, if discovery were permitted to proceed, for the applicant to still obtain the information sought,” the documents read.
