“Error On The Certificate Of Return”/Rejoinder. By Justice U. John, Esq.

I have just read an article titled: “Error
on the Certificate of return”,^[1]
(via TheNigerialawyer.com online news blog), authored by
Mohammed Habib wherein Mohammed had identified supposed
irregularities on the Certificates of Return issued to President
Muhammadu Buhari, GCFR and Vice President Yemi Osinbajo, GCON, SAN
by the professor Mahmood Yakubu-led Independent National Electoral
Commission (INEC), following the 23^rd February 2019
Presidential election.

Mohammed had identified the two irregularities thus:

1. “Certificate of Returns to the Office of the President and
   also Certificate of Returns to the Office of the Vice-President; in
   my modest view and if one may ask: President and Vice-President of
   what?”
2. “I hereby certify that Yemi Osinbajo of the All
   Progressives Congress (APC) has been elected to the Office of the
   President of the Federal Republic of Nigeria; instead of the Office
   of the Vice President of the Federal Republic of
   Nigeria”.

I have critically reviewed the said Certificates in line with
the views as expressed by Mohammed and I now submit as follows;

ON IRREGULARITY NUMBER 1:

1.1 Section 75 of the
Electoral Act (As Amended by the Electoral (Amendment) Act No. 15,
2015) 2010 provides thus:

1. 75 “Sealed Certificate of Return at an election in
   a prescribed form shall be issued within 7 days to every candidate
   who has won an election under this Act- PROVIDED that where the
   Court of Appeal or the Supreme Court being the final appellate
   court in any election petition as the case may be nullifies the
   Certificate of Return of any candidate, the Commission shall,
   within 48 hours after the receipt of the order of such Court, issue
   the successful candidate with a valid Certificate of
   Return”. The Electoral Act (ibid) in this
   regard, prescribes Form EC 8.

In addition, the authority of INEC to issue Certificate of
Return and/or the format thereto has been reiterated on countless
occasion including the case of HON. GABRIEL YUNISA OLOFU
& ORS. V. MR. MICHAEL ADEJOH ITODO & ORS. (2010) LPELR-2585
(SC).

1.2 The body of the said Certificate of Return
(for President Muhammadu Buhari) reads: “…has been
elected to the office of the President of the Federal Republic of
Nigeria at…”

The above, to my mind suffices, as there has been substantial
compliance with the Electoral Act; as well as clear meaning was
conveyed. Hence, this issue of “President of what” as contended by
Mohammed Habib in his article, was properly addressed and laid to
rest.

ON IRREGULARITY NUMBER 2:

2.1 S. 130 (1) of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended) provides thus:
“There shall be for the Federation a
President”

2.2 S. 141 of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended) provides thus: “There shall
be for the Federation Vice President”

2.3 S. 142 (1) CFRN (supra) in effect,
recognizes and distinguishes the offices of the President from the
Vice President’s.

2.4 I therefore share the view that the
Certificate of Return issued to the Vice-President, Yemi Osinbajo
ought to have specifically stated the office he was returned, which
is the office of the Vice President and not the Office of the
President as irregularly presented.  This is moreso as the
irregularity implies that Buhari & Osinbajo were both returned
as “Presidents” in the same election, under the same political
party.

I place reliance on the cardinal principle of interpretation
that parties are presumed to intend what they have in fact said or
written down; the words employed by them will be construed and
should be given their ordinary and plain meaning and additional
words or clause ought not to be imported into a written document.
See HON. GABRIEL YUNISA OLOFU & ORS. V. MR. MICHAEL
ADEJOH ITODO& ORS. (2010) LPELR-2585 (SC);  See
also, ADISA V. OYINWOLA (2000) 10NWLR 9PT. 674) P.
116.

In conclusion therefore, I am submitting that the
Certificate of Return issued President Muhammadu Buhari is
perfectly in order without any defect whilst the Certificate of
Return issued to Vice-President Yemi Osinbajo remains defective in
law and the INEC should immediately recall same and reissue another
in compliance with all the afore-cited laws/authorities, and
particularly  SS. 130 & 141 CFRN
(supra).

Justice U. John, Esq

#Legalbreed writes from lagos,
Nigeria.,justiceujohn@gmail.com^[2]