Erstwhile minister of aviation, Mr Osita Chidoka, has rapped Department of the State Services (DSS), the National Intelligence Agency (NIA), the Independent National Electoral Commission (INEC), the Nigerian judiciary and the Nigerian Embassy with the full complement of staff in Washington DC for failing .to make “definitive conclusion” about whether President Bola Tinubu has the academic qualifications he claimed he had or not. Disgraceful.
Chidoka stated this in a release while reacting to the order by the United States District Court in Northern Illinois which gave the Chicago State University (CSU) 48 hours starting from Saturday to release Tinubu’s academic records to the candidate of the Peoples Democratic Party (PDP) in the February 25, 2023 presidential election, Mr Atiku Abubakar.
“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 Economic and Financial Crimes Commission (EFCC) and made public are sitting in the federal executive council. And they all passed through security screening.”
“I speak as a Nigerian. That it took the courageous activism of Abubakar Atiku to force the discovery of information concerning the President of Nigeria is a disgrace to our national institutions. Disgraceful,” he said.
Recall that in her ruling on Saturday, September 30, Ms Nancy Maldonando dismissed Tinubu’s objection to the 20 September decision of a magistrate judge of the court, Mr Jeffery Gilbert.
She fully affirmed Gilbert’s ruling ordering the CSU to release Tinubu’s academic records as requested by Atiku. She insisted Atiku had the right to have access to the records.
“For the reasons stated in the Court’s accompanying Memorandum Opinion and Order, the Court overrules President Tinubu’s objections (44] and adopts Judge Gilbert’s recommended decision [40] in full.
“The Court therefore grants Mr. Abubakar’s application under 28 U.S.C. § 1782. [1],” Ms Maldonado ruled.
She said the CSU must complete all necessary filings with regard to the release by 5 p.m. on Tuesday.
“Respondent CSU is directed to produce all relevant and non-privileged documents in response to Requests for Production Nos. 1 through 4 (as narrowed by Judge Gilbert and adopted by the District Court in its opinion) in Mr. Abubakar’s subpoena, by 12:00 p.m. (noon) CDT, on Monday, October 2, 2023.
“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,” the court ordered.
The court ordered CSU to release four sets of documents relating to Tinubu as requested by Atiku.
They are true and correct copies of:
*An exemplar of a Chicago State University diploma issued to President Tinubu in 1979;
*Tinubu’s diploma issued in 1979;
*Any exemplar of a Chicago State University diploma that “contains the same font, seal, signatures, and wording as contained in Exhibit C to the First Liu Declaration, which purports to be a CSU diploma issued to Mr Tinubu on or about June 22, 1979″ and
* The CSU documents that were certified and produced by Jamar Orr (an associate general counsel at CSU) as well as communications relating to these documents.
Maldonado said she was only affirming Atiku’s right to have access to the CSU documents, not confirming the merit of his allegations against the Nigerian president or his comments on the validity of the country’s presidential election.
“In reaching this conclusion, the Court emphasises that it 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 Abubakar is entitled to the production of documents and testimony that he seeks from CSU,” a summary of the judgement read in part.
“No more order of stay’
Given the time constraints Atiku has to file the CSU documents at Nigeria’s Supreme Court, Maldonado cautioned Tinubu not to bother applying for a stay of the order, as such application would be denied.
She said his only option is to take up such an application for a stay of execution at the US Court of Appeals.
“Given the October 5, 2023 filing deadline before the Supreme Court of Nigeria, the Court will not extend or modify these deadlines.
“Further, the Court notes that at the recent emergency hearing, the possibility of a stay pending an appeal to the Seventh Circuit Court of Appeals was raised. The Court cautions President Tinubu that any request for a stay before this Court will be denied, as the Court finds any stay impracticable in light of the fast-approaching Supreme Court of Nigeria deadlines.
“President Tinubu is, of course, free to request a stay directly from the Seventh Circuit should he file any appeal. Judgment is entered in favour of Atiku Abubakar.”
Reacting to the development, Chidoka regretted that federal government-controlled institutions could be so inept as to unravel the circumstances surrounding the academic history of the president, leaving the task for the Atiku.
“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.
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 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,” Chidoka said.
