₦airaland Forum

Qualification for election: What does the constitution really say?

Over the last few weeks, the news media, including social media platforms, have been inundated with the controversy over whether or not former military Head of States and presidential candidate of All Progressive Congress, General Muhammadu Buhari possesses the minimum educational qualification to run for the office of the President of the Federal Republic of Nigeria in the coming February 14 general elections. LAW EDITOR, Adam Adedimeji explains certain provisions of the constitution many commentators have tried to close their eyes to

“A person shall be qualified for election to the Office of President if: (a) He is a citizen of Nigeria by birth; (b) He has attained the age of forty years; (c) He is a member of a political party and is sponsored by that political party; and (d) He has been educated up to at least SCHOOL CERTIFICATE LEVEL OR ITS EQUIVALENT (emphasis mine).” – Section 131 of the 1999 constitution

The above provision under Section 131, paragraph (a) – (d) of the 1999 constitution of Nigeria is what summarises conditions to be fulfilled by an aspirant to the position of the President of the Federal Republic of Nigeria.

The provision however has in the last few weeks become the most popularly cited section of the Nigerian constitution as well as a source of controversy. Different interpretations are therefore been given to the particular section either by way of misunderstanding, misrepresentation, misinterpretation or all of the above among political parties as well as its members in order to outdo one another in the fight for votes during the February 14 general elections.

This writer however curiously noticed that most commentators on the ‘controversial section’ failed to observe that “School Certificate level” as stated by the constitution is unclassified. Most of them only assumed it to be Secondary Leaving Certificate without bothering to find out what the constitution framers meant since it could also have meant Primary School Leaving Certificate.

Although it is said that all is fair in a contest, the fact that a constitutional provision is in place and its interpretation is to certain extent unambiguous, makes this particular altercations, irrespective of political nature in it an unfair game.

To fully understand the constitution, one needs to take a cursory look at the provisions of the constitution under Part IV, Article 318 (1) that deals with Interpretation, Citation and Commencement.

This particular part, that is, Part IV of the Constitution, interprets the meanings given by the framers of the constitution in order not to give way for unintended meanings to constitutional provisions as we are now witnessing in this circumstance.

In Chapter VIII, Part VI of the 1999 Constitution, Section 318 (1) gave a lucid interpretation to what the constitution meant by “School Certificate or its equivalent” thus:

“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

(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 ten years, and

(ii) attendance at courses 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, understand 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.”

In essence, constitutionally, a presidential contestant is eligible even if the only educational qualification he/she possesses is a mere “Primary Six School Leaving Certificate” or “the ability to read, write, understand and communicate in the English Language” or “service in the public or private sector in the Federation in any capacity acceptable to INEC for a minimum of ten years” or “attendance at courses and training in such institutions as may be acceptable to the INEC for periods totaling up to a minimum of one year.”

This is the present position of the law. Nigerians are however free to propose its amendment if there is a general believe that we need to increase qualification standard for would be presidential aspirants in Nigeria.

WinsomeX:
www.vanguardngr.com/2015/03/buhari-disqualification-suits-postponed-to-april-22/

Tomorrow, the courts shall begin hearing on the Buhari certificate eligibility suit. Now that he is president elect and the army might have finally found his certificate, what are the possible outcomes of tomorrow judgement?

I hope I can get the best analysis from both APC supporters and antagonists on this thread.

And you had to link a March 25, 2015 vanguard publication to support your thread.

Is this not part of the public mass deception for Buhari's ambition?

SLIDEwaxie:
this is English language:

The suitbwas to disqualify him to run, but he has ran and won, the suit against him is baseless and useless.

Besides, the law didn't say a runner must have ssce, it sply said ssce is the minimum requirement. What if he had a maximum one?

Which maximum without minimum...how possible?

chuna1985:
buhari does not have ssce or waec or neco, lol.

Even waec said he has never registered.

He stopped in ss1 and joined the army.

when will you learn How dare you make such allegations against a general be careful

Code213:
idiota!!! i would have expected that you pick up the constitution first before replying me. but since you didn't, i guess it is my duty to educate you #humanitarian service

Section 136. (1) If a person duly elected as President dies before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the President with the approval by a simple majority of the National Assembly at a joint sitting.
(2) Where the persons duly elected as President and Vice President die or are unable for any reason whatsoever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice-President.

like i said u have to prove that u.arent ignorant which u have failed to.....
u quoted section 136 (1) of the constitution and u seem not to know how to read or interpret it let me enlighten you.....
the first line of that section , infact the fourth and fifth word 'duly elected' clearly implies that a person not duly elected would not b president...i believe you knw the meaning of 'duly'....
most of you kind.have a sick behaviour copied from christainity that make u quote only verses that suits u....did u read further, it is obvious no... if you had u would had seen in section 137 (1j) which states that;
a person shall not be qualified for election to the office of.president if: 1(j)he has presented a forged certificate to the independent electoral commission.....
if it is found tomorrow that buhari certificate is forged then he isnt duly elected into the office of president....
as regard to the vp... section 142 (1) spells it out clearly...it states
In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid... .
it simply state a vp elect can not occupy his office if his principal isnt duly elected.....how then is he gonna be ur president.....idiota
have you seen a governor removed on the grounds of electoral malpratice and his deputy assumes the office .......ignoramus......

hahah ...u dey tink sha

sCun:
My friend shut up! If it was as easy as you put it, I wonder why the case hasn't been quashed long ago by Buhari's legal team, instead they keep shifting the goal post.
They have 2 sets of qualified legal practitioners defending Buhari and APC respectively, yet they haven't come up with anything to get the case dismissed.
You sit somewhere in rusty Abeokuta and tell us the case is baseless.

you don't have to insult him to get your message across

Mynd44:
If the judge declares that he should not have contested, they can appeal and this will drag all the way to the supreme court while he remains the president

Nigerian lawyers are bias, if ex-president Mosi can be found guilty and sent I thk the law shuld prevail.

okotv:
when will you learn How dare you make such allegations against a general be careful

How DARE you warn a citizen with freedom of speech?
Your certificateless general has not seen 1/100 of the abuse or allegation GEJ faced, and you are already turning to his bodyguard and minister of justice!

MUMU

WinsomeX:
THANK YOU MODERATORS FOR PUTTING THIS FRONT PAGE

I AM PARTICULARLY INTERESTED IN PERSPECTIVE OF LAWYERS IN THE HOUSE

Do you think so Mynd44?

The worst case scenario is to declare Buhari ineligible fa and possible to cancel the elections.

Lawyers in the house, help me.

You want make Nigeria burn?

[b]The outcome shall be:

Judge: General Buhari Sir, where is your O' Level Certificate?


Buhari: Your Lordship, I studied up to Secondary School level but did not take the final examination; if you like I can show you my classmates as witnesses.

Judge: But only way to convince a prospective employer that you passed through secondary school is by showing your O'Level school certificate.

Buhari: But the constitution stipulates that one can qualify to contest presidential election after passing through secondary school.

Judge: I cannot know whether or not you passed through secondary school unless I see your O'Level Certificate, same as INEC.

Buhari: Your Lordship, remember that I attended US and UK military training colleges where I acquired Masters degrees, so what is O'level?

Judge: INEC in its notice board has WASC as your academic qualification to contest the election. As a judge, I have Masters and Doctorate degrees in Law, but any day my first university discovers that I had no O'Level before I qualified, all my degrees shall be cancelled.

Buhari: Let me consult my lawyers.

Judge: This court is hereby adjourned till..

Court!!!!
[/b]

“We don't know those who will succeed us ,but we definitely those who won't succeed us.”. IBB

abbacar:
like i said u have to prove that u.arent ignorant which u have failed to.....
u quoted section 136 (1) of the constitution and u seem not to know how to read or interpret it let me enlighten you.....
the first line of that section , infact the fourth and fifth word 'duly elected' clearly implies that a person not duly elected would not b president...i believe you knw the meaning of 'duly'....
most of you kind.have a sick behaviour copied from christainity that make u quote only verses that suits u....did u read further, it is obvious no... if you had u would had seen in section 137 (1j) which states that;
a person shall not be qualified for election to the office of.president if: 1(j)he has presented a forged certificate to the independent electoral commission.....
if it is found tomorrow that buhari certificate is forged then he isnt duly elected into the office of president....
as regard to the vp... section 142 (1) spells it out clearly...it states
In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid... .
it simply state a vp elect can not occupy his office if his principal isnt duly elected.....how then is he gonna be ur president.....idiota
have you seen a governor removed on the grounds of electoral malpratice and his deputy assumes the office .......ignoramus......

kai!!!!! oboy you mumu o!!!!!! What does it mean to be duly elected? Does Buhari and Osinbajo have a Certificate of Return from INEC or not?
what does the Certificate read? Mumu, in case you do not know, it say "duly elected".
kai!!!! you are a disgrace to your alma mater


# and about your childish rant about a Governor being removed, you are referring to an annulment.
Yamhead, annulment means total cancellation of election, and fresh elections are then conducted. Ask yourself, when a Governor is impeached, does his deputy go with him?

#small pikin, Buhari did not present a forged certificate to inec. he presented a sworn affidavit. Do you know what an affidavit is?
i done tire for your matter abeg.


-GMB has said it all "let them go to court an remain there"!!! .....mumu people

Perjury which is alleged in the suit must be proved beyond reasonable doubt. That burden cannot be discharged by the plaintiff.
Buhari is qualified educationwise, no doubt that.
The suit is a distraction and intended to rattle. The subject is concluded, the Judge will not be afried of GEJ as the people have spoken.
So relax and enjoy yourself no judgement is coming up tomorrow. OZEKHOME SAN may even send a Junior to Court.

NaijaFutbol:
How DARE you warn a citizen with freedom of speech?
Your certificateless general has not seen 1/100 of the abuse or allegation GEJ faced, and you are already turning to his bodyguard and minister of justice!

MUMU

Thank you. But please, next time try to pass your point across without using vulgar language.

Freedom of speech is allowed but the moment you start making false accusations against someone, you have overused it and it encourages a penalty or fine as the case maybe. Haven't you heard of Character assassination before That's what y'all are doing and its a crime.

The case has been taken to a law court, watch out and see how it plays out. I only support buhari cause of semblance on career, nothing more. I support the National Conscience Party...NCP so be informed.

IF TOMORROW GOES WRONG.............. . I dnt want to imagine.. let dem just allow GMB cert or no cert.. COS IF. THE JUDGE TOMORROW RULES AGAINST BUHARI......... GOD FORBID WAT WILL HAPPEN NEXT

Inconsequential, because if Buhari has lost the election, am sure his prosecutors will have withdraw the case. Now that the army has found his certificate, I don't think the court can cancel his election exept PDP want to create crisis.

okotv:
when will you learn How dare you make such allegations against a general be careful

Loooooooooooooooooool, shut up ur mouth.

The case will be dismissed.

Even as a much as I hate Buhari to be president of Federal Republic of Nigeria. The court should trash that case with immediate effect.

What else do you expect Nigerian judiciary that is so corrupt to do? Since the case was not settled before election and buhari has been rigged in our judiciary even id buhari is guilty would only reserve judgement or throw away the case. Our judiciary only rely on d highest bidder nothing else.

jayhans:
IF TOMORROW GOES WRONG.............. . I dnt want to imagine.. let dem just allow GMB cert or no cert.. COS IF. THE JUDGE TOMORROW RULES AGAINST BUHARI......... GOD FORBID WAT WILL HAPPEN NEXT

The useless court and judge dare not make such mistake, they already bend the law to accommodate Buhari and so we must live with it for the next 4 years, I can protest protest for Buhari should the silly court rule against him

option 1 .case adjourned Sine dine to give plaintiff more time to prove their case ( just to embarras the plaintiff )
option 2. case dismissed as baseless.
option 3 , Mike Ozkehome lashed in an open court with fulani bulala

chuna1985:
Loooooooooooooooooool, shut up ur mouth.

hmmm..that was a rash response. Learn to be civil in all your dealings please

jayhans:
IF TOMORROW GOES WRONG.............. . I dnt want to imagine.. let dem just allow GMB cert or no cert.. COS IF. THE JUDGE TOMORROW RULES AGAINST BUHARI......... GOD FORBID WAT WILL HAPPEN NEXT

What do you think will happen if court disqualifies Buhari? Nothing. Perhaps some north may riot as usual, but the riot must be stopped by security agencies.

It is even worse for Nigeria and prosperity if Buhari is not academically qualified, yet the court ignores it and allows him because of any sentiment.

The Case Is A Very Faulty One. Legally Speaking, The Accussers Were Supposed To Lodge A Formal Complain With The Police, The Police Carries Out Intenssive Investigation, Establish A Case With Evidences And Approach The Court. All These They Didnt Do. So, Due Process Was Not Followed & That Makes The Case Dead On Arrival.

There is only one possible outcome! The case will be thrown out for lack of merit!!!

[quote author=imbless post=32955403]The case will be adjourned till further notice [/quote

That's exactly what will happen if he does not have certificate.

hansad:
What do you think will happen if court disqualifies Buhari? Nothing. Perhaps some north may riot as usual, but the riot must be stopped by security agencies.

It is even worse for Nigeria and prosperity if Buhari is not academically qualified, yet the court ignores it and allows him because of any sentiment.

NLs pls note, this is one of the enemies of this country!!!

Colann:
The Case Is A Very Faulty One. Legally Speaking, The Accussers Were Supposed To Lodge A Formal Complain With The Police, The Police Carries Out Intenssive Investigation, Establish A Case With Evidences And Approach The Court. All These They Didnt Do. So, Due Process Was Not Followed & That Makes The Case Dead On Arrival.

Buhari's case of certificate is not a criminal case, this requires no police prior investigation before getting to the courts.

Riot in the north is nt funny. Ama living witness

jayhans:
IF TOMORROW GOES WRONG.............. . I dnt want to imagine.. let dem just allow GMB cert or no cert.. COS IF. THE JUDGE TOMORROW RULES AGAINST BUHARI......... GOD FORBID WAT WILL HAPPEN NEXT

nothing will happen. Nigeria is bigger than any single individual.