In Response to Tinubu’s Privacy Argument: Atiku Affirms Right to Access Academic Records
Atiku Abubakar, the Peoples Democratic Party (PDP) candidate in the last presidential election, has issued a robust response to President Bola Ahmed Tinubu’s attempt to block the release of his academic records from Chicago State University (CSU) on grounds of privacy law.
Atiku, in his rebuttal to Tinubu’s objections against Magistrate Judge Jeffrey Gilbert’s order, firmly asserted that Tinubu’s objections were both incompetent and devoid of merit.
The former Vice President emphasized that Judge Gilbert had already addressed and resolved all the objections raised by Tinubu after careful consideration of both parties’ arguments.
It’s worth noting that on September 19, the court ruled in favor of Atiku’s application for discovery, deeming it more significant than Tinubu’s plea for privacy protection.
Tinubu had argued against Atiku’s request, stating that Judge Gilbert had erred by directing CSU to release documents related to Tinubu’s diploma certificate, transcripts, and admission letter, among other records. However, Judge Gilbert pointed out that the case had merit since it concerned Tinubu’s qualification for the 2023 presidential election, which he had won.
Dissatisfied with the decision, Tinubu requested that a Federal High Court, presided over by Judge Nancy Maldonado, delay the enforcement of the order until September 25, when he intended to formally file his objection.
During the proceedings on that Monday, Tinubu contended that the order violated his privacy rights and contravened US law regarding the release of academic records. Specifically, he argued that the discovery applicant’s request was invasive, as educational records are considered private and protected under the Federal Educational Records and Privacy Act (FERPA), 28 U.S.C. § 1232(g).
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However, Atiku countered this argument in his latest response, asserting that the privacy law invoked by Tinubu was irrelevant and untenable in this context. Atiku’s lawyer, Angela Liu, pointed out that FERPA and analogous state laws did not establish an independent privilege for educational records and could not shield them from a court-issued subpoena. She stated that FERPA did not provide a privilege to prevent the disclosure of student records.
Furthermore, Atiku argued that Tinubu could not claim protection when he had already put his educational records in question by submitting them to the Independent National Electoral Commission (INEC) and that Tinubu’s records had been introduced in Nigerian proceedings and widely publicized in the media.
Atiku also emphasized that there was a mechanism in the Supreme Court of Nigeria for admitting fresh evidence, citing Supreme Court Order 2. This order allows parties to seek the admission of additional evidence with proper procedures.
In conclusion, Atiku urged the court to dismiss Tinubu’s objections entirely and requested that the court order the production of documents by October 2, 2023, with a deposition scheduled for October 3. This timeline aimed to ensure the evidence obtained could be sent to Nigeria by October 4, considering the time difference, for submission to the Supreme Court on October 5.
This response underscores Atiku’s determination to access Tinubu’s academic records as part of his legal strategy.
