Chicago Certificate Dispute: “No Hiding from Academic Records Release” Atiku Replies Tinubu’s Appeal

In a high-stakes legal battle that has captured national attention, former presidential candidate Atiku Abubakar of the Peoples Democratic Party (PDP) has fired back at President Bola Ahmed Tinubu over Tinubu’s attempts to block the release of his academic records from Chicago State University (CSU). Atiku firmly asserts that privacy laws cannot be wielded as a shield in this case.

This dispute revolves around an order issued by Magistrate Judge Jeffrey Gilbert, which favored Atiku’s application for the release of Tinubu’s diploma certificate, transcripts, and admission letter from CSU. Judge Gilbert emphasized that the case pertains to Tinubu’s qualification for the 2023 presidential election, a point contested by Tinubu.

Tinubu had previously sought to delay the order’s enforcement, contending that it infringes upon his right to privacy and contravenes US laws governing the disclosure of academic records, notably the Federal Educational Records and Privacy Act (FERPA).

In his latest response, Atiku’s lawyer, Angela Liu, refuted the claim that FERPA grants an independent privilege for educational records, asserting that it cannot prevent disclosure via a court-issued subpoena. Liu argued that Tinubu had already placed his educational records in question by submitting them to the Independent National Electoral Commission (INEC) and in various Nigerian proceedings.

Moreover, Atiku cited a mechanism in the Supreme Court of Nigeria that allows for the admission of fresh evidence, emphasizing that his application aligns with this process. He maintained that his aim is not to conduct an invasive probe into Tinubu’s confidential educational records but to validate the authenticity of documents submitted to the Nigerian courts and scrutinize discrepancies regarding Tinubu’s graduation year from CSU.

Atiku urged the court to dismiss Tinubu’s objections and requested that the documents be produced by October 2, 2023, with the deposition scheduled for October 3, in order to submit any new evidence to the Supreme Court by October 5, 2023.

As this legal showdown unfolds, it remains to be seen whether privacy laws can be invoked to halt the release of academic records in a case with significant political implications.