US Court Orders CSU To Release Tinubu’s ‘Relevant And Non-privileged Documents’: Here’s What It Means
After months of legal battles that have garnered international attention, Judge Nancy Maldonado of the United States District Court for the Northern District of Illinois dismissed President Bola Tinubu’s objection to the release of his academic records from Chicago State University (CSU) and ordered the release of the documents.
Following the Presidential Tribunal ruling on September 6, 2023, former Nigerian Vice President Atiku Abubakar intensified efforts to obtain Bola Tinubu’s certificate from CSU, aiming to prove that the certificate Tinubu submitted to the Independent National Electoral Commission (INEC) was forged.
On September 30, 2023, in a ruling, Maldonado issued a two-day ultimatum to CSU to release “all relevant and non-privileged documents.”
“Respondent CSU is directed to produce all relevant and non-privileged documents in response to Requests for Production Nos. 1 through 4 (as narrowed by Judge Gilbert and adopted by the District Court in its opinion) in Mr. Abubakar’s subpoena, by 12:00 p.m. (noon) CDT, on Monday, October 2, 2023.
“The Rule 30(b)(6) deposition of CSU’s corporate designee must be completed by 5:00 p.m. CDT on Tuesday, October 3, 2023,” the ruling stated.
What are non-privileged documents?
According to Law Insider, non-privileged “means documents and records, whether hard copy or electronic, which are not subject to any legal privilege preventing their discovery and/or disclosure in a legal proceeding.”
Legal privilege refers to a legal concept that allows certain communications and documents to be kept confidential and protected from disclosure in legal proceedings. These privileged documents are typically created in the context of attorney-client relationships or other legally recognized relationships.
Public records, such as government records, public court filings, and publicly accessible corporate documents, as well as personal correspondence like emails, letters, or communications that are not protected by attorney-client privilege or other recognized forms of legal privilege, are regarded as non-privileged documents.
Also, business records, expert reports, internal company communications, and medical records, not legally protected, are considered non-privileged documents.
With all of Tinubu’s non-privileged documents required to be released, any communications that he had with an attorney are protected by Attorney-Client Privilege and will not be released, even if he admitted wrongdoing to his lawyer.
In reaching this conclusion, Nancy Maldonado ruled that the court is “expressing no view on the merits of Mr. Abubakar’s underlying claims regarding President Tinubu or his graduation from CSU, or on the validity of the Nigerian election. Nor is the Court taking any position on what any of the documents or testimony from CSU may or may not ultimately show.”
