Undoubtedly, Section 131(d) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) prescribes a School Leaving Certificate or its equivalent as the minimum educational qualification for candidates contesting election to the office of the President of the Federal Republic of Nigeria. It stipulates that candidates must be “educated up to at least school leaving Certificate Level or its equivalent”. Said section provides inter alia:
“131.A person shall be qualified for election to the office of the President if-(d) he has been educated up to at least school certificate level or its equivalent”.
The above provision of the Constitution currently forms the topic of vigorous discussions and debates in the media and several other fora. Some legal practitioners have already commenced legal proceedings seeking judicial interpretation of the subject, particularly in view of the fact that the nation’s general elections, billed to hold across the nation in March, 2015 are at hand.
The popular view is that a candidate contesting for the office of the President will not be eligible to so contest unless he/she produces a Secondary School Leaving Certificate. Section 131(d) has been cited in support of this popular view.
This article seeks to shed light and provide adequate explanation and interpretation of Section 131(d) from a legal point of view through the use of neutral, holistic and well established Canons of legal and statutory interpretation.
If Section 131(d) is construed in its ordinary, literal or grammatical sense, then it will mean that a presidential candidate who does not possess the Secondary School Leaving Certificate or its equivalent is not qualified to contest elections for the office of the president. A careful and a combined reading of Sections 131(d) and 318(1) of the constitution will reveal the true intention of the draftsmen. It is pertinent for whoever seeks to arrive at the true legal meanings of the contents of the Constitution to always read section 318 (definition section to the Constitution) along with other sections of the Constitution in arriving at the actual and intended meanings ascribed thereto. Section 318(1) defines and provides thus:
“(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 (“INEC”) 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 a period totaling up to a minimum of one year, and (iii) the ability to read, write 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;”
It is evident from the above definition section of the Constitution that the meaning of “ school leaving certificate or its equivalent”, for the purpose of section 131(d), is a lot more flexible and accommodating than the popular view. The section gives room for candidates with the Primary School Leaving Certificate coupled with experience in the private or public sector and who have attended courses during the period of the service totaling up to at least a year to contest. In addition, such Primary School Certificate holder must also demonstrate the ability to read, write and communicate in the English Language to the satisfaction of no one else but the INEC.
Note also that the conjunction “and” and “or”, as they appear at the end of each subsection, are to be interpreted conjunctively and disjunctively respectively. In other words, a candidate may choose to rely on any one of (a), (b), (c) or (d) of Section 318(1) in isolation. A candidate need not meet all the requirements to be eligible to contest. It suffices to say that only a candidate relying on (c) must also satisfy the conditions in (i), (ii) and (iii). The above interpretation was given judicial recognition in the case of BAYO v. NJIDDA (2004) 8 NWLR (Part 876) page 544, at 629.
While (a) above requires a candidate relying on same to produce a Certificate evidencing that he has passed the Secondary School Examination, a candidate relying on (b) need not produce certificates to show that he sat for or passed the Secondary School Examination. The candidate relying on (b) only needs to show evidence of having been educated up to the Secondary School Level. “Evidence” here is being used in a generic way and does not in any way require such candidate to compulsorily or mandatorily produce a Secondary School Leaving Certificate. Evidence can be in the form of testimonials, affidavits or even photographs. Furthermore, a candidate relying on (c) must produce his/her Primary School Leaving Certificate and further demonstrate to the INEC that he can read, write and communicate in the English Language, show evidence of service in private or public sector and produce attendance of courses and training in the course of service. Subsection (d) indeed extends the definition and states further that “any other qualification acceptable to the Independent National Electoral Commission” will be sufficient. A lot of discretion is placed on INEC by said Section, and same must be exercised judicially and judiciously.
There is always the need to acknowledge the trite rule of interpretation of statutes, which is to the effect that a section of a statute should not be construed in isolation. All sections in a statute must be interpreted conjunctively, especially where the statute has a definition Section, as it is the case with the 1999 Constitution (as amended). Section 131(d) should therefore be construed in conjunction with Section 318(1) of the Constitution which defines the phrase “School Certificate and its equivalent”.
Author(s):
Vincent Oniga

Mynd44
Duwdu
Sarrki
Kingkakaone
Oghenaogie
Caseless
Sirjamo
Cajal

From that post,it is crystal clear that buhari is qualified to contest as president even more than atiku

Maybe he will not be qualified in 2023. For now, Buhari is President from 2015 to 2023.

In addition, such Primary School Certificate holder must also demonstrate the ability to read, write and communicate in the English Language to the satisfaction of no one else but the INEC.

Shikena.

Alright

Buhari chose path A..according to what u posted he must produce his certificate (
a) above requires a candidate relying on same to produce a Certificate evidencing that he has passed the Secondary School Examination, a candidate relying on

senatordave1:
From that post,it is crystal clear that buhari is qualified to contest as president even more than atiku

deji68:
Buhari chose path A..according to what u posted he must produce his certificate (
a) above requires a candidate relying on same to produce a Certificate evidencing that he has passed the Secondary School Examination, a candidate relying on

Buhari chose part b and c sir according to the petitions before the tribunal

madridguy:
In addition, such Primary School Certificate holder must also demonstrate the ability to read, write and communicate in the English Language to the satisfaction of no one else but the INEC.

Shikena.

Inec is clearly satisfied.during cross examination,bihari lawyers kept asking atiku witnesses whether buhari can speak english,read or write and most agreed.

senatordave1:

Buhari chose part b and c sir according to the petitions before the tribunal

if it's part b and c ,he will not refer to the custody of the Nigerian army and his defence team will not produce evidence from Cambridge and waec , what educated up to means is that you need not pass but evidence of an attempt showing completion of studies

Xenophobia: South Africa speaks on ‘cutting’ bilateral ties with Nigeria



The South African Acting High Commissioner to Nigeria, Amb Bobby Moroe, on Sunday said his country will not cut bilateral ties with Nigeria.

He said his country remained committed to strengthening bilateral ties with Nigeria.

Moroe told the News Agency of Nigeria (NAN) on Sunday in Abuja that the relationship between Nigeria and South Africa would remain strong and on course.

The envoy said President Muhammadu Buhari and his South African counterpart, Cyril Ramaphosa, were expected to meet in October to discuss modalities to address attacks on Nigerians living in that country.

Meanwhile, in a statement by Khusela Diko, spokesperson to the President, the South African Government said President Buhari’s state visit would reinforce the bond between both countries.

Diko stated that the visit, next month, would further strengthen their bond and jointly develop responses to challenges affecting people and businesses in South Africa and Nigeria.


According to him, President Cyril Ramaphosa held discussions, on Sept. 6, with Nigeria’s Special Envoy, Amb. Ahmed Abubakar, on violence in South Africa and developments in Nigeria around South African businesses.

“The visit to ............................................

Continue Read Through The Below Link
https://www.naijanewsgist.com/news/xenophobia-south-africa/

surgical:
if it's part b and c ,he will not refer to the custody of the Nigerian army and his defence team will not produce evidence from Cambridge and waec , what educated up to means is that you need not pass but evidence of an attempt showing completion of studies

That affidavit involving the army was from 2015,pastense.he has proven that he wrote the exams.mind you in his formcf001,he included his military certificate and fslc that's why atiku lawyers claimed that the primaru school he attended were fake and the courses attended abroad were not certificated

So why did he lie that his Certificates are with military Board if he is not rquired to provide them

senatordave1:

Buhari chose part b and c sir according to the petitions before the tribunal

senatordave1:

That affidavit involving the army was from 2015,pastense.he has proven that he wrote the exams.mind you in his formcf001,he included his military certificate and fslc that's why atiku lawyers claimed that the primaru school he attended were fake and the courses attended abroad were not certificated

He did not include anything,you don't have the details of what you are defending. No military certificate,he just said officer cadet, and he have been using same affidavits since he started contesting
Only that this is the first time it will get serious scrutiny

Unnecessary rhetorical question.

zombie zombie Zombie Apocalypse

op is a first class zombie.

na you ask question, na you yourself first answer am



Buhari is a mistake and calamity. kiss the truth

heckymaicon:
zombie zombie Zombie Apocalypse

op is a first class zombie.

na you ask question, na you yourself first answer am



Buhari is a mistake and calamity. kiss the truth

Better pass your nobody papa,wethin be your last name again?

surgical:
He did not include anything,you don't have the details of what you are defending. No military certificate,he just said officer cadet, and he have been using same affidavits since he started contesting
Only that this is the first time it will get serious scrutiny

In summary,he is qualified.now go back to sleep

deji68:
So why did he lie that his Certificates are with military Board if he is not rquired to provide them

That had been settled by the supreme court.atiku has failed

senatordave1:
From that post,it is crystal clear that buhari is qualified to contest as president even more than atiku

The problem now is the pejury he committed when he swore an affidavit knowing fully well it was a lie ..

FarahAideed:


The problem now is the pejury he committed when he swore an affidavit knowing fully well it was a lie ..

how is swore of an affidavits a perjury ? If buhari has see his waec certificate, no need for attestation from waec. Hence, the affidavit is in order.

Case close.

senatordave1:

Inec is clearly satisfied.during cross examination,bihari lawyers kept asking atiku witnesses whether buhari can speak english,read or write and most agreed.

President Goodluck Jonathan came under pressure to prosecute Candidate Muhammadu Buhari over various allegations in the run-up to the 2015 presidential election — but he declined and eventually lost to the former military head of state.

Mohammed Bello Adoke, who was attorney-general of the federation and minister of justice under Jonathan, made this revelation in his memoirs, “Burden of Service: The Reminiscences of Nigeria’s Former Attorney-General”, which is due for release in Nigeria on September 16.

He said politicians brought up the issues surrounding Buhari’s secondary school certificate, the execution of three convicted drug couriers under a retroactive decree in 1985 and the 2011 post-election riots in which hundreds were killed as grounds for the arrest and prosecution of the flag bearer of the All Progressives Congress (APC).

“Buhari was accused of being in violation of the provisions of Sections 131 of the 1999 Constitution on minimum educational qualification and Section 31 (3) of the 2010 Electoral Act which required that copies of his school certificate be attached to the INEC Form CF001. Buhari did not attach the certificate. Law suits were filed in court. In all, there were 13 court cases challenging his eligibility, the most prominent being the one filed by a certain Chukwunweike Okafor. Indeed, many private citizens went to court to challenge Gen. Buhari’s eligibility,” Adoke wrote in the book published by Clink Street Publishers in London and New York and seen in advance by TheCable.
“While the controversy was raging, a West African Senior School Certificate (WASSC) purportedly issued by the Katsina State Ministry of Education suddenly surfaced on the internet. On the face of it was the picture of a 72-year-old Buhari. It was dated 21 January 2015 (meanwhile, Katsina State was created in 1987).

The certificate also contained a grading scheme that was not in use in 1962, around the time he was said to have sat for the examination. This generated public outrage as people were questioning the authenticity of the certificate and whether, indeed, Gen. Buhari had the requisite qualification or had committed forgery. A lot of petitions were sent to the Office of the Attorney-General of the Federation requesting that Buhari be prosecuted for forgery and INEC be advised to disqualify him.

“In one instance, I received a letter from a lawyer asking for a fiat to prosecute Buhari on the ground of certificate forgery. I was constrained to deny the application as the lawyer had not furnished me the requisite material upon which I would exercise such discretion. Beyond applying for a fiat, the lawyer was also required to show evidence of having made a complaint to the police. A report detailing the outcome of the investigation was essential to ground such a fiat.”


THE MIMIKO CONNECTION

Adoke said at a point, Olusegun Mimiko, then governor of Ondo state and member of Peoples Democratic Party (PDP) — the party Jonathan belonged — asked that the lawyer be granted the fiat.

“A week later, I met up with Dr Olusegun Mimiko, then Governor of Ondo State, at his request. After the exchange of pleasantries, he brought up the issue of the lawyer’s request for a fiat to prosecute Gen. Buhari and appealed to me to grant it. I informed him that, regrettably, I was unable to grant the request for a number of reasons. I reiterated my response to that lawyer.

I emphasised to Mimiko that the candidate in question was a former Head of State. In my opinion, even if he had no certificate, being a retired General in the Army, he must have passed Staff College which was more than an equivalent of the WASSC. I added that as a former Head of State, Gen. Buhari’s experience would be more than ‘an equivalent’ of a school certificate. I drew attention to the provisions of Section 318 of the Constitution to support my assertion,” Adoke narrated.

“When I left Mimiko, I became worried that there was something going on in the political environment that I was not aware of. I drove straight to the President’s residence. After recounting my interaction with Mimiko and the uncanny feeling that was bothering me to him, he calmly responded: ‘Do what is right.’

“Having had the presidential assurance to ‘do what is right’, I decided to be pragmatic… I knew my job was well cut out for me. I was a member of the National Security Council. I knew the implications of a breakdown of law and order were Buhari to be disqualified. Besides, President Jonathan had persistently assured the world that his ambition was not worth the blood of any Nigerian.”


THE PINOCHET TREATMENT

Adoke said it was not just the certificate issue that was being used against Buhari.
“There was also the retroactive sentence and execution of three Nigerian citizens under his watch as military Head of State. At 8:30 am on 10 April 1985, three young Nigerians were tied to the stakes at Kirikiri Prison and executed by a military firing squad. Bartholomew Azubike Owoh, 26, a former employee of Nigeria Airways, Lawal Akanni Ojuolape, 30, a spare parts dealer, and Bernard Ogedengbe, a 29-year-old sailor, had been sentenced to death, separately, by a military tribunal in December 1984,” he wrote.

“They were found guilty of illegal possession of cocaine and heroin, punishable by death under Decree No. 20 of 1984. The death penalty was introduced after the offences had been committed. Despite the public outcry, the law was applied retroactively… In 2015, Buhari was being called upon to account for his past. People were ready to resuscitate the matter by liaising with the three families concerned to institute a suit against Buhari in the UK with a view to getting him arrested and put on trial under the principle of ‘universal jurisdiction’.

“Under this principle, former Heads of State could be prosecuted outside their countries for crimes committed while in office. General Augusto Pinochet’s case provided a good precedent for that contention. On 16 October 2008, the former Chilean dictator was arrested in London following his indictment for human rights violations by a Spanish magistrate for crimes allegedly committed by him while in office. He was held for over a year by the UK authorities before he was released, most likely on compassionate grounds because of his old age. He had ruled Chile for 17 years and had been accused of committing numerous human rights violations.

“I turned down all those who approached me to trigger the universal criminal jurisdiction principle to get Gen. Buhari arrested and put on trial abroad. The political future of Nigeria, I maintained, needed to be developed by allowing healthy contestation for office. I refused to have a hand in the attempt to give Buhari the Pinochet treatment. I briefed the President about it because some mischief-makers were already calling me a Buhari sympathiser for not toeing their line. I was branded a closet APC member too. The blackmail was sickening.

“President Jonathan, however, agreed with my position that we should not play the Pinochet card. He thought the government would be seen as encouraging ‘bad politics’ if we succumbed to that call. He was under intense pressure from some associates to use any means necessary to stop Buhari but he opted to participate in competitive politics in a fair and credible manner, not taking undue advantage of any quick-fix scenario that was presented to him. I strongly believed, on my part, that the electorate should be left the freedom to exercise their political judgment. It was not for us to use our institutions and the instruments of law to hound anybody.”

Another evidence of his qualification.where is tuniski

senatordave1:
Undoubtedly, Section 131(d) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) prescribes a School Leaving Certificate or its equivalent as the minimum educational qualification for candidates contesting election to the office of the President of the Federal Republic of Nigeria. It stipulates that candidates must be “educated up to at least school leaving Certificate Level or its equivalent”. Said section provides inter alia:
“131.A person shall be qualified for election to the office of the President if-(d) he has been educated up to at least school certificate level or its equivalent”.
The above provision of the Constitution currently forms the topic of vigorous discussions and debates in the media and several other fora. Some legal practitioners have already commenced legal proceedings seeking judicial interpretation of the subject, particularly in view of the fact that the nation’s general elections, billed to hold across the nation in March, 2015 are at hand.
The popular view is that a candidate contesting for the office of the President will not be eligible to so contest unless he/she produces a Secondary School Leaving Certificate. Section 131(d) has been cited in support of this popular view.
This article seeks to shed light and provide adequate explanation and interpretation of Section 131(d) from a legal point of view through the use of neutral, holistic and well established Canons of legal and statutory interpretation.
If Section 131(d) is construed in its ordinary, literal or grammatical sense, then it will mean that a presidential candidate who does not possess the Secondary School Leaving Certificate or its equivalent is not qualified to contest elections for the office of the president. A careful and a combined reading of Sections 131(d) and 318(1) of the constitution will reveal the true intention of the draftsmen. It is pertinent for whoever seeks to arrive at the true legal meanings of the contents of the Constitution to always read section 318 (definition section to the Constitution) along with other sections of the Constitution in arriving at the actual and intended meanings ascribed thereto. Section 318(1) defines and provides thus:
“(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 (“INEC”) 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 a period totaling up to a minimum of one year, and (iii) the ability to read, write 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;”
It is evident from the above definition section of the Constitution that the meaning of “ school leaving certificate or its equivalent”, for the purpose of section 131(d), is a lot more flexible and accommodating than the popular view. The section gives room for candidates with the Primary School Leaving Certificate coupled with experience in the private or public sector and who have attended courses during the period of the service totaling up to at least a year to contest. In addition, such Primary School Certificate holder must also demonstrate the ability to read, write and communicate in the English Language to the satisfaction of no one else but the INEC.
Note also that the conjunction “and” and “or”, as they appear at the end of each subsection, are to be interpreted conjunctively and disjunctively respectively. In other words, a candidate may choose to rely on any one of (a), (b), (c) or (d) of Section 318(1) in isolation. A candidate need not meet all the requirements to be eligible to contest. It suffices to say that only a candidate relying on (c) must also satisfy the conditions in (i), (ii) and (iii). The above interpretation was given judicial recognition in the case of BAYO v. NJIDDA (2004) 8 NWLR (Part 876) page 544, at 629.
While (a) above requires a candidate relying on same to produce a Certificate evidencing that he has passed the Secondary School Examination, a candidate relying on (b) need not produce certificates to show that he sat for or passed the Secondary School Examination. The candidate relying on (b) only needs to show evidence of having been educated up to the Secondary School Level. “Evidence” here is being used in a generic way and does not in any way require such candidate to compulsorily or mandatorily produce a Secondary School Leaving Certificate. Evidence can be in the form of testimonials, affidavits or even photographs. Furthermore, a candidate relying on (c) must produce his/her Primary School Leaving Certificate and further demonstrate to the INEC that he can read, write and communicate in the English Language, show evidence of service in private or public sector and produce attendance of courses and training in the course of service. Subsection (d) indeed extends the definition and states further that “any other qualification acceptable to the Independent National Electoral Commission” will be sufficient. A lot of discretion is placed on INEC by said Section, and same must be exercised judicially and judiciously.
There is always the need to acknowledge the trite rule of interpretation of statutes, which is to the effect that a section of a statute should not be construed in isolation. All sections in a statute must be interpreted conjunctively, especially where the statute has a definition Section, as it is the case with the 1999 Constitution (as amended). Section 131(d) should therefore be construed in conjunction with Section 318(1) of the Constitution which defines the phrase “School Certificate and its equivalent”.
Author(s):
Vincent Oniga

Mynd44
Duwdu
Sarrki
Kingkakaone
Oghenaogie
Caseless
Sirjamo
Cajal

...don't kill ur self because one one Fulani dark criminal from Cameroon oh sorry Adamawa and another fair incompetent Fulani from Niger sorry Daura
Fulani slave boys

PMB IS MORE THAN QUALIFIED FROM UR EXPLANATION SIR

JUST LIKE SUPREME COURT RULED FOR
DANCING SENATOR