TAKE A LOOK AT THIS AND TELL ME YOUR VIEW ABOUT IT Over the last few weeks, the news media, including social media platforms, have been inundated with the controversy over whether or not former military Head of States and presidential candidate of All Progressive Congress, General Muhammadu Buhari possesses the minimum educational qualification to run for the office of the President of the Federal Republic of Nigeria in the coming February 14 general elections. LAW EDITOR, Adam Adedimeji explains certain provisions of the constitution many commentators have tried to close their eyes to “A person shall be qualified for election to the Office of President if: (a) He is a citizen of Nigeria by birth; (b) He has attained the age of forty years; (c) He is a member of a political party and is sponsored by that political party; and (d) He has been educated up to at least SCHOOL CERTIFICATE LEVEL OR ITS EQUIVALENT (emphasis mine).” – Section 131 of the 1999 constitution The above provision under Section 131, paragraph (a) – (d) of the 1999 constitution of Nigeria is what summarises conditions to be fulfilled by an aspirant to the position of the President of the Federal Republic of Nigeria. The provision however has in the last few weeks become the most popularly cited section of the Nigerian constitution as well as a source of controversy. Different interpretations are therefore been given to the particular section either by way of misunderstanding, misrepresentation, misinterpretation or all of the above among political parties as well as its members in order to outdo one another in the fight for votes during the February 14 general elections. This writer however curiously noticed that most commentators on the ‘controversial section’ failed to observe that “School Certificate level” as stated by the constitution is unclassified. Most of them only assumed it to be Secondary Leaving Certificate without bothering to find out what the constitution framers meant since it could also have meant Primary School Leaving Certificate. Although it is said that all is fair in a contest, the fact that a constitutional provision is in place and its interpretation is to certain extent unambiguous, makes this particular altercations, irrespective of political nature in it an unfair game. To fully understand the constitution, one needs to take a cursory look at the provisions of the constitution under Part IV, Article 318 (1) that deals with Interpretation, Citation and Commencement. This particular part, that is, Part IV of the Constitution, interprets the meanings given by the framers of the constitution in order not to give way for unintended meanings to constitutional provisions as we are now witnessing in this circumstance. In Chapter VIII, Part VI of the 1999 Constitution, Section 318 (1) gave a lucid interpretation to what the constitution meant by “School Certificate or its equivalent” thus: “School Certificate or its equivalent” means- (a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or (b) education up to Secondary School Certificate level; or (c) Primary Six School Leaving Certificate or its equivalent and - (i) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years, and (ii) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totaling up to a minimum of one year, and (iii) the ability to read, write, understand and communicate in the English Language to the satisfaction of the Independent National Electoral Commission; and (d) any other qualification acceptable by the Independent National Electoral Commission.” In essence, constitutionally, a presidential contestant is eligible even if the only educational qualification he/she possesses is a mere “Primary Six School Leaving Certificate” or “the ability to read, write, understand and communicate in the English Language” or “service in the public or private sector in the Federation in any capacity acceptable to INEC for a minimum of ten years” or “attendance at courses and training in such institutions as may be acceptable to the INEC for periods totaling up to a minimum of one year.” This is the present position of the law. Nigerians are however free to propose its amendment if there is a general believe that we need to increase qualification standard for would be presidential aspirants in Nigeria. Buhari not qualified to contest – Mike Ozekhome On General Buhari’s raging certificate saga, my position is that the APC presidential candidate did not comply with the provisions of the electoral law in filling the nomination form he submitted to the Independent National Electoral Commission. I know that Nigerians would be curious why is this matter just coming up for the first time and that after all, this man has contested the last three presidential elections. Well I wish to state that I have done, by God’s grace, a lot of election petition matters and I know that up till 2011, INEC form simply provides that candidates should state their qualifications. In other words, just say that I have O’Level, I have B.Sc. I have BL, etc. Then, you go and sit down. But right now, the rule has changed. Form CF001, says apart from filling your qualifications, you must attach them. You must attach photocopies of your qualifications. As we are looking at your form that you have filled, I have to see your NYSC certificate; all your qualifications/certificates must be attached to your form. So, if you do not attach them, you have not satisfied the minimum requirements. It is therefore not proper to refer INEC to go on a wild goose chase, go and look elsewhere for my qualifications. General Buhari’s decision to refer INEC to the Secretary of the Military Board for his credentials is like an applicant referring the interviewer to the last place he or she worked. And you say, the last place I worked, they have photocopy of my certificates, go and ask them. That is wrong. The Military Board we are talking about will also be in possession of the document of the respected general. But before he submitted the document to the Military Board, it is taken that he had possession of his own documents. All he needs to do is to attach the photocopy of his document to his form. And, if there is any question to be asked, you can refer to the places where you went to school. Section 131 of the constitution is very clear that the candidate must have not below school certificate level or its equivalent and its equivalent means GCE, WASC, NECO, etc. Now, if you do not have any of these qualifications, what you will do is to apply to WAEC or NECO and say my certificates are lost, burnt or stolen by armed robbers; I will want you to issue me a letter certifying that I have this qualification. That was what happened in the case of the Vice President, Muhammadu Sambo, because I have been following this case very seriously, because it is very crucial to our democratic norms and values. I am interested in how we can expand the space, deepen and widen the aptitude of democracy. An affidavit sworn to at the court under Section 131 is simply to say that I strongly believe that these documents are submitted and these forms are properly completed and are in accordance with my best intention to the best of my knowledge. An affidavit is not the cure or physical substitute nor a replacement for the physical availability of the document nor does it take the place of the INEC form CF001 08. We must also note that under Section 31 sub- section 1, INEC cannot disqualify any candidate, but they have a duty to say, excuse me sir, we have seen your form, we don’t want impunity here, we want a level play ground. Those who doubt Buhari’s qualifications should prove it – Wahab Shittu The issue as to whether Buhari or any candidate is eligible or qualified in terms of qualifications to aspire to the office of the president of Nigeria is not a trivial matter or a non-issue but one of fundamental constitutional significance that clearly falls in the realm of issue based campaign. I, therefore, disagree with any suggestion that those raising the issue are petty or engaged in any smear campaign against Buhari’s candidacy. It is, therefore, proposed in this intervention to examine relevant constitutional provisions on the matter including judicial attitude through the cases in order to assist informed analysis on the subject matter. Section 131(d) of the Constitution of the Federal Republic of Nigeria (as amended) dealing with qualification for election for the office of the president provides as follows: “A person shall be qualified for election to the office of the President if – … he has been educated up to at least School Certificate level or its equivalent”. On the surface, one may be inclined to think that theclear import of this constitutional provision is that the minimum qualification that an aspirant for such exalted high office must possess is education up to at least the Secondary School level. What then is the meaning of the phrase ‘minimum’? The Black’s Law Dictionary 8th edition page 1016 defines minimum as follows: “Of, relating to, or constituting the smallest acceptable or possible quantity in a given case …” The question that arises is whether in the light of the above constitutional provision, such aspirant necessarily must acquire such Secondary School Certificate or whether merely passing through the four walls of a Secondary School without graduation from the said Secondary School will suffice to satisfy the provision. In the case of HASKE V MAGAGI (2008) 3 LRECN PG. 127 AT 130 RATIO 2the Court of Appeal Kaduna Division held on the meaning of ‘Education up to Secondary School Certificate level or its equivalent as follows: “Section 318(1) of the 1999 Constitution defines, “School Certificate or its equivalent” in sub- paragraph (b) thereof to inter alia mean, “education up to secondary school certificate level.” It is the law, that where a word or phrase has been legally defined in an enactment, not only will its ordinary or popular meaning give way, its meaning according to its definition in another legislation can also not be imported into the enactment in which it has also been defined. See Yaro v Kurdah&Anor (1989) 1 NEPLER 1. Thus, in a number of decided cases, this court held that the meaning of definition of level of school certificate or its equivalent as contained under section 318 of the 1999 Constitution, can accommodate candidate who woefully failed in their bid to obtain a West African School Certificate (WASC). They are described as WASC “attempted” to “failures”. In essence, a candidate need not to have obtained the secondary school certificate level or passed the secondary school certificate examination. It is sufficient that such a person has attended a secondary school and read or studied up to the secondary school level, without passing and obtaining the certificate. See Bayo v. Njidda (2004) 8 NWLR (Pt. 876) 544; (2003) 3 LRECN 114. Chukwu v. Icheonwo (1999) 4 NWLR (Pt. 800) 597; (1999) 4 LRECN 332.(Pp. 143-144, paras, G-C).” Similarly in the case of AIKULOLA VS. AKOGWU (2006) 41WRN pg. 29 – 111, particularly at 46 ratio 11 the Court of Appeal Abuja Division while construing the meaning of the words ‘School Certificate’under Section 318 of the 1999 Constitution held as follows: “Under section 318 of the 1999 Constitution, the words “school certificate” or its equivalent mean: (a) Secondary School Certificate or its equivalent or Grade II Teachers Certificate, the City and Guilds Certificate; or (b) Education up to Secondary school level; or (c) Primary Six Leaving Certificate or its equivalent plus (i) Service in the public or private sector in the Federal in any capacity acceptable to the Independent National Electoral Commission for a minimum of 10 years and (ii) Attendance at course and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totaling up to a minimum of one year; and (iii) The ability to read, write and understand and communicate in the English language to the satisfaction of the Commission. In effect, a person seeking to become a candidate for an election to the House of Assembly of any State in the Federal Republic of Nigeria must possess at least one of the qualifications set out in (a) or (b) or (c) above. See Bayo v. Njidda (2004) 8 NWLR (Pt. 876) 544 at 618 – 620.” Per Odili, JCA (Pp. 81 – 82) lines 45 – 35 ‘School certificate or its equivalent’ means (a) A Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or (G) education up to Secondary School Certificate level; or (c) Primary Six School Leaving Certificate or its equivalent.” Per Rhodes-Vivour, JCA (P. 104) lines. 30 – 45. The other issue that is relevant is the person who has the burden to prove such qualification whether it is the candidate who is aspiring for such office that must show that he has passed through a secondary school or the person alleging otherwise that must show that the aspirant does not hold such qualification? The answer to this poser was given in the case of Haske v. Mogaji (supra) where the court held on the question of onus to prove as follows: “It is both legal and logical that the mere fact that a party has pleaded in his petition that the other party is not qualified to contest an election, because he lacked the requisite educational qualification is not sufficient for the Tribunal to latch unto it and decide on it, in the absence of cogent and credible evidence of such non-qualification or disqualification being placed before the Tribunal. In the absence of evidence, such a plea in the petition ends and/or terminates with the petition”. It is clear from the foregoing that it is the person alleging non-qualification of the candidate that has the responsibility of showing by cogent/convincing evidence that such aspirant never attended any such secondary school as alleged. The foregoing analysis may have revealed the following: (a) Buhari’s eligibility to contest for the office of the president of Nigeria can only be challenged if those making the allegation can show either that he has never attended any secondary school, that he never possessed any primary school leaving certificate, that he has never served in any public service for a period of 10 years in addition to his primary school certificate or that he has never sat for any school certificate examination. It is immaterial whether he passed or failed such examination. To succeed, they must also show that he does not possess any higher qualification above the minimum requirement of secondary school certificate. In otherwords, they must show that all certificates acquired by the General in consequence of his military training at home and abroad culminating in his rising to the position of a Major- General in the Army were certificates below secondary school level or certificate. It is those making these allegations who must prove the allegations against the General. It is not the General who must show that he possesses such qualifications. The law is, ‘He who asserts must prove’. (b) The army authorities had publicly admitted that they have records of Buhari’s qualifications in their custody. The army being a public institution can furnish the Certified True Copies of Buhari’s qualifications to appropriate authorities, including INEC at the request of those making the allegations without bordering the General for such obligations.
Posted on: Fri, 23 Jan 2015 09:10:24 +0000
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