wwwkaycom:
Smart but deceitful and belated move
He sacked them for being employed illegally, now he has legalised their illegal appointment, Lol, the fear of change is the beginning of wisdom, Change! Change!! Change!!!

agabaI23:
Mistake, Gaddafi meant well for his people but they removed him. Putin means well for Russia but they are against him. GEJ means very well for this country and your inner mind knows this

lilbazy:
Goodluck will win and nigeria will not divide! There is a big difference between who God has destined to rule and who is a retired general! David was destined to rule! Saul was a general!

agabaI23:
The west only back you when it favours them not because it is right. A weak president that looked America in the and told them truth is OK for me although I don't believe it is about the criticism alone. Its more about the Africom and the gay thing. It is also about the PIB and the western business interest. It is about the raw material initiative

GogetterMD:
Since oga Jonah has gone to Isreal to spend some time with Benjamin Netanyahu, I guess the latter would be coming for a fishing expedition and holidaying in otuoke come April

vedaxcool:
Jonathan abysmal regime remains a real threat to stability in West Africa, it would worry any individual that a regime that is poor on security and good on corruption and poverty be allowed to continue on the trajectory it wants to lead Nigeria to!

olatunji21:
Jonathan is against himself, too Clueless, too corrupt, grossly inefficient..We seriously need change in our country...

Change is Possible i believe

#March4Buhari

Opiosko:
Well i had this vision about a week ago and wanted to keep it to myslf but it's becoming a burden in my spirit. I saw Jona decleared winner by the Supreme Court ( There was a noticable UN influence) but there were some confusions when he was about to take the official oath of office. (I chose to keep the details). Trouble is looming but God is working on it. Pray for president Jonathan, Pray for Nigeria.

chibecanglobal:
Does it mean the airing of the documentary will continue to run until the eve of the presidential election?

wwwkaycom:
Do you blame the party chairman! We are talking about cultural incompatibility here, in the north, women stays behind and support their husbands, here we are talking about a President who is being commandeered by an unfortunate misguided illiterate wife, so you expect Adamu Muazu to be dancing to the tune of Patience Jonathan abi! To be sincere with you, there is no single politician of northern extraction that is supporting the presidential bid of GEJ, those hausas around him are just there for what they can get from him
Even in the southwest, the governors of Ondo and Ekiti States are supporting GEJ not because of their love for him or their believe in his ability and competence, but for self preservation since the duo are completely finished politically should GMB win the Presidential race and I can say with all assurance that the two southwest governors are already changing tactics, the governor of Ondo State is PDP in the open but there are insinuations in Akure that the governor is already putting in place machineries to placate GMB and APC since he knows that a GEJ's candidacy if like an impossibility
Let's be fair to Adamu Muazu, this is a man who was governor in 1999 when GEJ was deputy governor, to respect GEJ as president is easy for him since fate and destiny designed it that way but for him to crawl before his illiterate wife is a practical impossibility, ire o!

OREMUSSANCTUS:
mama johm or wetin ya be, lagos ibadan express, ore road whose government is fixing it? Babe go cook for ya husband, datz if ya married!

OREMUSSANCTUS:
name 10 great achievement he did here in d south west? I mean a capita project and before ya answer it, go find out wad a capital project is and don't expose ya brainless skull on NL

OREMUSSANCTUS:
name 10 great achievement he did here in d south west? I mean a capita project and before ya answer it, go find out wad a capital project is and don't expose ya brainless skull on NL

OREMUSSANCTUS:
Still tinking, who d hell is obasanjo? Can someone remind me abt d old fool

InglishTeechar:


Its easy for you to sit down in your living room and type rubbish...before you call Nigeria a hopeless nation, i assume you are a foreigner but if not then you are a bastard and hopeless as well...there cannot be Nigeria without Nigerians and if you call your country hopless then you are also hopeless, i am very sure people like you dont and cant contribute anything meaningful to this country instead you sit down like a fool and abuse your country forgeting you are part of it.

When will Nigerians pray for their country instead of abusing her...right from the beginning even during their trail period the americans always say 'God bless America'...look around you and see if that prophecy is not revealing itself, but here its all abusing and cursing and instead of the country to move forward she is moving backward because of the curses of some irresponsible people.

For me and my household Nigeria is moving forward and we are blessed, if you wish your country hopelessness then hopelessness will befall you and your entire family.

The power of life and death is in the tongue, use it wisely.

Chigold101:
Mamajohn must we run a man down because we dont like his face?

1- do you know what is called CIVIL SERVICE COMMISSION PROCEDURE? Nobody is trying to sack Jega but he must go to 3months terminal leave as required by civil service procedure.

2- is INEC really ready to conduct elections on February 14 & 28? The answer is NO. If INEC is ready what happened to over 25% of Nigerians voters who are yet to get their PVC? Was INEC going to conduct a fresh election in 3North Eastern states on a later date or are their votes not needed? Remember Jega told us in 2011 that he was ready but inbetween election he had to shift state elections.

3- If all is well in North East, why did EU observers say they wont be going their to observe votings. Dont you know that what happens over there could be the game changer.

4- why was Jega in a hurry to conduct this election in February? This will be our 5th elections since return of democracy in 1999, tell me how many of the elections took place in February.
Incase yo dont know Jega knew that he will be going on terminal leave on or before March 28 that was why he wanted to hurridly conduct this election before taken off.
Thank u...





Anyway I am getting ready to MarchonBuhari‘s head come March 28...

The controversy over the exact status of the presidential candidate of the All Progressives Congress, Maj. Gen. Muhammadu Buhari’s educational qualifications in relation to his eligibility to aspire for election into the office of the President of the Federal Republic of Nigeria had been generating intense debate in recent time, forcing a closer examination of relevant constitutional provisions with a view to offering insights into the legal position on the matter.

Let me start by saying that the issue as to whether Buhari or any other candidate is eligible in terms of educational qualifications to aspire to the office of the President of Nigeria is not a trivial matter or a non-issue, but one of fundamental and constitutional significance that clearly falls within the realm of issue-based campaign. I therefore disagree with any suggestion that those raising the issue are petty or engaging in any smear campaign against Buhari’s candidacy. It is therefore proposed in this intervention to examine relevant constitutional provisions on the matter, including judicial attitude through the cases in order to assist informed analysis on the subject matter.

Section 131(d) of the Constitution of the Federal Republic of Nigeria (as amended) dealing with qualification for election for the office of the President provides as follows:

“A person shall be qualified for election to the office of the President if -

…he has been educated up to at least school certificate level or its equivalent.”

On the surface, one may be inclined to think that the clear import of this constitutional provision is that the minimum qualification that an aspirant for such exalted high office must possess is education up to at least the secondary school level. What then is the meaning of the phrase ‘minimum’?

The Black’s Law Dictionary, 8th edition, page 1016 defines ‘minimum’ as follows:

“Of, relating to, or constituting the smallest acceptable or possible quantity in a given case…”

The question that arises is whether in the light of the above constitutional provision, such aspirant necessarily must acquire such secondary school certificate or whether merely passing through the four walls of a secondary school without graduation from the said secondary school will suffice to satisfy the provision. In the case of HASKE V MAGAGI (2008) 3 LRECN PG. 127 AT 130 RATIO 2, the Court of Appeal, Kaduna Division held on the meaning of ‘Education up to secondary school certificate level or its equivalent as follows:

“Section 318(1) of the 1999 Constitution defines, “school certificate or its equivalent” in sub-paragraph (b) thereof to inter alia, mean, “education up to secondary school certificate level.” It is the law that where a word or phrase has been legally defined in an enactment, not only will its ordinary or popular meaning give way, its meaning according to its definition in another legislation can also not be imported into the enactment in which it has also been defined. See Yaro v Kurdah & Anor (1989) 1 NEPLER 1. Thus, in a number of decided cases, this court held that the meaning or the definition of the level “school certificate” or its equivalent as contained under Section 318 of the 1999 Constitution, can accommodate a candidate who woefully failed in their bid to obtain a West African School Certificate. They are described as WASC “attempted” to “failures”. In essence, a candidate need not to have obtained the secondary school certificate level or passed the Secondary School Certificate Examination. It is sufficient that such a person has attended a secondary school and read or studied up to the secondary school level, without passing and obtaining the certificate. See Bayo v. Njidda (2004) 8 NWLR (Pt. 876) 544; (2003) 3 LRECN 114. Chukwu v. Icheonwo (1999) 4 NWLR (Pt. 800) 597; (1999) 4 LRECN 332. (Pp. 143-144, paras, G-C).”

Similarly, in the case of AIKULOLA VS. AKOGWU (2006) 41WRN pg. 29 – 111 particularly at 46 ratio 11, the Court of Appeal, Abuja Division, while construing the meaning of the words ‘school certificate’ under Section 318 of the 1999 Constitution, held as follows:

“Under section 318 of the 1999 Constitution, the word “school certificate” or its equivalent means:

(a) Secondary School Certificate or its equivalent or Grade II Teachers Certificate, the City and Guilds Certificate; or

(b) Education up to Secondary school level; or

(c) Primary Six Leaving Certificate or its equivalent plus

(i) Service in the public or private sector at the federal level in any capacity acceptable to the Independent National Electoral Commission for a minimum of 10 years and

(ii) Attendance at course and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totaling up to a minimum of one year; and

(iii) The ability to read, write and understand and communicate in the English language to the satisfaction of the commission.

In effect, a person seeking to become a candidate for an election to the House of Assembly of any State in the Federal Republic of Nigeria must possess at least one of the qualifications set out in (a) or (b) or (c) above. See Bayo v. Njidda (2004) 8 NWLR (Pt. 876) 544 at 618 – 620.

According to Per Odili, JCA (Pp. 81 – 82) lines 45 – 35, ‘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 (G) education up to Secondary School Certificate level; or (c) Primary Six School Leaving Certificate or its equivalent.”

Per Rhodes-Vivour, JCA (P. 104) lines. 30 – 45, in the case of DIGAI V. NANCHANG (2003) 2 LRECN pg. 513 – 546 at pg. 515 ratio 4 dealing with the requisite educational qualification for membership of a state House of Assembly, the Court of Appeal, Jos Division held as follows:

“From the provision of Section 106(c) of the Constitution of the Federal Republic of Nigeria, 1999, all that is required of a member of a House of Assembly by way of educational qualification, is that he has been educated up to the school certificate level or its equivalent.

“A close reading and analysis of Section 106(c) and Section 318 clearly shows that all that is required of a candidate for the membership of House of Assembly, is that he had attended a secondary school up to school certificate level or its equivalent. To my mind, a testimonial from secondary school showing clearly that the 1st respondent attended and completed a secondary school as prescribed in section 106 (c) of the Constitution is sufficient. What is required under the law is that there must be evidence that a candidate is educated up to the school certificate level, and not that he must produce a certificate to that effect. (Pp. 542-543, paras G-D)”.

On whether the candidate need possess such school certificate to be eligible to contest, the same court held in the same ruling as follows:

“I agree that since there is evidence that the 2nd respondent sat for the School Certificate Examination on May/June 1975, this is sufficient to satisfy the requirement of Section 10(c) of the Decree. While the acquisition of sound education may be desirable to enable one discharge the functions as Chairman of Local Government Council, it is not absolutely necessary that such a person must possess a certificate to enable him to function effectively.” (P. 545, paras. B-D)”.

The other issue that is relevant is the question of who has the burden of proof; whether it is the candidate who is aspiring for the public office that must show that he has passed through a secondary school or the person alleging otherwise that must show that the aspirant does not hold such qualification. The answer to this poser was given in the case of Haske v. Mogaji (supra) where the court held on the question of onus to prove as follows:

“It is both legal and logical that the mere fact that a party has pleaded in his petition that the other party is not qualified to contest an election, because he lacked the requisite educational qualification, is not sufficient for the Tribunal to latch unto it and decide on it, in the absence of cogent and credible evidence of such non-qualification or disqualification being placed before the Tribunal. In the absence of evidence, such a plea in the petition ends and/or terminates with the petition”.

It is clear from the foregoing that it is the person alleging non-qualification of the candidate that has the responsibility of showing by cogent or convincing evidence that such aspirant never attended any such Secondary School as alleged.

The foregoing analysis may have revealed the following:

(a) Buhari’s eligibility to contest for the office of the President of Nigeria can only be challenged if those making the allegation can show either that he has never attended any secondary school, that he never possessed any primary school leaving certificate, that he has never served in any public service for a period of 10 years in addition to his primary school certificate or that he has never sat for any school certificate examination.

It is immaterial whether he passed or failed such examination. To succeed, they must also show that he does not possess any higher qualification above the minimum requirement of secondary school certificate. In other words, they must show that all certificates acquired by the General in consequence of his military training at home and abroad, culminating in his rising to the position of a Major General in the Nigerian Army, were certificates below secondary school level or certificate. It is those making these allegations who must prove the allegations against the General. It is not the General who must show that he possesses such qualifications. The law is, ‘He who asserts must prove’.

(b) The Army authorities had publicly admitted that they have records of Buhari’s educational qualifications in their custody. The Army being a public institution can furnish the Certified True Copies of Buhari’s educational qualifications to appropriate authorities including INEC at the request of those making the allegations without bordering the General for such obligations.

It can be said that those who have raised the issue of the General’s qualifications and eligibility may have served patriotic intentions, but they need to do more by showing through concrete, cogent, compelling and believable evidence that the General neither attended any secondary school nor possesses any primary school leaving certificate including showing that his period of service in the army including service as Head of State of Nigeria in total do not rank up to 10 years for them to succeed in their patriotic crusade.

Finally, having raised the constitutional issue of qualification, no doubt an issue-based campaign, those interested in taking the issue further are advised to be guided by judicial pronouncements quoted copiously above if they want to be taken seriously. However, if they are basing their conclusion on speculations not backed up with empirical evidence, it is wise to advise them to consider the issue as closed while moving to other issues in the campaign that ought to be dictated by issues and not sentiments.

Shittu, a legal practitioner, wrote in from Lagos



http://www.punchng.com/feature/the-law-you/legal-position-on-buharis-educational-qualifications/