ATIKU VS CSU/TINUBU

VICTORIA ASCERTA

Atiku Abubakar’s Lawyers prevailed at last and Justice was done. It wasn’t an easy road and the masters of Oluwole and technicalities tried to employ their full arsenal of technicalities but failed under the light of TRUE JUSTICE. The following facts are relevant to the Victory of Atiku Abubakar in the case:

• The intervenor BAT and the Injustice league objected to 2 out of 3 requirements (a and b)which includes (a)Residency: the entity from which the discovery is sought must reside in the district of the court (b)Usability: the discovery must be for use in a proceeding before a foreign Tribunal (c)Locus: the application must be submitted by a foreign or international tribunal or an interested party in the foreign proceedings.
• The Intervenors (BAT) vehemently argued that the discovery Atiku seeks is not relevant to the Nigerian Proceedings because issues regarding BAT’s educational background were not referenced specifically in Atiku’s Petition filed with the Court of Appeal and was introduced in his reply(relying on Tsamani validated technicality) and that Supreme Court cannot consider New Evidence.
  Atiku’s counsel responded that the discovery they seek if it yields new evidence can be considered by the Supreme Court of Nigeria in “exceptional circumstances” under the Nigerian Electoral Act of 2022
• The court agreed with Atiku’s Lawyers and further added that admissibility is not one of the tests required to order that discovery and whether or not the Supreme Court accepts it, does not even come into consideration. The consideration is, if it will be relevant ‘For Use’ to that proceeding and the applicant has the practical ability to inject the requested information into a foreign proceeding. The term ‘for use’ was interpreted ordinarily that the requested discovery is ‘something that will be employed with some advantage or serve some use in the proceeding.’ (Tsamani see your mate)
• The court gave BATMAN and his ROBINS a further KNOCK on their HEADS when it disagreed with their argument that Atiku is not an interested party because his initial electoral Petition did not specifically refer to BAT’s qualification but rather was raised in Atiku’s reply. The court stylishly departed from the rigid position of Tsamani holding that even though the issue was introduced late, it qualifies as having been introduced and thus Atiku qualifies as an interested party.
• The court noted it had the power of discretion on the matter and proceeded to review the amended subpoena of Atiku which now had four narrowed document requests, which relate to the two different versions of BAT’s CSU diplomas, that had been presented to the Court (documents that purport to be dated June 22 and 27, 1979), any similar diplomas issued by CSU to anyone other than BAT, and the Orr documents allegedly certified by CSU’s Associate General Counsel, Jamar Orr, for use by BAT in the related case bought by Mr. Obi that now has been consolidated with Atiku’s case. (PO is global!)
• The court further reviewed Atiku’s narrowed request for the deposition under oath which is expected to confirm (1) CSU’s position on the authenticity of the documents produced in response to the Application and how and where CSU located the document; (2) CSU’s position on the authenticity of other CSU documents purportedly produced by CSU and used in other Nigerian proceedings; (3) the contents of the Westberg Affidavit; (4) CSU’s position on the authenticity of the Westberg Letter, including who requested the letter, who prepared the letter, and to whom it was sent; and (5) CSU’s position on the authenticity of the CSU documents certified by Orr and other facts regarding why the documents were certified, if he was authorized to do so, who requested the documents, and to whom they were sent. (Atiku wants to kill this BAT pata pata!

2/2 This right here is the real Joker: It has the potential to trigger a federal investigation (FBI) that could bring sunlight to BAT’s dreaded vampire records hidden in darkness. If CSU dare lie under oath, the consequences will be DIRE and could bring them to their knees. This relationship just assumed a vampire – werewolf dimension. They’ll have to protect themselves first)

• BAT’s lawyers of course opposed the Oral deposition by citing privacy laws which state that educational records are private and that since CSU already submitted an affidavit confirming BAT graduated in 1979, there was no need for a deposition.
• The court held that BAT’s lawyers framing the relevance issue in this manner ignores a central tenet of Atiku’s Application, which is not necessarily whether BAT attended CSU (though that is a part of Applicant’s argument) but whether the June 22, 1979 CSU diploma that BAT presented to the INEC is an authentic copy of BAT’s actual diploma issued by CSU. (In other words Court said that BAT’s Injustice League are trying to be technically mischievous by confusing issues Tsamanni style)
• With respect to the privacy objections the court held that the FERPA statute does not create an independent privilege for educational records, but instead makes educational records confidential. Disclosure of educational records is permitted under FERPA if it is necessary to comply with a lawfully issued subpoena or judicial order and the burden is on the party requesting educational records to show that their interest in obtaining the records outweighs the privacy interest of the student.
• The court held that Atiku’s interest in obtaining BAT’s records from CSU OUTWEIGHS BAT’s privacy rights because BAT put his diploma at issue by submitting it to INEC. BAT also submitted other educational documents in a related proceeding in Nigeria, some of which were certified by a CSU official, as discussed above. Atiku therefore SATISFIED that requirement!
• BAT’s lawyers also objected to the discovery on the basis that it would place too much burden on CSU but the court shut them up stating that they had no standing (Locus) to do that. CSU is the proper party to do that. (I LIKE THIS COURT O!)
• The court also overruled CSU’s objection stating they had devoted significant time and resources to the case as being insufficient. CSU’s preference on written instead of oral deposition was also overruled and the court highlighted CSU’s did not justify the need for the court to protect it with that method and that an oral deposition is the most effective method to obtain information from a deponent under the circumstances of the case.
• The court concluded by ordering CSU to RELEASE ALL the relevant documents in 48 hours and deposition should take place immediately after release of the documents. The court also ordered them to work on weekends if necessary.

MY SUBMISSION :

1. Judge Gilbert ruled using Solomonic wisdom.
2. The Oluwole tactics and Agbero Technicalities modus operandi of BAT and the Injustice league spectacularly failed in a court dedicated to doing substantive Justice.
3. Justice was done as predicted and truly and indeed the US Judiciary is a leveler that deserves its flowers.
4. Atiku also deserves his flowers for being a dogged fighter. Assuming Nigeria was a working country, this case should have been instituted by INEC or PEPT but you sef know say Injustice league cannot thrive in a disinfected environment, Avengers full ground. Perhaps we should canvass that American Judges should supervise our election tribunals (Just kidding).
5. On a serious note, our Judiciary needs serious help, reforms and light. We just witnessed firsthand how a sane Judiciary operates and could reasonably predict the outcome of a case in Line with Justice and Justice was truly and indeed served.
6. We Pin and await the surprises from the documents that’ll be released from CSU

God Bless the American Judiciary