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Tinubu: US court proceedings on order discovery from CSU a national embarrassment – Chidoka
Osita Chidoka, former aviation minister and chieftain of the People’s Democratic Party (PDP), has noted that Sunday’s court proceedings in the United States on order discovery from the Chicago State University in the case filed by Atiku Abubakar against Bola Tinubu is a national embarrassment.
Chidoka who stated this in an article shared via his X account on Sunday, wondered by a country with a retinue of intelligence agencies, could not ascertain the authenticity of Tinubu’s academic records.
He wrote:
“I speak as a Nigerian. That it took the courageous activism of HE. Abubakar Atiku to force the discovery of information concerning the President of Nigeria is a disgrace to our national institutions.
As a nation, we have a full retinue of staff at the Department of the State Security, the National Intelligence Agency, the Independent National Electoral Commission, the Embassy of Nigeria with the full complement of staff in Washington DC and the Nigerian Judiciary that have variously ruled on matters concerning President Tinubu’s academic qualifications. Yet, we can not have a definitive conclusion about whether he has the academic qualifications he claimed he had or not. Disgraceful.
That all the aforementioned institutions allowed a man to be sworn in without definitive statements about his qualifications is a national tragedy. For 23 years the issue of President Tinubu has been a recurring decimal in our national equation. Under his reign, a current youth corps member is serving as Minister, and people under investigation by EFCC and made public are sitting in the Federal Executive Council. And they all passed through security screening.
The office of the President of Nigeria is so important both in its moral authority and its strategic importance to our national security and safety that nobody who has possible blind spots that can make him or her a potential asset for foreign intelligence or governments should be allowed a mile near that office. This should be a primary burden on all our national institutions. Legal technicalities and silence by state institutions should be deemed high treason.
It highlights my previous statement that a constitutional amendment to finish all electoral cases before the assumption of office is now a matter of urgent national priority. The current disgraceful proceedings against a Nigerian President in a foreign court under election petition matters are damaging to our collective moral and legal standing as a people.
If it turns out tomorrow that our President presented a forged certificate to INEC, Nigerians will bow down their heads globally in shame. On the other hand, if it turns out that his certificate is genuine, again our reputation as a people is still in tatters because of the failure of national institutions to perform due diligence no matter who is involved. On both counts it reinforces global perceptions and prejudice against Nigerians. We all bear the burden.
A forged certificate finding leaves President Tinubu in a vulnerable position morally and legally. As he did not present primary and secondary certificates to INEC, a forged CSU certificate makes him unqualified to stand for the office of President as he does not possess the minimum qualification S.131(D) of the 1999 Constitution as amended. of course, the next issue is the case of perjury, the presentation of false documents under oath.
How INEC, accepted a university degree without the qualifying certificates would continue to be a national mystery. A language in our electoral legislation to forestall such obvious infractions is required.
The decision of the District Court and the whole proceedings is not a moment of triumphalism but a sober moment of introspection. It is a moment when as a nation we ask ourselves:
What are our national values?
Who or which institution should have ordered the full investigation of the questionable certificate?
Considering that he did not present a primary or secondary certificate should our courts be concerned with the technicality of the tendering process of the CSU certificate or the disgrace and global moral damage a forged certificate would wrought on Nigeria?
Why did our national security system not conduct a discrete investigation and advise the candidate and INEC about the status of his certificate?
A few years ago The DSS, in an act of institutional independence and courage, wrote to the Senate to reject Police Commissioner Magu as EFCC Chairman not minding his nomination by a sitting President. This was based on their intelligence report of his nefarious conduct that pales into insignificance against a possible forgery case by a President. Why the silence now?
For me, the issue is beyond legalism. If and that is a big if, the certificate is forged, President Tinubu should resign immediately. It is not a legal matter but a national honour and moral issue. If he does not, the National Assembly should do the needful to restore our dignity as a people. I also expect the Supreme Court to rise to the occasion and restore order to our electoral process.
If the certificate is not forged, the President should conduct a wide-ranging reorganisation of our national security system for failure to save the country from this needless embarrassment and reputational damage.
On either count, the National Assembly should start a constitutional amendment process to end all election judicial challenges before the assumption of office of all elected persons at all levels.
A reform of the judiciary to introduce an automated case assignment system, the introduction of a transparent process for recruitment of judges, and the public display of evaluation of judges’ performance annually using the agreed framework to increase public oversight of judicial officers and improve the administration of justice. The growing unanimity in arriving at decisions in our courts is disturbing.
The bold challenge of President Tinubu by HE Abubakar Atiku in the US is the most prominent sign of state failure. It is depressing but maybe it is an inflection point to alter the character of the Nigerian state to live up to the words of the second stanza of our old national anthem
Our flag shall be a symbol
That truth and justice reign
In peace or battle honour’d,
And this we count as gain,
To hand on to our children
A banner without stain.”
Recall that the United States District Court in Northern District of Illinois had on Sunday, ruled in favour of Abubakar, the presidential candidate of the Peoples Democratic Party, and ordered the Chicago State University to release President Tinubu’s academic record by Monday.
Atiku, a former vice president, had earlier secured an order from a US magistrate for CSU to make Tinubu’s academic records available to his legal team.
The magistrate, Jeffrey Gilbert, had ordered Tinubu’s alma mater to provide all relevant and non-privileged documents to Atiku’s legal team within two days.
The documents sought by the PDP candidate, through his counsel, Angela Liu, include Tinubu’s record of admission and acceptance at the Chicago State University, dates of attendance as well the degrees, awards, and honours obtained by Tinubu from the CSU.
But as the deadline given by the magistrate drew nearer, Tinubu’s lawyers approached the US high court, arguing that the earlier decision by the magistrate needed to be reviewed by a district judge.
The request for a review and delay of the magistrate’s order till Monday was eventually granted by the US district judge.
Tinubu’s application, filed by his New York-based lawyer, Oluwole Afolabi, advanced two reasons.
First is that his academic records in issue are not useful in Nigerian courts as claimed by Atiku because “the Nigerian election proceedings and the Nigerian courts have explicitly been unreceptive to the discovery.”
His second reason is that Atiku’s request “is unduly intrusive because it allows the applicant (Atiku) to conduct a fishing expedition into the intervenor’s private, confidential, and protected educational records.”
The former vice president in a fresh response filed last Wednesday, in Chicago, Illinois, charged the court to overrule Tinubu’s request in its entirety.
In a fresh judgment on Sunday, Maldonado noted that CSU did not object to Judge Jeffery Gilbert’s decision that the academic record be made public.
The court held that Atiku’s interest outweighs any intrusion on Tinubu’s privacy interests in his educational records.
The judge overruled Tinubu’s objections to the ruling by the magistrate ordering CSU to make his academic records available to Atiku.
Judge Gilbert also adopted the magistrate’s ruling in full.
The memorandum opinion and order read in part: “For the foregoing reasons, the court overrules President Tinubu’s objections to Magistrate Judge Gilbert’s recommended ruling, and therefore, adopts the ruling in full.
“Mr Atiku’s Application is, therefore, granted. In light of the pending Supreme Court of Nigeria deadline, represented to the court as October 5, 2023, and based on CSU’s representations that it is ready to comply with the discovery requests and produce a witness, the court sets an expedited schedule for completion of discovery.
“Respondent CSU is directed to produce all relevant and non-privileged documents in response to Requests for Production Nos. The Rule 30(b)(6) deposition of CSU’s corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023. Given the October 5, 2023, filing deadline before the Supreme Court of Nigeria, the court will not extend or modify these deadlines.
However, the judge stressed that his verdict “is expressing no view on the merits of Mr. Abubakar’s underlying claims regarding President Tinubu or his graduation from CSU, or on the validity of the Nigerian election. Nor is the court taking any position on what any of the documents or testimony from CSU may or may not ultimately show.”
“The court simply finds, on the narrow question before it, that Mr Atiku is entitled to the production of documents and testimony that he seeks from CSU,” he said.
