RAT RACE

I would try to make this piece as brief and concise as possible.

Section 131 of the Constitution of the Federal Republic of Nigeria (the constitution) provides;

“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 fourty 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.”

Section 318 provides;

“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 INEC for a minimum of ten years; and

ii. Attendance at courses and training in such institutions as may be acceptable to the INEC for periods totalling 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 INEC; and

d. Any other qualification acceptable by INEC.

Section 2 of the Independent National Electoral Commission (INEC) Act provides;

A person shall be qualified for election to the office of the President or the National Assembly if-

a. He is a citizen of Nigeria;

b. In the case of the President, he has attained the age of 40 years

c. In the case of a senator, he has attained the age of 35 years;

d. In the case of a member of the house of representatives, he has attained the age of 30 years;

e. He has been educated up to at least school certificate level or its equivalent; and

f. He is a member of a political party and is being sponsored by that party.

Section 3 states 11 reasons for disqualification from contesting for office of the President or the National Assembly, none of which Gen Buhari has been accused of except perhaps paragraph (h) which is on the basis that;

He has presented forged certificates to the Commission.

Having cited these provisions, I do not see the cause for the uproar regarding General Buhari’s Certificate (or for some, the lack thereof). The Act establishing, enabling and empowering INEC is clear, as are the relevant provisions of the Constitution.

The Constitution is the grundnorm and every law takes its legality from the Constitution and where any law contains any provisions that are inconsistent with the constitution, such a law or provision in such a law is null and void to the extent of that inconsistency.

I am of the view that the various qualifications that cover the term “school certificate or its equivalent” is well covered. General Buhari had indeed produced his certificate and unless anyone can invoke the provisions of Section 3 (h) of the INEC Act on the basis of it (the certificate produced) being a forgery, then the matter is sufficiently rested. No proof of the said certificate being a forgery has so far been produced. Also, the man in question is a General in the Nigerian army. The various trainings received in the military (I believe) must include the provisions or qualifications provided for in Sec 318 (b). 

Some have also argued the fact that the certificate is not in question but rather the fact that it was not attached to the INEC Form submitted by Gen Buhari to signify his candidacy for the office of President on the platform of the APC. They argue that the fact that Gen Buhari failed to attach his certificates to the INEC Form invalidates the Form itself and must therefore be disregarded.

I beg to differ.

The Constitution again clearly states in the aforementioned Section 131 that “a person shall be qualified for election to the office of President if…” There is no ambiguity whatsoever in this provision. The Constitution is based on the premise that upon satisfaction of the requirements of Paragraphs (a) to (d) of Section 131, such a person SHALL be qualified for election. It is simple.

On this basis therefore, I do not see why time is being wasted on attacking the man (who by the way has run for the office of the president at least three times before) and/or his certificate(s) rather than focusing on issues currently affecting the polity. I believe that priorities are misplaced.

What this unwarranted attack and distraction only goes to show is the fact that the ruling party (the PDP) at this time admits the strength and the possibility of the opposition winning the presidential elections and merely seek to oust him on a purely technical ground. This is not serving the PDP well.