It won't affect the case of Buhari because of the rigged system in operation. The body language is obvious, it took one year plus to get to this level, it will take more than three years to get to a conclusion. Many tactics will be employed including transferring judges, to investigation of judges assigned the case. See even the mainstream news media dare not cover it. The gain for Nigerians is that for those willing to see their eyes are now open to the realities of fraud in high places!!

Surfboard:
The ACJ Act of 2015 can't be used here, because it's not a criminal matter. This certificate issue is purely civil. I'll explain.

Firstly, only government can prosecute a criminal matter in court. Where they don't want to, and a private individual wants to, the individual has to gain the consent of the Attorney-General, to be able to do so. The reason why instituting a criminal action against Buhari at this time won't hold is because the constitution protects the president from criminal prosecution. If the plaintiff in this suit can prove that Buhari doesn't have a WASC, then after Buhari may have been removed, criminal action may be instituted.

One of the best ways to differentiate between civil and criminal matters is in the relief being sought. While in criminal matters, the judgment is either imprisonment or payment of a fine, in civil matters, it's more about compensation, or a return to status quo(which is the case in this certificate matter).

I endoorse ur reasoned and trite opinion.
Atleast kcnwaigbo and cohorts will get off my mention. People who dont want to bend down and learn, making noise to gather likes.

Such a poor world. This case is dead. its a dead end. How would this sail through base on his immunity. This is not joathan, he will do eveything humanly possible to grind it with his infleunce. A government that was built on trust. O no this administration have lost its credency/intergrity. Its left for the subject to present his lost certificate. what else would he do. Hire 30 councels to defend his sweat. To my best knowlegde if it ever exist buhari will find cambridge to defend him. Now i think it left to the credit of our judiciary. He who seeks Equity must come with clean hands. running to defence is a sign of weakness.

Montaque:


I endoorse ur reasoned and trite opinion.
Atleast kcnwaigbo and cohorts will get off my mention. People who dont want to bend down and learn, making noise to gather likes.

Thank you, you've really given your all in making them see reason. If they choose to remain on the side of ignorance, then so be it.

histemple:


I am still trying to figure out the basis of your argument. Even if you want to argue that the present case is for declaration ONLY, will declaring him unqualified to contest for the presidency on the ground of perjury and forgery not make him a criminal?

I agree that this present case is civil but you need to understand the technicalities in most civil proceedings.

Remember that Buhari can't be declared unqualified if he didn't lie on oath or forged certificate.

A declaratlon that he lsnt qualIied ab initio cannot make him a criminal in law. Only conviction does, and he cant be convicted civily

youngest85:


Oga na naija b dis o!

Let me even ask u...is saraki still d senate president?

So, you are even saying this is Nigeria when your Buhari with the most powerful body language is in charge? Buhari case is stronger than Saraki's case. Buhari does not have schoool certificate, while Saraki's case is more of witch hunting. For example, his trial judge is also an accused person, yet Buhari is looking the opposite side. If Saraki was not the senate president, Buhari would have not looked at his side. Buhari has caused too many problems such that the country is at the most confused stage.
Buhari is the cause of all these hopelessness. Why is it taking Buhari to provide his certificate, he is going to hire thirteen Sans. What this means is to causing more confusion, hoplesness and troubles in the country. Buhari is very bad luck to this country.

stefan388:
So, you are even saying this is Nigeria when your Buhari with the most powerful body language is in charge? Buhari case is stronger than Saraki's case. Buhari does not have schoool certificate, while Saraki's case is more of witch hunting. For example, his trial judge is also an accused person, yet Buhari is looking the opposite side. If Saraki was not the senate president, Buhari would have not looked at his side. Buhari has caused too many problems such that the country is at the most confused stage.
Buhari is the cause of all these hopelessness. Why is it taking Buhari to provide his certificate, he is going to hire thirteen Sans. What this means is to causing more confusion, hoplesness and troubles in the country. Buhari is very bad luck to this country.

Nigerians like argument ehn!

Surfboard:


Thank you, you've really given your all in making them see reason. If they choose to remain on the side of ignorance, then so be it.

ur argument makes no sense, I admit that this is not a criminal cases but, You forget to mention that civil case can lead him to loosing his seat, listen this is pre-election matter and such cases are civil in nature but, if found guilty that will automatically invalidate his mandate and force him out of office.... Their are many cases of pre-election matters that have removed many Governors with immunity from office and the president is no different.

aisammy4:


I think we should do more research on this issue of Buhari's certificate this before making comments.

Im not a lawyer, but i heard that anybody with 10 years of experience in the public sector can contest for election. On the other hand, President Buhari pass through a military school. Do you think if Buhari his not educated, he can become a military President to rule NIGERIA just like that? I even read Buhari also trained at US War College. This is a school with an equivalent certificate for masters programme if not higher. So, what are now saying...a graduate or equivalent which President and the People's General "as i call him" Buhari has.

Yes, but how did he get into the civil service? The law states that a minimum of WASC was needed to get admitted into the military, but buhari has non but got admitted through the back door. That makes his military service a nullity.

kcnwaigbo:

What is the difference between perjury and lying under oath? What is the difference between forgery and writing a fake result? These offences are purely criminal in nature

Lalasticlala please come and move this thread to the permanent site

same as in 6 and half a dozen.

o42austino:
ur argument makes no sense, I admit that this is not a criminal cases but, You forget to mention that civil case can lead him to loosing his seat, listen this is pre-election matter and such cases are civil in nature but, if found guilty that will automatically invalidate his mandate and force him out of office.... Their are many cases of pre-election matters that have removed many Governors with immunity from office and the president is no different.

It's either you didn't read my initial post entirely, or you lack basic comprehension skills. You can go back and read it again and then realise this your rant was useless.

Let me enlighten you on this.

In law, there is a legal maxim called 'Ex nihili, nihili fit'.

It means you cannot build something on nothing.

If someone is admitted to study law in a university and he used a fake WAEC result and he was lucky to graduate without discovering the fake WAEC. Upon completion of his University education (which he entered with a fake WAEC) he got a genuine Degree in Law. After then he was admitted to Law School and also graduated and later he did his Masters in Law-LLM.

The concept of ex nihili nihili fit says even though his LLB, Law School Certificate and LLM are not fake, because his WAEC which is the basis of getting those higher qualifications is fake, then every other qualification is null and void. You cannot build something on nothing. It is like you building a house on a land that is not yours. The day the ownership is determined, the house cannot stand. It must be demolished.

This means, if truly Buhari did not meet the requsite to join the army in the first instance, everything he has become in the army is also fake. It cannot stand. So his war school certificate and all other of such are useless because abnitio, he is not qualify to be recruited into the Army.

The same thing applies to his presidency. If truly it could be proven that he did not meet the basic requirement to contest the election as claimed in his electoral form, his presidency cannot stand, hence he cannot enjoy any immunity.

I hope you understand the legal implication.

aisammy4:


I think we should do more research on this issue of Buhari's certificate this before making comments.

Im not a lawyer, but i heard that anybody with 10 years of experience in the public sector can contest for election. On the other hand, President Buhari pass through a military school. Do you think if Buhari his not educated, he can become a military President to rule NIGERIA just like that? I even read Buhari also trained at US War College. This is a school with an equivalent certificate for masters programme if not higher. So, what are now saying...a graduate or equivalent which President and the People's General "as i call him" Buhari has.

kcnwaigbo:


Are perjury and forgery not criminal offences?

You mind these bunch of retards zombies defending illegality? I pray there wil be a speed hearing of this case. Bunch of mofos.

buragidi:
Let me enlighten you on this.

In law, there is a legal maxim called 'Ex nihili, nihili fit'.

It means you cannot build something on nothing.

If someone is admitted to study law in a university and he used a fake WAEC result and he was lucky to graduate without discovering the fake WAEC. Upon completion of his University education (which he entered with a fake WAEC) he got a genuine Degree in Law. After then he was admitted to Law School and also graduated and later he did his Masters in Law-LLM.

The concept of ex nihili nihili fit says even though his LLB, Law School Certificate and LLM are not fake, because his WAEC which is the basis of getting those higher qualifications is fake, then every other qualification is null and void. You cannot build something on nothing. It is like you building a house on a land that is not yours. The day the ownership is determined, the house cannot stand. It must be demolished.

This means, if truly Buhari did not meet the requsite to join the army in the first instance, everything he has become in the army is also fake. It cannot stand. So his war school certificate and all other of such are useless because abnitio, he is not qualify to be recruited into the Army.

The same thing applies to his presidency. If truly it could be proven that he did not meet the basic requirement to contest the election as claimed in his electoral form, his presidency cannot stand, hence he cannot enjoy any immunity.

I hope you understand the legal implication.

Please educate the illiterate well bro.Thanks for the effort.

Nellybii:


It is obvious that the anti corruption crusade is why you hate PMB so much nothing more. Lawless bunch. No more free money ntoooo.

Excuse me, we are talking about a criminal, a fraud and a cheat, and here you are talking about fighting corruption.

Even the most criminal minded government in the world still arrest and prosecute criminals in the course of its administration.

kcnwaigbo:

Gbamest!!!

Gbam! Gbamer!! Gbamest!!! Lol.

MadamExcellency:


Excuse me, we are talking about a criminal, a fraud and a cheat, and here you are talking about fighting corruption.

Even the most criminal minded government in the world still arrest and prosecute criminals in the course of its administration.

Powerful man. Pls tellam make him hear. Anti corruption fight upon corrupt foundation lol.

buragidi:
Let me enlighten you on this.

In law, there is a legal maxim called 'Ex nihili, nihili fit'.

It means you cannot build something on nothing.

If someone is admitted to study law in a university and he used a fake WAEC result and he was lucky to graduate without discovering the fake WAEC. Upon completion of his University education (which he entered with a fake WAEC) he got a genuine Degree in Law. After then he was admitted to Law School and also graduated and later he did his Masters in Law-LLM.

The concept of ex nihili nihili fit says even though his LLB, Law School Certificate and LLM are not fake, because his WAEC which is the basis of getting those higher qualifications is fake, then every other qualification is null and void. You cannot build something on nothing. It is like you building a house on a land that is not yours. The day the ownership is determined, the house cannot stand. It must be demolished.

This means, if truly Buhari did not meet the requsite to join the army in the first instance, everything he has become in the army is also fake. It cannot stand. So his war school certificate and all other of such are useless because abnitio, he is not qualify to be recruited into the Army.

The same thing applies to his presidency. If truly it could be proven that he did not meet the basic requirement to contest the election as claimed in his electoral form, his presidency cannot stand, hence he cannot enjoy any immunity.

I hope you understand the legal implication.

Point of correction. Buhari became a military president via coup & not by election. Secondly, he may have joined d war school in d period when consideration & leniency were given to d north against their southern counterparts

Thisis interesting jst to shoW us cert bubu go care 15 Or hw many SAN na whao o no wonder the country is in this mess n the dullard n his team wll nt stop blaming past govt cuz dey lack direction of what to do.

adehsenior:
OP you should have quoted the ACJ acts 2015 so that laymen like us will know what it says.

Please the Act does not apply because the it only governs criminal trials respecting offences established by the National Assembly and other offences punishable in the FCT.

Buhari's is a civil suit. We shall come to that later. However, the section the poster was referring to is:
Section 396(3), it states that upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.

adehsenior:
OP you should have quoted the ACJ acts 2015 so that laymen like us will know what it says.

Please the Act does not apply because the it only governs criminal trials respecting offences established by the National Assembly and other offences punishable in the FCT.

Buhari's is a civil suit. We shall come to that shortly in subsequent posts.

However, the section the poster was referring to is:
Section 396(3), it states that upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.

cc
paulancebabay
dotcomnameneme
nellybii
toprealman
042austino
aisammy4
stefan388
jide032
bhol28
olujoba samuel
jossyj
harzhan
lydabobo

kcnwaigbo

youngest85

adehsenior

montaque
pointstores
madamexcellncy
qyid
mrmash
bukynkwuenu

modelmike7

general1970
izzou

beershorp
adekorya

.

MadamExcellency:


The case is not different from Saraki's case.

Non declaration, false declaration or whatever resemblance has been ruled by the court as a criminal case hence Buhari is facing a criminal charge of false declaration of academic qualifications.

The first Buhari lost his position as Speaker of HOR because of this same crime and we are anticipating that Gen Buhari will not only lose his position as President but also his Military pension and time of service.

What a tragedy.

Dear, it is different. Buhari is not facing a criminal trial. It is civil. The prayer of the plaintiff is that Buhari's certificate of return be withdrawn by INEC (that's if he was ineligible to contest in the first instance. and another issued to Jonathan who came second.


ASIDE: INEC cannot withdraw such certificate except upon review or rather authorisation by court.

southpole:
For those who want to see this case go on, I am sorry to say that you will be disappointed, prosecuting BUHARI will be tantamount to going against the constitution which states that the president and governors cannot be prosecuted while in office. This case can only come up after BUHARI has finished his first term or second term if he contest and win again. The quest for certificate rather than know how is one of the problems pulling this country back, though a man know how to do it well but because there is no paper qualification to back it he should not be given the job, what an irony? How many of us take our cars to an automobile professor in the university for repairs? I saw many rushing to roadside mechanics because they can fix our cars yet we call them illiterate while a university graduate of automobile engineering is called educated even when he cannot fix his own car.

Please, this is not prosecution as it is not a criminal matter.

Refer to my immediate previous posts.
Your reservations regarding the case in view of immunity clause is, however, germane. The exception falls under matters instituted against them in official capacity. Could the present case be said to fall under that? It appears it doesn't given its nature especially as pre-election issue. To hold otherwise would mean that whoever rigs and gets into power would remain protected. Many governors have in the past been removed from offices through court actions.

But for time I would have researched further on it.


cc:


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042austino
aisammy4
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adekorya



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harzhan:
I would say this is a civil suit and the consequence of this is same with whether it's criminal - he leaves office. ACJ doesn't have anything to with this. Admittedly, this is a case that has civil and criminal elements and as of law the criminal elements should be decided upon first but the case was filed as a civil suit, the SC will not tell a counsel how to. Would love to hear your constructive criticism on this notion.

Hmmm.
Do you think that the rule in Smith v. Selwyn still applies? Methinks it no longer does. See s.5 Criminal Code, ss. 6(6)(b), 315, and 46 Constitution and s. 8 Interpretation Act.

ASIDE: The rule -- which has been abolished in England -- is to the effect that where an action gives rise to both criminal and civil wrong. The criminal part should be disposed of first and until then civil action cannot be commenced.


I

MadamExcellency:


The case is not different from Saraki's case.

Non declaration, false declaration or whatever resemblance has been ruled by the court as a criminal case hence Buhari is facing a criminal charge of false declaration of academic qualifications.

The first Buhari lost his position as Speaker of HOR because of this same crime and we are anticipating that Gen Buhari will not only lose his position as President but also his Military pension and time of service.

What a tragedy.

Sorry keep deceiving yourself.

Dcomrade:

A dictator is always a dictator......

Whatever..

kcnwaigbo:

Dictator or no dictator,once the supreme court rules against him,he is out

I wan see the supreme court judge wey go rule against him, Fear no dey him dictionary?

kcnwaigbo:

So even if he loses the case we should let him finish his four years smh !! That must be peace of the graveyard

How will he loose the case? Which judge wan rule on that nonsense? Are you talking about the case PDP could not win in court before the election? Keep deceiving yourself. I haven't set my eyes on my waec Certificate for like 5yrs now and you will tell me i dont have it ba? PMB sat for his Waec about 55 yrs ago or so. If the Military cannot provide his Waec result, They should sue the military instead.

Lawstudent:



Hmmm.
Do you think that the rule in Smith v. Selwyn still applies? Methinks it no longer does. See s.5 Criminal Code, ss. 6(6)(b), 315, and 46 Constitution and s. 8 Interpretation Act.

ASIDE: The rule -- which has been abolished in England -- is to the effect that where an action gives rise to both criminal and civil wrong. The criminal part should be disposed of first and until then civil action cannot be commenced.


I

Please aver your point as I couldn't lay hands on the interpretation act and criminal code, hence can't really connect the dots. The sections of the constitution however, only brings to the fore judicial powers and existing laws which only buttresses my point. Whether or not the rule has been abolished in England doesn't mean it's relevance here has waned or also abolished here (Bigamy----looking at you), but with latest news of a fresh motion in court on the case only makes me think whether it's civil or criminal is purely procedural at this point.

kcnwaigbo:


The implication of this case is that Buhari was never president and thus has no immunity

Sorry bro Nigerians (95%) voted for him and will stand by him.. He did not just get into power without votes. Beside This man has been contesting since 2003 and nobody seem to talk anything about his WAEC until when they see the hand writting on the wall that they are loosing. That guy is just wasting his time cos those financing him will disown him later.

harzhan:

Please aver your point as I couldn't lay hands on the interpretation act and criminal code, hence can't really connect the dots. The sections of the constitution however, only brings to the fore judicial powers and existing laws which only buttresses my point. Whether or not the rule has been abolished in England doesn't mean it's relevance here has waned or also abolished here (Bigamy----looking at you), but with latest news of a fresh motion in court on the case only makes me think whether it's civil or criminal is purely procedural at this point.

Hmmm. You sound so naive. Let me reiterate that it does not apply in Nigeria as has been held even in some cases.
I am equally bothered that you are still confused respecting whether it is civil or criminal. Isn't that knowledge elementary?