Why Buhari Does Not Need To Present A School Certificate By Boluwatife J. Sanya Esq

Within the last few days, faces of Nigerian newspapers have been
on the demand of President Buhari’s certificate.

Many have contended as they did in 2015 that his failure to
present this certificate disqualifies him from re-contesting in
2019.

Our only guide is the constitution and judicial authorities.

Quickly, Section 131 of the 1999 Constitution of the Federal
Republic of Nigeria states;

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

(a)…

(b)…

(c)

(d) he has been educated up to at least School Certificate level
or its equivalent”

Note the wordings of subsection D, it is not saying he must be
able to furnish any authority with the school certificate, it is
only saying, he must have been educated to school certificate
level.

The interpretation section, section 318 (1) states;

“School certificate or its equivalent means;

(a)… or

(b) education up to secondary school certificate or

(c) … or “

You have also observed that the interpretation section only says
education up to secondary school certificate level. The section is
not saying a certificate need be issued.

My lord, Suleiman Galadima, JSC in Terver Kakih v. Peoples
Democratic Party & Ors (2014) LPELR-23277 (SC) said;

“…submission or presentation of certificate is not the
requirement of S.177(d) of the Constitution as regards the
Gubernatorial screening process. The process of screening which the
appellant and 4^th respondent undertook, with the first
respondent requires the candidate to fill in his qualification in
the form and to swear to a verifying affidavit that the information
contained in Form CF001 was true. This takes away the necessity of
presentation of the actual certificate to the 1^st and
2^nd respondents.

In Bayo v. Njidda (2004) 8 NWLR 544 at 630; (2004) FWLR (pt.192)
10 at 78, the Court of Appeal than the Apex and final Court on
Election petition from National Assembly/Governorship and
Legislative Houses Election Tribunal had this to say on the
point:

“In other words as regards a secondary school certificate
examination, it is enough, in my view that one attended school
certificate level i.e without passing and obtaining the
certificate”

Finally, by the combination of SS.117(d) and 318 (1) of the
Constitution, it is not only by presentation of certificate to INEC
that is the only proof for a candidate to be qualified, it is
sufficient that the person/candidate is educated up to secondary
school certificate level.

You are free to disagree only with the relevant provision of the
law.

Boluwatife J. Sanya Esq., Boluwatifesanya1@gmail.com, ^[1]08147439799