The issue of competence is a hotly contested
issue. In every spectrum of human endeavour,
there are offices or posts designated for persons
who possess a certain level of competence, the
lack of which dispossesses or threatens the
assumption of such posts. In the days of yore,
competence to rule varied from consanguineous
blood lines of rulers to the possession of combat
skill, oratory finesse, and so on. However, the
modern day system of ruler ship has since tolled
a different line. Democracy has replaced the
tedious systems with a system that gradually
revolves round fairness, with freedom as its
fulcrum. In Nigeria, the competence of leaders in
political offices has been a nagging headache,
arousing litigious practitioners to seek
declarations in court of law, hence the focus of
this disquisition.
President Buhari of Nigeria has a suit against him
filed by an Abuja-based legal practitioner, Mr.
Nnamdi Nwokocha-Ahaaiwe, challenging the
competence of the president to rule in that
capacity. Nwokocha-Ahaaiwe had alleged that
Buhari was unqualified to aspire to the Office of
the President of the Federal Republic of Nigeria
because he did not sit for the Cambridge West
African School Certificate WASC) in 1961 as he
claimed and as such breached the provisions of
the constitution relating to the qualifications
required to run for the position of President.
President Buhari has also been alleged by same
plaintiff Lawyer of perjury on the grounds that
he told a lie when asked whether he had the
WASC certificate. Quite astutely, Mr. Nnamdi
relies on Section 131 of the Constitution of
Nigeria, 1999 and the provisions of the Electoral
Act, 2010. The questions many have asked in this
regard is whether it is constitutional for him to
run the office of president without a Secondary
School Certificate. Now, this claim against Buhari
will be addressed accordingly.
First of all, it must be understood that the Law
works like mathematics. Laws, especially Statute
laws are applied like formulae with mathematical
exactitude. When certain steps are not followed,
the result is egregious. In this regard, the
constitution has set out the qualifications for
Presidency under Section 131 CFRN 1999. That
section provides that to qualify for presidency
the aspirant “must (a) be a citizen of Nigeria by
birth (b) have attained the age of 40 years (c)
belong to a political party and must be
sponsored by that party (d) be educated up to
at least School certificate level or its
equivalents”.
President Buhari’s worry falls under Section 131
(1) (d) CFRN,1999 which talks about School
Leaving certificate. The lay interpretation of that
sub section means that a president must have
school leaving certificate which translates to
contemporarily mean either WAEC, WASC,
NECO, NABTEB, GCE certificates to evince that
he was educated up to secondary school level.
This law is beautiful, at least it grants the
average Nigerian the opportunity to become a
President without having to be denied on the
grounds of not attaining a degree from a
University. It is arguable that this provision is an
undoing but that’s a topic for another day.
A closer look at Section 131(d) seems to have a
far-reaching interpretation. The sub section says
that the president may not have a School leaving
Certificate (in this case which is the WASC
Certificate that Buhari is said not to possess) but
if he has “its equivalents” he can become a
president. Now, what then are the equivalents of
such a certificate which many have considered to
be the lowest ebb the constitution can grant to
all and sundry, an attempt otherwise would mean
to ridicule and frustrate the idea of tertiary
education?
The Equivalents of a School leaving Certificate
are provided for in the same Constitution of
Nigeria under the interpretation section being
Section 316. The constitution carefully
interpretes that “Its Equivalents” as used
under section 316 (d) CFRN 1999, are “(a) a
Secondary School Certificate or its equivalent of
Grade II Teacher’s Certificate, the City and Guilds
Certificate; or (b) education up to secondary
School Certificate level; or (c) Primary Six School
Certificate or its equivalent and (i) service in the
public or private sector in the federation in any
capacity acceptable to the INEC for a minimum
of ten years, and (ii) attendance at courses and
trainings in such institutions as may be
acceptable to the INEC for a period 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
INEC” This shows that service as a military officer
for the country for no less than 10 years or even
the ability to read, write and understand English
Language suffices as an equivalent to the School
Leaving certificate required under Section 131
(d) CFRN, 1999.
As mentioned earlier, law works with
mathematical exactitude. The logic of applying
the almighty formula to solve mathematical
problems of a quadratic fashion, is applied
likewise in law. The broad interpretation given
by Section 318 of the Constitution to the term
“its equivalents ” mentioned in section
131(d) must be weaved into a unified whole. The
outcome of such a beautiful tethering of both
sections becomes the answer to Buhari’s spot of
bother. Common sense already shows that
President Buhari doesn’t necessarily have to
possess the WASC CERTIFICATE which he is
alleged of not having in his peaceable possession,
all he needs to have is whatever suffices as an
equivalent of the WASC Certificate as provided
under the constitution. Under Section 318, It is
said that the ability to read and write English
Language in a manner deemed sufficient by INEC
is an equivalent. No doubt the President can
speak English Language in the sufficiency and
appreciation of ordinary men of prudence in the
society. That is all that matters. In Haske v.
Magaji (2009) ALL FWLR (pt. 461) 887, the 1st
respondent was declared as the winner of the
sokoto state house of assembly elections.
Aggrieved by the result, the appellant filed an
action challenging the declaration of the 1st
respondent as winner on the grounds that he
was not educated to at least Secondary School
Certificate level or its equivalent. The court of
appeal in this case held that “the meaning of
definition of School Leaving certificate or its
equivalent and contained under Section 318
CFRN, 1999, can accommodate candidates who
woefully failed in their bid to obtain a West
African School Certificate. In essence, a
candidate need not to have obtained the
Secondary school certificate rather it is sufficient
that such a person has attended a school and
read or studied up to that level without
obtaining a certificate or can speak and
understand English Language satisfactorily”
Governor Oshiomhole was encumbered by the
same problem as against his rival, Airhiavbere
years back. It was in doubt whether he was
qualified to be the Governor of Edo State given
that his ambition was not traceable to any valid
School Certificate. However, this same
interpretation was given in his favour. As a man
who can speak English Language with verve, it
suffices as a valid equivalent to the presentation
of any School leaving Certificate.
Another issue is the inconsistency of the
provisions of the Electoral Act 2010 and the
Constitution. The Electoral Act has provided
similar qualifications such as those provided for
in section 131 of the CFRN 1999 .
However, Section 156, interpretation section of
the Electoral Act, did not interpret what the
phrase “its equivalent” means. It suffices in this
regard that the constitution enjoys supremacy
over the provisions of the Electoral Act. The
Electoral Act is a legislation of the National
Assembly and made pursuant to the constitution
of Nigeria. When an act is inconsistent with the
express provisions of the constitution, the
section that is inconsistent with the constitution
is void and inapplicable. Section 1(3) of the
constitution provides that “if any law is
inconsistent with the constitution, the
constitution shall prevail and that other Law
shall, to the extent of its inconsistency, be void” .
Thankfully, the scope of the Doctrine of
Covering the field as it reflected in Attorney
General of Abia State v. Attorney General of
Federation(2001) 11 NWLR (pt. 725) 689 at 728;
has been, in extenso, interpreted to mean that
when the constitution has abundantly provided
for a particular matter, any other Law which
varies from that which the constitution has
provided is void. It means therefore that the
Electoral Act cannot be invoked against
President Buhari when the constitution has
interpreted the combined sections of 131(d)
and 318 of the constitution to mean that the
president is validly qualified and competent to
hold office.
Lastly, it must be stated that the suit filed
against Buhari contained allegations of Perjury as
presented in the amended statement of claim
before the house. This is disquieting because
Perjury is a crime envisaged under Section 117
of the criminal Code of Nigeria, and as a crime,
only actionable by the state, represented by the
Attorney General. If indeed the president
perjured, the proper person that has the locus
Standi to sue is the Federal Government and
such a suit can only arise after the president
leaves office and not during the currency of his
office because he enjoys immunity against Civil
and Criminal proceedings pursuant to Section
308 of the constitution of Nigeria, 1999 (as
amended).
It is good law that a person must not amass a
glut of certificates before he is qualified to rule.
Competence to rule no doubt has to be
praiseworthy but must not be hinged on
educational qualifications. For the rich, education
may be a doddle, but for the poor sometimes,
even secondary school education is like carrying
owls to Athens; a rather difficult exercise.
Against this backdrop, the law is commendable
and it is in favour of his excellency, the president
to rule without encumbrance of any sort relating
back to the educational qualifications he
possessed of possesses. Section 131(d) of the
constitution may be pedestrian and known to
lawyers, and students of Law alike. However, it is
not a cut-throat provision because a better
interpretation is produced by Section 318 of the
constitution. We must all advert our minds to
the entire provisions of the constitution with
regard to a particular issue. President Buhari
validly remains as president whether or not he
has a WASC Certificate. Do not peddle
ignorance. Those burdened by sentiments may
wail but the law is the law.
Written by DESTINY OSAYI OGEDEGBE
(Mr Possible).
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