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CSU: Atiku’s ‘wild goose chase’ is nothing more than “opposition’s research on a political opponent” – Tinubu
President Bola Tinubu, on Monday, intensified his legal efforts to block the Chicago State University from releasing his academic records to his rival presidential candidate during the last election, Atiku Abubakar.
After obtaining a reprieve from the District Court of Northern Illinois, Eastern Division, with the court temporarily suspending its 20 September order compelling the university to release the documents to Atiku, Mr Tinubu has now filed a more detailed objection seeking to convince the court to reverse the order outright.
Mr Tinubu’s application, filed by his New York-based lawyer, Oluwole Afolabi, is anchored on two broad 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.”
Mr Tinubu’s second reason is that Atiku’s request “is unduly intrusive because it allows Applicant (Atiku) to conduct a fishing expedition into Intervenor’s private, confidential, and protected educational records.”
He urged the court to set aside the previous order, saying his political opponents had previously used his illegally obtained academic records to attack him.
“The unlawful release of documents previously allowed Intervenor’s opponents to sow confusion and spread conspiracy theories,” Tinubu’s objection read in part.
It added that Atiku’s application was not anything more than “opposition research on a political opponent”.
Atiku had set off the legal battle with an application filed on 2 August requesting the court to order the Chicago State University to release Mr Tinubu’s academic records to him.
The former Nigerian vice president requested the documents in the hope of using them at the Presidential Election Petition Court in Abuja to challenge the authenticity of the certificate presented by Mr Tinubu to Nigeria’s electoral body, INEC, for the 2023 election.
He argued that among other things, a “second Chicago State University diploma has since emerged (dated June 27, 1979) that bears the name “Bola Ahmed Tinubu” but also presents with a different font, punctuation, seal, and signatures, than the June 22, 1979 diploma, among other alleged discrepancies.”
Atiku told the US court that he wanted to authenticate these documents whether a “Chicago State University diploma in the name of Bola Ahmed Tinubu dated June 22, 1979, that was submitted to the INEC before the Nigerian presidential election in February 2023 is genuine or was forged.”
On 19 September, a magistrate judge of the court, Jeffrey Gilbert, ordered the university to release the requested documents to Atiku within two days.
Mr Tinubu’s legal team swiftly approached a district judge of the court to suspend the order to enable them to file a more elaborate challenge against it.
At an emergency hearing on 21 September, the district judge, Nancy Maldonado, agreed to delay the order compelling the Chicago State University to release the academic documents of President Tinubu.
Following the approval, Mr Tinubu, through his legal team, filed his objection on Monday.
‘Atiku barred from using my CSU records’
In the objection filed on Monday, Mr Tinubu’s legal team argued that the magistrate judge granted Atiku’s application even though the applicant was barred from attempting to use the discovery in the foreign proceeding.
“That conclusion should be rejected because the discovery cannot be ‘for use’ in the foreign proceeding due to the decision of the Nigerian Election Court, and that decision shows the Nigerian courts would not be receptive to the discovery sought by the application.
“The Magistrate gave no weight to the decision of the Nigerian Election Court, which is authoritative proof of the unreceptivity of the foreign court to the discovery sought,” the objection read in part.
It added that the possibility that the Nigerian Supreme Court, where Atiku proceeded to challenge the decision of the Presidential Election Petition Court, may accept the documents was a mere speculation and not “not an indication that foreign courts might consider the discovery.”
‘Atiku’s application is fishing expedition’
In the other plank of objection, Mr Tinubu’s team argued that while Atiku’s case at the Nigerian court only touched on “a CSU diploma”, the magistrate judge “erroneously concluded” to issue an order for the release of “other educational documents.”
They said the court erroneously held that “a foray into other documents” was permissible because “Intervenor also submitted other educational documents in a related proceeding in Nigeria.”
The objection added: “The Magistrate erred in requiring compliance with two subpoenas that go far beyond the narrow issue of the diploma submitted to the INEC, and finding that the education records protections were overcome by Applicant’s investigatory interests.
“The Magistrate determined that the Applicant’s interest outweighed the privacy interest because the Intervenor put the diploma at issue by submitting it to the INEC.
The Magistrate also concluded the Applicant’s interests were stronger as to ‘other educational documents’ submitted in related proceedings. This second conclusion is clearly erroneous because the ‘other documents’ are not at issue in the electoral challenge, and discovery for “related proceedings” is merely another way of describing a fishing expedition.
‘I will suffer harm if CSU releases my documents to Atiku’
Mr Tinubu argued that he stood to suffer harm in allowing discovery on issues and documents outside the diploma because his records “were illegally obtained previously and have been utilised to attack him”.
He added: “Obtaining more documents via a subpoena – particularly ones that are not part of the INEC submission by Intervenor – is both improper and nonsensical.
“The unlawful release of documents previously allowed Intervenor’s opponents to sow confusion and spread conspiracy theories. Applicant should not be permitted to conduct discovery on the discovery illegally obtained by Applicant’s allies and Intervenor’s political opponents. Discovery on discovery is rarely appropriate and is certainly not appropriate when the sole issue Applicant identified is the Intervenor’s submission of his diploma to INEC.
“Nor does the fact that Intervenor’s educational records have been spread into court records justify discovery. Section 1782 does not authorise fishing expeditions to satisfy curiosity or resolve public controversy.”
‘I’m vindicated’
In conclusion, Mr Tinubu said the Chicago State University had already been established as the most critical by stating that he was awarded the degree as he stated.
“This point is irrelevant to Applicant because he is not seeking anything more than opposition research on a political opponent. The Magistrate Judge clearly erred in granting the application for discovery and concluding that Chicago State University must respond to the document and deposition subpoenas
He urged the court to set aside the conclusion of the magistrate judge and reverse his order “because the information sought cannot be used and therefore is not “for use” in the foreign proceedings.
Atiku had, in his application, argued that among other things, a “second Chicago State University diploma has since emerged (dated June 27, 1979) that bears the name “Bola Ahmed Tinubu” but also presents with a different font, punctuation, seal, and signatures, than the June 22, 1979 diploma, among other alleged discrepancies.”
Atiku told the US that he wanted to authenticate these documents whether a “Chicago State University diploma in the name of Bola Ahmed Tinubu dated June 22, 1979, that was submitted to the INEC before the Nigerian presidential election in February 2023 is genuine or was forged.”
Atiku added that “under Nigerian law, the submission of a fraudulent document to the INEC would have disqualified President Tinubu from participating in the election.”
When Atiku filed his application in the US district court on 2 August, his petition challenging the presidential election was pending before the Nigerian Presidential Election Petition Tribunal. Therefore, Atiku said his application in the US court was to obtain discoveries that would support his petitions in the Nigerian court of appeal.
Court documents show that a day after Atiku’s application was filed, President Tinubu filed a motion to join in the suit. The judge granted the motion to intervene on 7 August.
Culled from Premium Times
***asks Yahaya Bello to submit, surrender self to court
Leader of the Ijaw ethnic nationality and foremost nationalist, Chief Edwin Clark has urged the chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ola Olukoyede to muster enough courageto engage the daunting problems of corruption in the country.
He, however, said the anti- corruption czar must be ready to confront some Nigerians regarded as sacred cows.
The elder statesman gave the indication in a letter addressed to Mr Olanipekun Olukoyede, Chairman of
Economic and Financial Crimes Commission (EFCC) titled “Re: The Reviving of all abandoned high profile corrupt cases against politician by the EFCC”.
In the letter made available to our reporter on Tuesday, Chief Clark dissected the various corrupt cases in the country while he advised the ex- governor of Kogi State to submit himself to the authority rather than continuing hiding.
Congratulating the new Executive Chairman of EFCC, he charged him to perform his duties “effectively, impeccably, fair and just and without any discrimination, political victimization or witch-hunting of political opponents and have the courage and ability to confront the so called sacred cows in our society.”
According to him, the level of corruption in the public service and even in private business has reached such an alarming scale.
He said “It has become a recognised way of our daily lives.
“While the Ministers, Permanent Secretaries and Directors in a Ministry carry out corruption and abuse of office at a large scale at higher level, the lower ranks in the Ministry even including the clerks and messengers are also involved in minor ways of corruption by hiding files and documents and asking for money before releasing them.
“A new trend has now increased the temple of corruption. It is ridiculous to say that some of the officers and assistants have increased the level of corruption in the public service. Some of those in the Presidency, Ministers offices, President of the Senate and so on demand money particularly in Dollars before allowing you to see their principals.
“Corruption and abuse of office which unfortunately has become our way of life can only be reduced if there is political will on the part of the Government to prosecute all those found corrupt as emergency cases and given accelerated hearing or the Federal Government should create a special court for a period of time to treat high profile corrupt cases and not to allow such corrupt cases to be announced over the media and no further action taken.”
However, Chief Clark deeply appreciated the courage and will power of Olukoyede in reviving high profile corrupt cases involving former Governors, some of whom are in the Senate parading themselves as innocent citizens while some of them are today serving as Ministers in the present administration.
Commending the EFCC boss, he said “It is therefore with great pleasure I read with satisfaction your recent release wildly published in the internet and some newspapers particularly in Sunday Punch of 14th January 2024 at page 3. You spoke the mind of all patriotic Nigerians who seriously believe in the eradication of corrupt practices in our body polity.
“You revealed the names of these unpatriotic culprits who embezzled the sum of about ₦772 Billion, enough to rejuvenate our ailing economy.
“I join other Nigerians in supporting you to carryout with rapidity to complete the investigations of these cases and to expedite the trial of all those charged to court since 2007; who are not only in the Senate and Government dining and wining with Mr President but are also living lavishly at the expense of volatile and vulnerable Nigerians.
I” also wish to advise you that all former Governors who served the country and some of who looted their state treasury as it is alleged in Yahaya Bello’s case should be investigated by your commission with rapidity to enable Mr President, Bola Ahmed Tinubu to carry out his anti-corruption crusade.”
Against outcry in some quarters that the EFCC is trying ex- Governor Bello in the media, he said “Mr Chairman, as usual, some unpatriotic and misguided Nigerians have criticized you, branding your appearance on the television as media propaganda. I totally disagree with them and you are on the right path.”
Advising Yahaya Bello to surrender himself to the court with dignity and stop engaging in pursuing procedural issues which some Nigerian lawyers are manipulating in the media, he said the offence allegedly committed by him is bailable.
“The real issue is that Yahaya Bello paid some amount of money to the American School, which was paid with the Kogi State Government’s fund, to the sum of $845,852. It is also true that the American School has refunded $760,910 to the EFCC which demanded for it.
“It must be noted that the issue of bench warrant has always been an instrument used by Nigerian Courts to draw the attention of high profile Government officials that no one is above the law. It is not new by the court and Yahaya Bello’s case should not be treated differently.
***As report captures 33.3 percent of under 5 children exhibiting stunted growth
The Federal Government of Nigeria has successfully launched the 2021 National Food Consumption and Micronutrient Survey (NFCMS) report which has been adjudged to be one of its kind globally.
The last National Food Consumption and Micronutrient Survey (NFCMS) was undertaken about 20 years ago in 2001, the findings of that study likely no longer represent the current micronutrient status or dietary consumption patterns of the Nigerian population.
This lack of recent and reliable information presented several challenges, both in terms of reviewing ongoing programmes and in informing the development of new guidance and policies. Updated information on the population’s micronutrient status and dietary intakes is required for informed, evidenced-based decisions about current and future food, nutrition, and agriculture programming and policy making in Nigeria.
Hence the 2021 survey which has been global acclaimed has become a reference point.
Director and Head of Nutrition Department of Federal Ministry of Health and Social Welfare, Mrs. Ladidi K. Bako-Aiyegbus presented the report at the technical session and thr launch held in Abuja
She said before the date for the launch was fixed they had started receiving calls from neighboring African countries to share the experience with them which led to the interface with colleagues in Indonosia.
She said, one thing that came out clearly was that the three ministries of Budget and Plannning, Agriculture and food security and the Ministry of Health had to be on the driver’s seat for the survey while the International Institute for Tropical Agriculture (IITA) provided the skills and capacity.
Some of their findings according to her were subjected to further verification in foreign lands results of which came out the same.
“For the first time in history, Nigeria conducted this survey with computer assisted personal interviewing which makes the data more acceptable
“The 2021 survey is unique in several respects as it was conducted using computer assisted Personal interviewing (CAP), survey instruments, and design can serve as a model for food consumption surveys in other African Countries.
“Nigeria is the first country to use the innovative tool INDDEX24 mobile application to collect data to assess dietary intake in a large scale survey
“Some of the dietary data include use of fortified foods to assess the impact of large scale fortification programmes and the consumption of biofortified crops used to measure the impact of these programs
“The report of the 2021 NFCMS provides information for evidence based policy and programmatic decisions for national supplementation, fortification, sensitization of appropriate nutrients consumption and other key nutrition interventions to achieve food and nutrition security in Nigeria.
“It provides subnational insights on micronutrient issues which enables more nuanced programming which addresses the unique characteristics of different sub groups of the population.
The Permanent Secretary of Ministry of Budget and Economic Planning, Mr. Nebeolisa Anako revealed that 33.3 percent of under five children are stunted in growth going by National Food Consumption and Micronutrient Survey, 2021.
Anako spoke while delivering his opening remarks on Monday at the technical session and launch of the 2021 national food consumption and micronutrient survey report held in Abuja.
He said the prevalence of stunting, wasting and underweight among children under 5 are 33.3%, 11.6% and 25.3% respectively.
His words, “According to the National Food Consumption and Micronutrient Survey, 2021, the prevalence of stunting, wasting and underweight among children under 5 are 33.3%, 11.6% and 25.3% respectively.
“However, malnutrition is influenced by a host of underlying factors related to poverty, including poor diet, food insecurity, poor water, sanitation and health services, which find their roots in factors that can vary from conflict to climate change; from scarce natural resources to high and volatile food prices; from poor governance to demographic growth. This is a huge burden and calls for very deliberate efforts to address” he said.
Continuing, Anako said Nutrition data plays a crucial role in program planning across various sectors, including health, education, agriculture, water, information and social welfare among others.
“Let us remain mindful of the profound impact that nutrition has on every aspect of human life, from physical health to cognitive development, from economic productivity to societal well-being” he noted.
He said the choices we make regarding what we eat directly impact our physical and mental vitality, shaping not only our individual lives but also the collective health of our society.
Also speaking, Director and Head of Social Development, Federal Ministry of Budget and Economic Planning, Dr. Sanjo Faniran said the findings of the survey will serve as a vital tool for policymakers, researchers, and stakeholders in the field of food and nutrition and provide valuable insights into the current state of our nation’s food consumption, enabling us to design targeted interventions and evidence-based strategies for improving nutritional outcomes.
***Blames foreign Affairs Ministry, NIA for not guiding the govs on their folly
A former Governor of Jiagawa State and one of the founding leaders of the Peoples Democratic Party (PDP), Alhaji Sule Lamido has lashed out at Northern Governors for embarking on a jamboree to a foreign land just to discuss how to find lasting solution to the security issues bedevilling the region.
Lamido who wrote on his verified Facebook wall titled it, ‘Advancing our shame and embarrassment beyond our frontiers’ said there was no need for the wasteful adventure considering the hardship the average Nigeria is passing through as the resources to embark on the trip would have been useful in tackling other challenges facing the North
According to him if their trip was on how to boost agriculture or to improve on the healthcare needs of the citizens or better still on other local problems on the concurrent lists they would have been commended
“Our Northern Governors as concerned leaders traveled all the way to the United States of America to attend a lecture at the American Institute for Peace titled ‘Advancing Stability in Northern Nigeria’ as to find a lasting solution to the intractable problems of insecurity bedeveling their respective states.
“Their concern commendable as it were, ended up exposing their ignorance at understanding of the Constitution of the Federal Republic of Nigeria the very instrument which gave them the legitimacy and the authority to be Governors!
“If the Governors had traveled to the US to engage on how to boost agriculture or health issues or any other pressing local problems listed on the Concurrent List of our Constitution this could be quite understandable! But to engage on issues which are on the Exclusive Legislative List such as Security says a lot of the substance they are made of.
“Security is a very wide subject which their Excellencies must have capacity to grasp. Most urban towns in their State lack portable drinking water, refuse dumps have taken over some streets; all these have precipitous Security health hazards.
“Our children attend primary schools under the trees and where there are built classes, they take their lessons sitting on the floor, yet the Security implications of this can not be discerned by their Excellencies.
“Deliberate and harshly induced poverty by unplanned government policies have made citizens lose their esteem, honor and self worth by lining up scrambling to collect palliative from patronizing and condescending leaders yet the Insecurity of this is of no worry or concern to them.
“You have Governors with no human empathy or respect for dignity or decency in an open show of shame throwing money like confetti from an open Jeep and people scrambling to pick it like the Governor of Niger State. Yet they fail to see the security implications of all these!
According to him, if the Governors were serious and wanted to have a lecture on security, they needed not have embarked on such a wasteful journey with the accompanying expenditure of flight tickets, hotels with all their aides and above all the valuable time wasted at the expense of running their States.
“Certainly they could have gotten more than they wanted from our resourceful institutions such as NIPSS in Kuru Jos or ASCON in Badagry or even NIA!
“These three Institutions have more than enough materials, essays and templates on the problems on Security in Nigeria more than the far fetched American Institute.
Lamido who was a former foreign Affairs minister blamed the Ministry of Foreign Affairs and the NIA for failing to properly guide the Governors on their folly as the Governors could not have traveled without the facilitation of the Ministry or our Embassy in Washington.
“Nigeria and Nigerians now carry the image of “advancing our shame and embarrassment beyond our frontiers” caused by their Excellencies!
“One is inclined to believe Rufai Oseni of Arise TV when he recently said ‘ Nigerian madness has no bound or limits’ So in Nigeria today, ones biggest challenge is how one remains sane in this insane Country!”
He said Nigeria was a sane abd safe country before apc took over and destroyed it
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