President Bola Tinubu claims that releasing his academic records to the public would amount to violation of his privacy right, which is protected by the laws of the United States, where his education records are now subject of litigation.
Tinubu’s claim was in reaction to a suit filed by the presidential candidate of the peoples democratic party (PDP) Atiku Abubakar at a US federal court.
The former vice president is seeking the release of Tinubu’s academic records at Chicago University.
Tinubu had been controversially declared winner of the February 2023 presidential election by the Independent National Electoral Commission, INEC.
Both Atiku and Peter Obi of the Labour Party, who were said to have come second and third respectively, are challenging the outcome of the election at the tribunal.
However, to stop the sought release, Tinubu has filed a motion asking the federal court not to release his university academic records to Atiku.
Court papers showed that Atiku, on August 2, approached the States District Court for the Northern District of Illinois to issue a subpoena for Chicago State University to release Tinubu’s school records.
Atiku hinged his prayer on a long-drawn-out controversies around the Nigerian president’s background. An investigative Journalist David Hundeyin obtained records that showed a Bola Tinubu that attended Chicago State University in the 1970s was a female.
According to Peoples Gazette, The CSU registrar’s office had disclosed that it graduated a Bola Tinubu on June 22, 1979, but did not state whether the student was a male or female, much less if it is the same person now occupying Nigeria’s presidency.
Atiku told the court he was seeking the documents as part of proof to consolidate his legal onslaught against the declaration of Tinubu as Nigeria’s president on March 1, 2023, following the keenly contested February 23 election.
Tinubu quickly rallied his team of attorneys and asked to be added as an interested party in the suit, alleging that Chicago State University might be unable to fully protect his interest as the owner of the records being sought.
“Mr Tinubu should be allowed to join or intervene because he has a direct personal interest in records sought, his interests are not fully represented or protected by Respondent Chicago State University, and his interests will be affected if he is not permitted to join or intervene,” the Nigerian leader argued in his motion to join the suit filed on August 3 and submitted by his Chicago attorney Christopher Carmichael.
“Chicago State University stated that its obligation is satisfied by providing notice of the application and attempt to access the records. Chicago State’s position is that it does not have an obligation to oppose the application and, therefore, CSU does not adequately represent Mr Tinubu’s interests,” the filing said.
Consequently, Tinubu argued that the records should not be released because they fell under a 1974 privacy law for American students.
Atiku’s lawsuit “indirectly seeks relief against Mr Tinubu by seeking his records that the federal and state governments have determined should be confidential. See 20 U.S.C. § 1232(g) (describing the purpose of the Federal Educational Records and Privacy Act of 1974 as to protect students from a school’s unauthorized release of a student’s records); 105 ILCS 10/6(a) (prohibiting the release, transfer, disclosure and dissemination of school student records),” the attorneys argued.
A federal judge had been assigned to the case, and both parties anticipated its expedited hearing and disposal, especially after Atiku argued that the Nigerian election petitions tribunal would deliver a verdict around September 21, 2023.
Atiku previously filed a suit before a county court in Chicago, Illinois, but withdrew it in order to file a more comprehensive case at the federal court, which prompted a county judge to dismiss the earlier case from the docket and cleared the path for Atiku’s federal complaint. Even though the county court handed off the case without prejudice, some Nigerian media outlets erroneously reported that Atiku substantive case was dismissed. But the Nigerian opposition leader’s filing showed he withdrew the case voluntarily to avoid any perception he was abusing the court process.
Atiku of the main opposition Peoples Democratic Party (PDP), welcomed Tinubu’s motion to join the suit. His team of lawyers said their client did not oppose Mr Tinubu’s intention to join the suit, saying he was, in fact, previously told he should feel free to join.
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