A befuddled Judge Jeffrey Gilbert of the United States District Court for the Northern District of Illinois on Tuesday reserved judgment on the subpoena application for Bola Tinubu's records after learning that the Nigerian president's college transcript, which he used to gain admission into Chicago State University (CSU) in 1977, indicated it belonged to a female.
The judge said he was prepared to rule on the matter when he scheduled a hearing for September 12, but he needed additional time to digest his decision after learning that there was a transcript bearing Bola A. Tinubu released by CSU under a separate court subpoena that carried the owner's gender as female.
The female issue was raised by Mr. Tinubu's lawyer, Christopher Carmichael, who tried to use it to demonstrate the frivolity of the case before the court, dismissing it as a fishing expedition based entirely on a conspiracy theory being peddled in Nigeria by Mr. Tinubu's political detractors.
"It is like Donald Trump coming up in 2010 to claim that Barack Obama was not born in the United States," Mr. Carmichael said.
But Alexandre de Gramont, lawyer to plaintiff Atiku Abubakar, quickly informed the court that the possibility of Bola Tinubu, who attended CSU in the same 1970s, being a woman was first revealed in records produced by the school itself. The school had, in mid-2022, submitted Mr. Tinubu's records in its possession while complying with a state court subpoena.
The records, handed over to Nigerian civil rights lawyer Mike Enahoro-Ebah, showed that Bola A. Tinubu was admitted into CSU in 1977 based on a transcript from Southwest College Chicago that was marked as belonging to a female.
Judge Gilbert became confused after CSU lawyer Michael Hayes confirmed that the school had indeed turned in records to Mr. Enahoro-Ebah in 2022 but insisted that Mr. Tinubu, the Nigerian president, was the one who attended and graduated from the school.
Mr. Hayes, however, said he could not explain the contradictions, and the school's administrators would not be able to state under oath that the certificate Mr. Tinubu has been parading was genuine or otherwise.
"Is the diploma authentic or is it a forgery? My client can't answer yes to either of those questions," Mr. Hayes said of Mr. Tinubu's certificate that he submitted to be Nigeria's president.
Consequently, a confused Judge Gilbert said he would need additional time to process the confusion, especially given Mr. Hayes' confirmation of the records released last year by CSU.
"I will have to take this matter under advisement," the judge said, adding that his court would communicate a new judgment or hearing date with counsel to all parties. The judge said additional documents or clarification about already submitted documents may be required from the parties.
Mr. Gilbert's docket was updated at night on September 12, hours after the judgment, and also confirmed that the matter is "taken under advisement for the reasons stated on the record."
Judge Gilbert had earlier in the hearing said the court has always taken a liberal and broad view in granting similar requests under Section 1782, a statute that allows the release of documents and evidence domiciled in the U.S. to be obtained and used in a foreign proceeding, especially with countries that have legal reciprocity arrangements with the U.S. like Nigeria.
Mr. Abubakar, the plaintiff and presidential candidate of the February polls, seeks the subpoena to clarify outstanding questions regarding Mr. Tinubu's background, particularly the age, gender, and citizenship status under which he was admitted to CSU, records he said he wanted to use to prove his case that Mr. Tinubu should not be Nigeria's president because he submitted a forged certificate to the electoral office INEC in violation of Nigeria's Constitution.
The confusion surrounding Bola Tinubu's records case continued to grow as Judge Jeffrey Gilbert of the United States District Court for the Northern District of Illinois reserved judgment. The judge had initially planned to rule on the matter during a hearing on September 12 but needed more time to consider his decision. This delay was prompted by the revelation that a subpoenaed college transcript belonging to Bola Tinubu indicated the owner's gender as female.
Tinubu's lawyer, Christopher Carmichael, seized on this revelation as an opportunity to dismiss the case as a frivolous fishing expedition. He likened it to the conspiracy theory propagated by Donald Trump in 2010, claiming that Barack Obama was not born in the United States. Carmichael argued that the gender discrepancy was simply a ploy employed by Tinubu's political detractors in Nigeria.
However, Atiku Abubakar's lawyer, Alexandre de Gramont, swiftly informed the court that the possibility of Tinubu being a woman had first been revealed in records submitted by Chicago State University (CSU) itself. These records, obtained in compliance with a state court subpoena, showed that Tinubu was admitted to CSU in 1977 based on a transcript from Southwest College Chicago, which indicated a female owner. This revelation left Judge Gilbert perplexed.
CSU lawyer Michael Hayes confirmed that the university had indeed released records to Nigerian civil rights lawyer Mike Enahoro-Ebah in 2022 but insisted that it was Tinubu, the Nigerian president, who had attended and graduated from the institution. Hayes was unable to explain the contradictions within the records and stated that the school's administrators could not testify under oath as to the authenticity of the diploma Tinubu had presented as evidence of his education.
This confusion left Judge Gilbert in a predicament, and he expressed the need for more time to process the conflicting information. The judge indicated that additional documents or clarification would likely be required from all parties involved. The court would communicate a new judgment or hearing date once this information had been reviewed and considered.
The judge's docket was updated later that evening, confirming that the case was "taken under advisement for the reasons stated on the record." This meant that a decision would not be made immediately, and the judge would further deliberate the matter.
Earlier in the hearing, Judge Gilbert had emphasized the court's liberal and broad view in granting similar requests under Section 1782. This statute allows the release of documents and evidence held in the U.S. to be used in foreign proceedings, especially with countries that have legal reciprocity arrangements with the U.S. like Nigeria.
Atiku Abubakar, the plaintiff in this case and a presidential candidate, sought the subpoena to shed light on unanswered questions regarding Tinubu's background. Specifically, Abubakar wanted to clarify Tinubu's age, gender, and citizenship status, which he argued were crucial to his case that Tinubu should not be Nigeria's president due to submitting a forged certificate to the electoral office INEC, in violation of the country's constitution.
With judgment reserved, the case hung in limbo as both sides anxiously awaited the court's decision. The outcome would undoubtedly have far-reaching implications for Nigeria's political landscape.
•Source: Peoples Gazette
