President Muhammadu Buhari
Kayode Ajulo, an Abuja based lawyer and former national secretary
of the Labour Party, says President Muhammadu Buhari is qualified by law
to contest the 2019 presidential election.
The lawyer, who doubles as the founder of Egalitarian Mission for
Africa, an NGO, said that for qualifications for elective position, the
Nigerian Constitution recognises Primary Six Leaving Certificate and
Public/Corporate Service Experience as School Certificate Equivalents.
Mr Ajulo told NAN in Lagos on Sunday that the controversy and
arguments over the president’s certificate were far fetched as he meets
all legal requirements to contest.
“Patently for lack of knowledge of the Constitution, most
people do not know what the Constitution provides as equivalents of
School Certificates because they are hidden in the Interpretation of the
material Section as PART IV, Section 318.
“It states that one does not even require any certificate to be President of Nigeria,” Mr Ajulo said.
He said that the issues of the 2019 elections, whose lives and
spaces relied on the constitution to thrive cannot be subjected to
pontifications for substance or logic.
“The academic qualifications or suitability of Nigeria’s
incumbent President Muhammadu Buhari has been one of the scathing issues
that have engulfed the space, particularly the media, wherein the issue
has received exponential attention and review.
“In 2015, the same certificate question was raised and was
highly controverted. It became a near albatross to the presidential
ambition of President Buhari.
“Even now that the president seeks re-election, the ghost of
the certificate question that resurrected to hunt itself has continued
to generate endless controversies.
“Section 131 (d) of the 1999 Constitution (as amended) has been
cited in support of the contention by proponents of that view to
support their position.
“The said Section (Section 131) provides: a person shall be
qualified for election to the Office of President if- (d) he has been
educated up to at least school certificate level or its equivalent.
“Section 177 (d) prescribes that candidates contesting election
into the office of State Governor must have been educated up to at
least School Certificate Level or its equivalent. By virtue of Sections
142 (2) and 187 (2), the provisions on educational qualification of
President and State Governors also apply to the Offices of Vice
President and Deputy Governors, respectively.
“Sections 65 (2) (a) and 106 (c) of the Constitution prescribe
that candidates contesting elections as National Assembly and State
House of Assembly members, respectively, must also have been educated to
at least School Certificate Level.”
According to Mr Ajulo, in Section 318, “School Certificate or
its equivalent” means:(a) a Secondary School Certificate, 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 10 years.
“Also (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 the electoral commission, and
“(d) any other qualification acceptable by INEC. This means
INEC has also been empowered by the Constitution to accept any piece of
employment paper as School Certificate equivalent to be President of
Nigeria.
“The provision of Section 318 (1) was construed by the Court of
Appeal in the case of BAYO v. NJIDDA (2004) 8 NWLR (Pt. 876) page 544
at 629H-630D, where Ogbuagu, J.C.A (as he then was) held: the above
provisions, are conjunctive and they qualify or mean “school certificate
or its equivalent.
“Therefore, if any one of them is not present/available, then,
the candidate is out. Even if (i), (ii), (iii) and (d) are accepable by
or satisfactory to INEC and therefore, cannot be questioned in a
tribunal as being final, the absence of (c), also disqualifies the
candidate,” he said.
He noted that while the President may or may not win re-election
bid on other grounds, the question of certification and the position of
the law on it is that he is qualified.
“It is the duty that lawyers must take on to educate the society of the truth,” he added.
He said that the constitution empowers INEC to accept any proof of
10 years previous employment as equivalent of School Certificate from
any presidential candidate to contest.
NAN