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WHY A COURT WILL RULE IN BUHARI'S FAVOR ON THE WASC ISSUE - Politics - Nairaland

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WHY A COURT WILL RULE IN BUHARI'S FAVOR ON THE WASC ISSUE by sethken: 4:41am On Apr 23, 2015
I am not a fan of GMB but on the WASC issue he will prevail in a court of law. Let's do the legal analysis.

Two Nigerian citizens filed a suit in federal court alleging that GMB lied under oath, when he declared that his West African School Certificate was destroyed when his house was raided and set ablaze in 1985. The citizens allege that GMB does not possess a WASC. He did not graduate from the said government college as he claimed in his affidavit. Therefore, he is not eligible to seek the office of the President of Nigeria.

The Nigerian constitution governing the issue of eligibility to contest for the presidency says the following: to be eligible for the office of the President, a candidate must attain the age of 35, and complete a secondary school education or its equivalent. Even the most casual of jurists will agree that it is not enough to state that one completed his or her secondary education, one has to submit a qualifying document attesting to this fact. The constitution responds to this requirement by stating that a candidate must shows his or her qualification in two ways.

(1) submit a document such as WASC or its equivalent to INEC
(2) where such a document has been destroyed or lost due to unforeseen circumstance, a sworn affidavit attesting to the ownership of such document is sufficient.

It is very clear that GMB did not meet the first requirement as stated by the constitution. However, he met the second requirement. He swore an oath attesting to the completion of secondary education, and ownership of a WASC. By every legal standard, GMB met the requirement of the law.

Here comes a law suit stating that GMB lied under oath. What are the merits of the law suit?

In uncovering the merits of such a law suit, a court will apply a standard of review. Given the circumstance, the test a court will apply will be that of reasonable person. Will a reasonable person under the circumstance agree with the petitioners/plaintiff, that GMB lied under oath? The answer will always be no. Why?

(1) The Plaintiffs appear to be younger than GMB.
(2) The Plaintiffs were not students or officials of the said school GMB attended in 1960 or thereabouts
(3) No living person who claimed to have attended the said school in 1960 has come forward to refute GMB's affidavit.
(4) No group of persons from the graduating class of 1960, with certified WASC from 1960 have come forward to state that GMB was not part of the graduating class of 1960.
(5) None of the plaintiffs graduated from the said school in 1960.

Under the reasonable persons standard as applied by courts everywhere, the burden is on the petitioners/plaintiff to prove that GMB lied under oath. GMB followed the law . He swore and submitted an affidavit. The petitioners cannot carry their burden by only making conclusory statements. To carry their burden, they must submit to the court any credible document countering GMB's affidavit; or any credible person or persons, who will counter GMB's affidavit.

In addition, there is no evidence of a smoking gun- such as a letter from the principle of the school dating back to 1960, stating that GMB was not a student of the school, or that GMB did not sit for WASC or GMB did not complete his secondary education.

The petitioners suit in this case will be analogous to a frivolous law suit filed by any Nigerian who is upset that GMB tendered an affidavit rather than a certified copy of his WASC from London. One must have evidence that GMB lied under oath. It is not enough to state that GMB lied, such is a conclusory statement. A conclusory statement must be backed by facts to survive a thorough legal scrutiny. Without facts, a conclusory statement falls apart like a pack of cards.

Buhari is not required by Nigeria law to retrieve a certified copy of his certificate from the body that conducted the exam and submit same to the Nigerian public. It is up to GMB do so if he so chooses. Until the constitution is amended, GMB followed every letter of the law.

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Re: WHY A COURT WILL RULE IN BUHARI'S FAVOR ON THE WASC ISSUE by fromnigeria(m): 4:52am On Apr 23, 2015
After he won the election did you ever expect the reverse to be the case?
Re: WHY A COURT WILL RULE IN BUHARI'S FAVOR ON THE WASC ISSUE by lawdiami(m): 5:58am On Apr 23, 2015
In Nigeria with or without wasc u can still be what u wanna be (in Nas voice)........
Re: WHY A COURT WILL RULE IN BUHARI'S FAVOR ON THE WASC ISSUE by ardeks(m): 6:53am On Apr 23, 2015
I really love this

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