Displeased with the United States Magistrate Court’s order directing Chicago State University to release his academic records to the Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar, President Bola Tinubu has filed an application with the District Court to halt the order’s implementation.
The magistrate court had on Tuesday given Chicago University 48 hours to release Tinubu’s records to Atiku. However, Tinubu alleged in a fresh application on Thursday that the magistrate breached the constitution by acting as a final court in such matters of discovery.
He contended that a magistrate should only report and recommend to the district judge in such matters.
Tinubu further argued that the magistrate court had issued what seemed to be a final order on September 19, demanding immediate compliance starting on September 21.
“Intervenor asks this court to enter an immediate order delaying the effect of the magistrate’s order, at least until Monday, September 25, 2023, so the court may fully consider both the scope of the magistrate’s authority to issue the order without review and the issue of whether the magistrate’s order was a correct application of the law to the facts presented.” He requested the court to delay the effect of the magistrate’s order until September 25, to fully consider the order’s scope and its application of the law to the facts presented.
In the motion filed by his lawyer, Mr Carmichael, Tinubu emphasised that other courts, considering the authority of magistrates to rule on Section 1782 applications opted for issuing reports and recommendations.
“Intervenor raises a substantial question about the Magistrate’s authority to resolve the Section 1782 petition and order immediate compliance by Chicago State University.”
