No one needs a certificate to be elected president – Kayode Ajulo

An Abuja based legal luminary and former National Secretary of
the Labour Party, Dr. Kayode Ajulo, says President Muhammadu Buhari
is qualified by law to contest the 2019 presidential election.

The lawyer, who doubles as the founder of Egalitarian Mission
for Africa, an NGO, said that for qualifications for elective
position, the Nigerian Constitution recognises First School Leaving
Certificate and Public/Corporate Service Experience as school
certificate equivalents.

Ajulo told NAN in Lagos on Sunday that the controversy and
arguments over the president’s certificate were far fetched as he
meets all legal requirements to contest.

“Patently for lack of knowledge of the Constitution, most people
do not know what the Constitution provides as equivalents of school
certificates because they are hidden in the interpretation of the
material Section as Part IV, Section 318.

“It states that one does not even require any certificate to be
President of Nigeria,” Ajulo said.

He said that the issues of the 2019 elections could not be
subjected to pontification for substance or logic.

“The academic qualifications or suitability of Nigeria’s
incumbent President Muhammadu Buhari has been one of the scathing
issues that have engulfed the space, particularly the media,
wherein the issue has received exponential attention and
review.

“In 2015, the same certificate question was raised and was
highly controverted. It became a near albatross to the presidential
ambition of President Buhari.

“Even now that the President seeks re-election, the ghost of the
certificate question that resurrected to haunt itself has continued
to generate endless controversies.

“Section 131 (d) of the 1999 Constitution (as amended) has been
cited in support of the contention by proponents of that view to
support their position.

“The said Section (Section 131) provides: ‘A person shall be
qualified for election to the Office of President if- (d) he has
been educated up to at least school certificate level or its
equivalent.

“Section 177 (d) prescribes that candidates contesting election
into the office of State Governor must have been educated up to at
least School Certificate Level or its equivalent. By virtue of
sections 142 (2) and 187 (2), the provisions on educational
qualification of President and State Governors also apply to the
Offices of Vice President and Deputy Governors, respectively.

“Sections 65 (2) (a) and 106 (c) of the Constitution prescribe
that candidates contesting elections as National Assembly and State
House of Assembly members, respectively, must also have been
educated to at least School Certificate Level.”

According to Ajulo, in Section 318, “School Certificate or its
equivalent” means:(a) a Secondary School Certificate, 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 10 years.

“Also (ii) attendance at courses and training in such
institutions as may be acceptable to the INEC 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 electoral commission, and

“(d) any other qualification acceptable by INEC. This means INEC
has also been empowered by the Constitution to accept any piece of
employment paper as School Certificate equivalent to be President
of Nigeria.

“The provision of Section 318 (1) was construed by the Court of
Appeal in the case of BAYO v. NJIDDA (2004) 8 NWLR (Pt. 876) page
544 at 629H-630D, where Ogbuagu, J.C.A (as he then was) held: the
above provisions, are conjunctive and they qualify or mean “school
certificate or its equivalent.

“Therefore, if any one of them is not present/available, then,
the candidate is out. Even if (i), (ii), (iii) and (d) are
accepable by or satisfactory to INEC and therefore, cannot be
questioned in a tribunal as being final, the absence of (c), also
disqualifies the candidate,” he said.

He noted that while the President may or may not win re-election
bid on other grounds, the question of certification and the
position of the law on it is that he is qualified.

“It is the duty that lawyers must take on to educate the society
of the truth,” he added.

He said that the constitution empowers INEC to accept any proof
of 10 years previous employment as equivalent of School Certificate
from any presidential candidate to contest.

(NAN)