My Legal Position:
Mr Buhari is seeking reelection under the flag of the All Progressives Congress (APC), but like in 2015 has failed to submit his credentials to INEC, claiming the documents are in the custody of the Nigerian Army,he also deposed to an Affidavit in that regard.
It was also reported that the Nigerian President joined the army in 1961 as a cadet officer and rose to the rank of major general but left service in 1985 as Nigerian Head of State after he was toppled in a palace coup.
Notable Legal Practitioners have hinged Buhari's eligibility on the fact that having served in the Nigerian Army as a cadet officer and rose to the rank of Major General ,he is qualified and as fulfilled the requirements in Sections 131(d) 1999,CFRN.Other Notable Practitoners like Taiwo Osipitan (SAN) have also hinged their position on the premise that the requirments of Section 318(1) of the 1999 CFRN ,didn't require the President to submit any school leaving certificate and an affidavit stating that Mr President as reached or fulfilled Section 131(d) would suffice and even so his eligibility is solely at the satisfaction or discretion of the Independent National Electoral Commission(INEC).This arguments to me with all due respect is gravely faulty.
Firstly.,the Requirements of Section 131(d) of the Constitution that persons seeking to vie for the position of the Presidency must have been educated up to at least School Certificate Level or is equivalent was further elucidated in the Interpretation Section of the Constitution viz-a-viz Section 318 of the Nigerian Constitution as outlined in the first part of this Article.
Part A: Provides that School Certificate or its equivalent means a Secondary School Certificate or it equivalent or Grade II Teacher's Certificate among others.
PART B: Provides that same means "education up to SecondarybSchool Certificate Level or;
PART C: (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 totalling 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;”
It should be noted that the words AND used in part C (1) ,(II) and (III) implies an addition ,in other words before before INEC can exercise its discretion or satisfaction with respect to a candidate who seeks to vie for the Presidency such candidate must have fulfilled the requirements in PART C(I)-(III) of the School Certificate or its equivalent Section in Section 318 of the Constitution.
The Presumption that Mr Muhammadu Buhari having served to the level of Major General in the Nigerian Army is also presumed to have have fulfilled the requirements in Section 318 holds no water ,as Section 131(d) CFRN implies he must show proof of same.
Mr President has instead sworn to an affidavit merely stating were such relevant credentials are and whose custody they have been. An Affidavit with all due respect and as explained by Ruud in ,The Nigerian Law of Evidence ,p 222 is defined to be a statement of fact which the maker or deponent swears to be true to the best of his knowledge , information or belief,same can not pass as being equivalent to the documents ,neither is it tantamout to the documents refered and enutiated in Section 318 of the Nigerian Constitution.
Most Respected Silk,Taiwo Osiptian (SAN) also hinged his position on Estopel and that INEC CANNOT reject Mr Buhari's candidacy with the All Progressive Congress having accept it on 4 occasions with the ANPP,CPC respectively.
However it should be recalled that sometime in January 2015 ,the Nigerian Army spoke on the issue of the controversial certificate.
The position of Service was made known by the then Director of Army Public Relations, Brigadier General Olajide Laleye, who was retired after the assumption of office by Buhari.
Laleye said the Army does not have the original or Certified True Copy of President Buhari’s West African Examination Council certificate.
He equally said there was no statement of result in his file.
Laleye’s statement to the press on January 20, 2015, reads in full: “I will begin with the Major General Muhammadu Buhari certificate controversy. Gentlemen, let me state clearly that the Nigerian Army holds the retired senior officer in very high esteem and respect and would not be a party to any controversy surrounding his eligibility for any political office. Suffice to state that Major General Buhari rose steadily to the enviable rank of Major General before becoming the Head of State of our dear country in December 1983.
“The media hype on retired Major General Muhammadu Buhari’s credentials as well as the numerous requests made by individuals and corporate bodies to the Nigerian Army on this issue have necessitated that we provide the facts as contained in the retired senior officer’s service record. Records available indicate that Major General M. Buhari applied to join the military as a Form Six student of the Provincial Secondary School, Katsina on October 18, 1961.
“His application was duly endorsed by the Principal of the school, who also wrote a report on him and recommended him to be suitable for military commission.
It is a practice in the Nigerian Army that before candidates are shortlisted for commissioning into the officers’ cadre of the Service, the Selection Board verifies the original copies of credentials that are presented. However, there is no available record to show that this process was followed in the 1960s.
“Nevertheless, the entry made on the NA Form 199A at the point of documentation after commission as an officer indicated that the former Head of State obtained the West African School Certificate in 1961 with credits in relevant subjects: English Language, Geography, History, Health Science, Hausa and a pass in English Literature. However, neither the original copy, Certified True Copy nor statement of result of Major General Muhammadu Buhari’s WASC result is in his personal file.
“I hope this explanation will put to rest the raging controversy surrounding the secondary school credentials of Major General Mohammed Buhari as it affects the Nigerian Army.”
The claim by Mr Buhari having been debunked by the Nigerian Army , creates a presumption that his often bandied claim of his credentials are seemingly false.Therefore his candidacy for the postion of the presidency having been accepted by INEC on 4 occasions on false grounds /claims can not be a bar if the Independent National Electotal Commission chooses to disqualify him having failed time and again to present relevant credentials.That is to say,the issue of Estopel can not be used to aid an individual who has benefitted wrongly on false grounds/claim,as it is a settled principal of law that a party can not benefit from his wrong.Mr Buhari has failed to fulfill entirely the Provision of 318(1) of the Nigerian Constitution and so his candidacy be rejected by INEC.
While Our Team of Lawyers prepare to challenge the eligibility of Buhari's candidacy in court ,we urge the All Progressive Congress and Mr Buhari's teaming supporters to make further attempts to urge the army authorities to provide the supposed credentials of Mr President.
Umoru Theophilus Iko-Ojo is a Lagos based Legal Practitioner.
Emmanuellawattorneys@gmail.com
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