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BREAKING: Tinubu frustrates Atiku! *US court refuses to compel speedy FBI’s release of President’s records
Atiku Abubakar, has lost his bid to compel the Federal Bureau of Investigation (FBI) to release the confidential records of President, Bola Tinubu, his second recourse to the US court to help him in his ongoing bid to oust the President through the courts before the Supreme Court, where he is pushing to prove that he is not qualified to contest the 2023 election.
Atiku, presidential candidate of the Peoples Democratic Party (PDP), who was beaten to the second position, in the election, according to the result released by the Independent National Electoral Commission (INEC), through which Tinubu was declared the winner and subsequently sworn into office on May 29, 2023, had failed to get his wish at the Court of Appeal, Abuja, sitting as the Presidential Election Petition Tribunal (PEPT).
The former Vice President, had earlier persuaded the District Court in Illinois to order the Chicago State University (CSU), Tinubu claimed to have attended to release his academic records in the institution, with which he rushed to the Supreme Court to file a case of forgery, claiming that the certificate the President claimed to have obtained, was different from what he submitted to INEC prior to the election.
He had planned to support this claim with the report of the FBI, which he believed contained damning details that would have nailed the President and proved that he not only forged his papers, but he is indeed an identity thief, prompting him to approach a US court to compel the crime-busting organisation to hasten the process.
But the move, however failed as the court, refused to accede to his request on Monday in its decision, said Aaron Greenspan, a transparency activist running Plainsite, who filed the case on behalf of the former VP, did not adequately justify his request for an urgent hearing on his motion for expedited release of records, especially against the need to protect Tinubu’s interest.
Greenspan, who had on July 21, 2022, filed a Freedom of Information request asking the country’s agencies to release Tinubu’s records, followed with an emergency motion on Friday, October 20, seeking the immediate release of the records.
The latest motion, urged Justice Beryl Howell to quickly order the FBI, State Department and other U.S. bodies to immediately turn over records they scheduled for release before the end of October, ostensibly to preempt the proceedings at the apex court in Nigeria, where an intense legal battle ensued between Tinubu and his accusers on Monday.
But in her verdict on the same day, Howell of the United States District Court for the District of Columbia in Washington D.C. ruled: “Plaintiff’s emergency motion for a hearing to compel immediate document production is denied. No hearing to determine the merits of this motion is necessary.”
Tinubu, who had rushed to the same court to stall the case, a move Greenspan explained, was an attempt to slow-walk the release of the documents, which the agencies had previously stipulated would be released in batches effective October ending, to foreclose any impact the disclosures might have on the ongoing election dispute at the Nigerian Supreme Court.
The US rights campaigner had joined the Executive Office for US Attorneys, the Central Intelligence Agency (CIA), US Department of State, Federal Bureau of Investigation (FBI), US Department of the Treasury, Internal Revenue Service and the US Drug Enforcement Administration, as defendants.
The President’s counter motion seeking to intervene or be an intervenor in the case, pleading with the court to stop the said groups from releasing records related to his residence in the US, was particularly for the court to intervene in the case between Aaron Greenspan (Plaintiff) and Executive Office for US Attorneys, et al. (Defendants) with Civil Action No. 23-1816 (BAH).
Tinubu’s confidential tax record, which the Internal Revenue Service is prohibited from disclosing by federal law, and documents from federal law enforcement agencies that fall within the Privacy Act or exceptions to FOIA and should not be disclosed.
Greenspan had followed political controversies in Nigeria since his website was besieged by Nigerians looking for information about the 1993 case that saw Tinubu forfeit over $460,000 to the U.S. government after being caught laundering proceeds of narcotics trafficking in Chicago.
The records Greenspan seeks could potentially help provide clarity around Tinubu’s real identity, especially the name under which he first travelled to the United States decades ago. The Nigerian president has been known to use clashing identities in the past.
But the judge, Howell, in her decision, said Greenspan did not adequately justify his request for an urgent hearing on his motion for expedited release of records, especially against the need to protect Tinubu’s interest.
“Plaintiff has not made any representation to the court that the balance of equities tips in his favour or that the granting of his motion would further the public interest,” Ms Howell said. “Given that the FOIA request is for records that, if any exist, may be of a highly sensitive and private nature and that the subject of those documents, Bola A. Tinubu, has had no opportunity to protect his privacy interests in any such records, the balance of equities militates strongly in favour of denying this emergency motion.”
The judge also approved Tinubu’s request to allow his lawyer, Christopher Carmichael, to appear in the case, although she has yet to rule on the president’s motion to intervene in the matter.
Earlier, the U.S. Department of Justice, represented by Matthew Graves, had said the government would not be taking any position as to whether Tinubu should join the case or not.
“On behalf of defendants, the undersigned counsel does not take a position as to whether the court should grant Bola Tinubu’s motion to intervene. Mr. Tinubu should be allowed to intervene because he has a direct interest in the records sought, his interests are not fully represented or protected by Defendants, and his interests will be adversely affected if he is not permitted to intervene.”
In a quick riposte on Saturday, Dave Umahi, Minister of Works, has cautioned Nigerians to be circumspect in the manner they react to the story of the death of a female student in his home in Ebonyi State, warning against the temptation of jumping to conclusion.
Conveying his position on the highly-volatile matter through Francis Nwaze, his spokesman, Umahi, former Governor of Ebonyi State and a key figure in the government of President Bola Tinubu, said caution was needed to enable the police conduct unfettered investigation into the matter.
It was his response to breaking of how one Mary Habila, a female physiotherapist reportedly died in his palatial home at Uburu, Ohaozara Local Government Area of Ebonyi State, on June 27, hours after arriving the day before.
Nwaze, a Senior Special Assistant on Media and Publicity, specifically cautioned against speculations by “tale bearers,” while conveying the Minister’s shock over the matter and his eagerness for the authorities to get at the root of the matter through forensic investigations.
He wrote in the statement: “The attention of the Media Office of the Honourable Minister of Works, Senator Engr. David Nweze Umahi, has been drawn to a publication by a publication concerning the unfortunate passing of Miss Mary Habila in Uburu, Ebonyi State, alleging that the circumstances surrounding her death were shrouded in secrecy.
“The Honourable Minister received the news with profound shock and sadness and has since extended his heartfelt condolences to the bereaved family. For the avoidance of doubt, immediately the unfortunate incident occurred, appropriate emergency steps were taken. Medical personnel, including the Chief Medical Director of the David Umahi Federal University of Health Sciences, Uburu, were contacted without delay, while the Nigeria Police was promptly notified in accordance with the law.
“Following confirmation of Miss Habila’s passing, the Honourable Minister personally received her parents, conveyed his sincere condolences, and advised that an autopsy be conducted to scientifically establish the exact cause of death. At the time, however, the family declined the recommendation.
“It is important to clarify that Miss Mary Habila and Miss Anita Baski are employees of the David Umahi Federal University of Health Sciences, Uburu, who had been on secondment to the Federal Ministry of Works as physiotherapists for the past three years until the unfortunate passing of Miss Habila.
“Following the recent developments and in the interest of ensuring that the truth is established beyond doubt, the Honourable Minister has again reiterated his position that an autopsy must be conducted. He remains convinced that this is the most credible and responsible path to resolving all questions surrounding the unfortunate incident.
“We therefore urge the public to exercise restraint, refrain from speculation or premature conclusions, and allow the relevant authorities to carry out their responsibilities without interference. At this difficult time, our thoughts and prayers remain with the family of the deceased, and we pray that God grants them the strength to bear this irreparable loss.”
The circumstances that led to the sudden death of Mary Habbila, a Nigerian female student died in the Uburu, Ohaozara Local Government Area of Ebonyi State, home of Dave Umahi, Minister of Works, has now thrown the entire household and environs into serious quandary.
SaharaReporters, which first broke the revealed that the incident, which happened since June 27 this year, has been shrouded in secrecy, with both the Ebonyi State Government and the state police command maintaining silence over the matter.
The incident, the report, added, took place barely a day after Habbila and another woman, Anita Baski, both from Kaduna State, were reportedly brought to the minister’s residence, triggering a police investigation, with the case transferred from the Ohaozara Divisional Police Headquarters to the Ebonyi State Criminal Investigation Department (SCID) in Abakaliki.
Habbila and Baski reportedly arrived at the minister’s residence on June 26 to “attend” to him, only for Habbila to be found dead inside the residence the following morning under circumstances investigators are still trying to establish.
Police sources were quoted by the paper as saying that Jonathan Bawado, a police officer who serves as Senator Umahi’s Personal Assistant and previously worked as his Aide-de-Camp (ADC) during his tenure as Governor of Ebonyi State, alerted medical personnel after Habbila was discovered unresponsive.
Subsequently, a doctor and an ambulance were dispatched to the residence, while Tobechukwu Godwin, Chief Superintendent of Police (CSP) Divisional Police Officer (DPO) of Ohaozara Police Division, was notified of the incident, the report said, adding that at the hospital Chihurumnanya Alo, a Professor and Consultant Public Health Physician, Infectious Diseases Specialist and Chief Medical Director of the David Umahi Federal University Teaching Hospital (DUFUTH), Uburu, was also alerted about the incident.
The police who subsequently conveyed Habbila’s body to a mortuary, were said to have handed over the identification tag attached to Habbila’s to the Ebonyi State Police Command by the said DPO, as part of the ongoing investigation.
SaharaReporters, quoted a senior police officer, with knowledge of the case as saying: “The case has been transferred to the State Criminal Investigation Department in Abakaliki,” but, however declined to provide further details, citing the ongoing investigation.
Unlike in other cases, security operatives in Nigeria have upped the ante by adding the arrest of perpetrators to the menu of rescue operations, with the announcement of the capture of eight terrorists who participated in the abduction of school teachers and students in Oyo State on May 15.
All the 46 pupils, students and teachers abducted by terrorists from three schools in Oriire Local Government Area of Oyo State, regained their freedom on Friday, after about 56 days in captivity, with several others reportedly also neutralised during the operation.
Giving a clue of what transpired during the operation, Bayo Onanuga, who broke the story of the feat, said it was the outcome of sustained security operations, which also foiled the attempt by the abductors to secure the release of one of their captured leaders.
Onanuga, Special Adviser to the President on Information and Strategy, using his X handle to give details about the operation, said: “Finally, all the kidnapped pupils and teachers in Orire, Oyo have been rescued by our security agencies. In the course of the rescue operation, eight of the kidnappers were arrested and are now in DSS custody, while some of them were neutralised.”
“There was no quid pro quo in the rescue as one of the terrorists, a kingpin, that the kidnappers demanded his release, is being prosecuted for his atrocities. The security agencies will give full account soon.”
The victims were abducted on May 15 when heavily armed bandits attacked Community Grammar School, Baptist Nursery and Primary School, and L.A. Primary School in the Esiele and Yawota communities of Oriire Local Government Area, seizing dozens of pupils, students and teachers.
The abduction sparked nationwide outrage, with parents, labour unions, traditional rulers and civil society groups mounting sustained pressure on the authorities to secure the victims’ release.
The incident also triggered an indefinite strike by the Nigeria Union of Teachers in Oyo State over growing insecurity in schools.
President Bola Tinubu had condemned the attack and ordered security agencies to intensify intelligence-led operations to rescue the captives and bring the perpetrators to justice.
The President subsequently dispatched a high-powered Federal Government delegation to the affected communities, approved the deployment of specialised rescue assets and authorised the recruitment of 1,000 forest guards to strengthen security across Oyo State.
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