General M.Buhari’s School Certificate: To Be Or Not To Be?

This was written by Mr. Adolphus Nwachukwu.

In the past few weeks the issue that has wrongly been in the
front burner is whether General M. Buhari is qualified or eligible to contest
the Presidential Election of 14/2/2015 having regard to the provisions of
sections 131 and 318(1)(a)-(d) of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended).

In other words, is it a mandatory constitutional requirement
for General Buhari to produce his school certificate or Its Equivalent to the
Independent National Electoral Commission (‘INEC’) before he will be eligible
to contest the 14/2/20015 Presidential election? Does the Constitution of the Federal
Republic of Nigeria, 1999 (as amended) (hereafter ‘the 1999 Constitution’)
stipulate that a Presidential candidate or aspirant like General Buhari must
produce his/her school certificate or its equivalent before he will be eligible
to contest a Presidential election?

Is “school certificate” the minimum requirement for a
Presidential candidate to be eligible to contest a Presidential election in
Nigeria? Can INEC allow a Presidential Candidate to contest a Presidential
Election even though the candidate has a qualification below “school
certificate level”? Does the fact that General Buhari attended Provincial
Secondary School, Katsina, Katsina State, enough to make him eligible to
contest the Presidential election of 14/2/2015? Could General M. Buhari have
attended provincial Secondary School, Katsina, Katsina State, without attending
primary school? These questions will be resolved in the course of a critical
analysis of the law and the facts surrounding this certificate saga.

AVAILABLE FACTS

From the facts available, General Buhari confirmed that he
attended Provincial Secondary School, Katsina. He also graduated in 1961 with
many prominent Nigerians, including Late General Shehu Yar’adua, former Chief
of staff at the Supreme Headquarters, and Justice Umaru Abdullahi, a former
President of the Court of Appeal. He also confirmed that he sat for the
University of Cambridge/West African School Certificate in 1961 along with
General Shehu Yar’adua, and Justice Umaru Abdullahi, in 1961, where his
examination number was 8280002, and passed the examination in the Second
Division. He, however, noted that his result or certificate is with the
Nigerian Army.

On 20/1/2015, the Nigerian Army, through its Director of
Army Public Relations, Brigadier General Olajide Laleye, issued a statement in
order to clear the air on General Buhari’s certificate saga. In his press
statement the General said:

“… 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 18 Oct 61.

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 NA that before candidates are
shortlisted for commissioning into the officers’s 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
(WASC) in 1961 with credits in relevant subjects: English Language, Geography,
History, Health Science, Hausa and a pass in English Literature. Neither the
original copy, Certified True Copy (CTC) nor statement of result of Major
General M Buhari’s WASC result is in his personal file. See, Sahara Reporters
January, 20th 2015; Premium Times, 21st January, 2015 and Letter from the
Nigerian Army, Department of Military Secretary, Mambilla Barracks, Asokoro,
Abuja with Reference No: AHQ MS/GI/300/249 signed by Major General I.I. Abbah
for and on behalf of the Chief of Army Staff and addressed to Office of General
Muhammadu Buhari GCFR, No. 34 Lobito Crescent, Off Adetokumbo Ademola Crescent,
Wuse II, Abuja.

ANALYSIS OF AVAILABLE FACTS

From the information made available by the Nigerian Army
from its record, General Buhari was a former student of Provincial Secondary
School, Katsina and had a Principal who wrote a report on him and recommended
him to be suitable for military commission. It is arguable that General Buhari
could not have attended Provincial Secondary School, Katsina without first
finishing his Primary School education and obtaining the relevant Primary
School Leaving Certificate. It is also plausible that General Buhari’s
Principal in Provincial Secondary School, Katsina, could not have recommended
him to the Nigerian Army if he did not attend Provincial Secondary School,
Katsina.

Again the Nigerian Army has a practice of its Selection
Board verifying the original copies of the officers’ cadre certificate but
there was available record to show that this process was followed in the 1960s.
If I understand Brigadier General Olajide Laleye clearly, what he was conveying
is that there is no record with the Nigerian Army to show whether General
Buhari’s credentials were verified or not verified by the Selection Board
because there was available record to show that this process was followed in
the 1960s but the Nigerian Military has the practice of verifying Offers’
cadre’s credentials. On this note it is also arguable that General Buhari could
not have joined the Nigerian Army without the Selection Board verifying the
original copies of his credentials if the process was followed in the 1960s.

The only predicament of the Nigerian Army is that there is
no available or accessible record to confirm or deny that this process was
carried out in the 1960s. However, the entry made on the Nigerian Army Form
199A at the point of documentation after commissioning General Buhari as an
officer indicated that General Buhari obtained the West African School
Certificate (WASC) in 1961 with credits in relevant subjects: English Language,
Geography, History, Health Science, Hausa and a pass in English Literature. It
is submitted that the above information confirmed that although there is no
available record to show that this process was followed in the 1960s, Form 199A
of the Nigerian Army lays credence that General Buhari obtained the West
African School Certificate (WASC) in 1961 with credits in English Language,
Geography, History, Health Science, Hausa and a pass in English Literature.

This is because if these credentials were not available to
be verified by the Nigerian Army’s Selection Board in the 1960s or through
other means that may be obtainable at that time it could not have been
available in Nigerian Army Form 199A at the point of documentation after
commissioning of General Buhari. Again, Form 199A of the Nigerian Army could
not have been filled with General Buhari’s Statement of West African School
Certificate (WASC) Result without the Nigerian Army’s Selection Board or any
other department seeing and verifying same. Besides, Form 199A of the Nigerian
Army could only have been filled after General Buhari or his Provincial
Secondary School, Katsina, supplied his statement of result to the Nigerian
Army. From another angle Form 199A could not have been filled without seeing
General Buhari’s Statement of Result.

The only constraint of the Nigerian Army which is
understandable is that there is no available record to show that this process
was followed in the 1960s in respect of General Buhari’s West African School
Certificate (WASC) Result and that there is no evidence that its Selection
Board verified same. However, the Nigerian Army which is a strong, viable,
responsible and responsive ‘pride’ of the Nigerian State has confirmed that its
Form 199A shows that General Buhari has West African School Certificate (WASC)
Result evidencing the subjects he passed.

In sum, the fact that General Buhari attended Secondary
School is not in doubt but what cannot be confirmed is his original, certified
true copy or statement of result of the said West African School Certificate
(WASC). However, the front page of Punch Newspapers of 22/1/2015 has confirmed
through a Statement of Result that General Buhari attended Provincial Secondary
School, Katsina. However, whether a Statement of Result can be a substitute for
a lost certificate will also be discussed. In essence both General Buhari, the
Nigerian Army and Provincial Secondary School, Katsina are saying the same
thing to the effect that General Buhari is a graduate of Provincial Secondary
School, Katsina.

THE POSITION OF THE LAW

WHAT IS THE REQUIRED QUALIFICATION TO CONTEST ELECTION AS
PRESIDENT OR FOR ELECTION AS PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA?

The required qualification to contest election as President
or for election as President of the Federal Republic of Nigeria is as
circumscribed in section 131 of the 1999 Constitution (as amended).
Section 131 of the 1999 Constitution provides that:

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

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of forty years;

(c) he is a member of a political party and is sponsored by
that political party; and

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

The above subsection (d) is also impari materia or of the
same kind with Section 65(2)(a), 106(c) and 177(d) of the 1999 Constitution as
regards the required qualification to contest election as a member of the
Senate and House of Representatives respectively, as a member of the House of
Assembly of the State and as a Governor of the State. See the Judgment of the
Court of Appeal in the case of HAASTRUP ADEWALE OLATUNJI V. GBEDE ADEREMI
WAHEED & 4 Others reported in [2012] 7 Nigerian Weekly Law Report (Part
1298) Page 24 at 45.

WHAT AMOUNTS TO “EQUIVALENT OF SCHOOL CERTIFICATE LEVEL” OR
MEANING OF “SCHOOL CERTIFICATE OR ITS EQUIVALENT?”

Again section 318(1) of the 1999 Constitution (as amended)
which is interpreted section 131 (d) defined what is school certificate or its
equivalent when it stated that “school certificate or its equivalent” means-

(a) A Secondary School Certificate or its equivalent 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 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 is this writer’s humble opinion that pursuant to the
provisions of section 318(1), to possess “school certificate or its equivalent”
within the meaning of section 131(d) of the 1999 Constitution, the Presidential
candidate must have fulfilled any of the four requirements stated in section
318(1)(a-d), to wit:

(a) A Secondary School Certificate or its equivalent or
Grade II Teacher’s Certificate, the City and Guilds Certificate.

(b) Education up to Secondary School Certificate Level.

(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.

(d) Any other qualification acceptable by the Independent
National Electoral Commission.
See, Imam v. Sheriff (2005) 4 Nigerian Weekly Law Report (Part 914) 80 at 196-
197.

A critical appraisal of sections 131 and 318(1) of the 1999
Constitution (as amended) will show that a person wishing to contest (ie,
before accepted by INEC) or contesting (after accepted by INEC) for the office
of the President of the Federal Republic of Nigeria must have been educated up
to at “least School Certificate level or its equivalent.” The word ‘at least
School Certificate level’ is critical as will be seen later in this article.
Also the same constitution in trying to interpret what is “school certificate
or its equivalent” listed four options to wit: (a) A Secondary School
Certificate or its equivalent or Grade II Teacher’s Certificate, the City and
Guilds Certificate; (b) Education up to Secondary School Certificate Level; (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; (d) Any other qualification
acceptable by the Independent National Electoral Commission.

It should be borne in mind that section 318(1)(a) and (b) of
the 1999 Constitution (as amended) referred to a “Secondary School Certificate
and Education up to Secondary School Certificate Level.” It is this writer’s
opinion that there is a difference between “Secondary School Certificate” and
“Education up to Secondary School Certificate Level.” This is because if there
is no difference the Legislature or National Assembly who are deemed in law to
have enacted the 1999 Constitution (as amended) would not have used the two
phrases in section 318(1)(a) and (b) of the Constitution. Second, it is a
cardinal principle of interpretation of statues and the Constitution that the
maker of any law/Legislature, be it constitutional or otherwise, does not use
any word in vain, nor does he indulge in tautology or in surplusage in the use
of words. See, Tukur v. Government of Gongola State (1989) 4 Nigerian Weekly
Law Report (Partt.117) page 517 at page 579 per Honourable Justice Nnaemeka-Agu
(of blessed memory). Again, what is “Education up to Secondary School
Certificate Level” was not interpreted by the Constitution and therefore will
be left within the province of the Judiciary to interpret this aspect of the
law in order to discover the intention of the Legislature or National Assembly
in using that phrase.

Furthermore, the use of the phrase ‘at least School
Certificate level’ in section 131(d) of the 1999 Constitution (as amended) is
ambiguous because it did not indicate which ‘school certificate level’ the
Constitution was referring to. However, section 318(1) expounded section 131(d)
by stating that “at least School Certificate Level” includes either “Secondary
School Certificate or Primary School Leaving Certificate.” Therefore, a person
who is not educated up to ‘at least School Certificate level or its equivalent’
may still qualify for election into the office of the President of the Federal
Republic of Nigeria if he has a primary six school leaving certificate in
addition to evidence of fulfilling the conditions in section 318(1)(c)(i-iii).
See, Bayo v. Njidda [2004] 8 Nigerian Weekly Law Report (Part 876) 544 at 619,
paragraph H. Also section 318(1)(a) and (b) went further to differentiate a
“Secondary School Certificate or its equivalent or Grade II Teacher’s
Certificate, the City and Guilds Certificate” on the one hand and “Education up
to Secondary School Certificate Level” on the other hand. See, Bayo v. Njidda
[2004] 8 Nigerian Weekly Law Report (Part 876) 544. In this context, it can be
argued without equivocation that “Secondary School Certificate or its
equivalent or Grade II Teacher’s Certificate, the City and Guilds Certificate”
means attending any secondary school and obtaining the relevant or requisite
certificate.

However, while the lawyer in me will argue that “education
up to Secondary School Certificate Level” is the opposite of “Secondary School
Certificate or its equivalent or Grade II Teacher’s Certificate, the City and
Guilds Certificate” and therefore means attending Secondary School without
necessarily obtaining certificate, it will be more apposite to allow the
Judiciary or our Courts to interpret this aspect of the law. This is because in
Bayo v. Njidda [2004] 8 Nigerian Weekly Law Report (Part 876) 544 at 630,
paragraphs A-D, the Court of Appeal made it crystal clear that the none use of
the word “or its equivalent” in section 318(1)(b) of the Constitution means
that the candidate does not have to pass the secondary school certificate
examination. It is enough that the candidate attended secondary school and read
up to the secondary school certificate level ie, without passing and obtaining
the certificate.

Likewise, it is also interesting that while section 131(a)
of the 1999 Constitution (as amended) stated “School Certificate level or its
equivalent” as the minimum qualification to contest for an election into the
office of the President, section 318(1) stated its meaning. See, Imam v.
Sheriff (2005) 4 Nigerian Weekly Law Report (Part 914) 80 at 197 paragraphs
C-H. However, sections 318(1)(a),(b) and (c) of the 1999 Constitution (as
amended) provided the distinction between “Secondary School Certificate or its
equivalent”, “Education up to Secondary School Certificate Level” and “Primary
Six School Leaving Certificate or its equivalent.” That notwithstanding, it
must be noted from section 318(1) of the 1999 Constitution (as amended) that
while there is no other condition attached to obtaining “Secondary School
Certificate or its equivalent” and “Education up to Secondary School
Certificate Level” there were three other conditions attached to having
“Primary Six School Leaving Certificate or its equivalent.” In this writer’s
opinion, these distinctions demonstrates the differences between “Secondary
School Certificate;” “Education up to Secondary School Certificate Level” and
“Primary Six School Leaving Certificate or its equivalent” as used in section
318(a), (b) and (c) of the 1999 Constitution (as amended) even though each of
them constitute the constitutional minimum educational requirement for
contesting for the office of the President of the Federal Republic of Nigeria.

Besides, possessing a “Primary Six School Leaving
Certificate or its equivalent” as stated in section 318(1)(c) is not enough
because the candidate must have served 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; attended 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 the ability
to read, write, understand and communicate in the English language to the
satisfaction of the Independent National Electoral Commission. In respect of
Section 318(1)(c)(ii) it must be observed that there is a difference between
‘attending a course’ and “attending a training’ meaning that there are two
conditions stipulated in that sub-sub-section. From the above analogy, it is
imperative that an intending Presidential contestant or candidate that had only
Primary Six School Leaving Certificate or its equivalent must in addition
present evidence of working in the public or private sector of the Federation
for ten years, attendance of courses and training in that sector and
demonstrate the ability to read, write, understand and communicate in the English
language to be acceptable and to the satisfaction of INEC. It should also be
noted that in these three extra conditions (in addition to Primary Six School
Leaving Certificate), INEC has a significant role to play in terms of accepting
the candidate’s service in the private or public sector and attendance of
courses and training on the one hand and satisfaction that the Presidential
aspirant has the ability to read, write, understand and communicate in the
English language on the other hand.

Be that as it may, it must be stressed that although the
words ‘acceptable’ and ‘satisfaction’ as used in section 318 (c)(i)(ii)
and(iii) of the Constitution are predicated or subject to the discretion of
INEC, such discretion must be exercised judicially and judiciously subject to
the facts and circumstances of each case. See, Long-John v. Blakk (1998) 6
Nigerian Weekly Law Report (Part. 555) page 524 at page 542, paragraph D
(S.C.); Eronini v. Iheuko (1989) 2 Nigerian Weekly Law Report [Part101] page
46; Sections 6 (6) (a) and 36(1) of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended); Ntukidem v. Oko [1986] 5 Nigerian Weekly Law Report
(Part 45) page 909 at page 918-919, paragraphs H-A (S.C.); Saffiedddline v.
C.P. (1965) 1 ALL Nigeria Law Report page 54 at page 56 (S.C.); Ugboma v. Olise
(1971) 1 ALL Nigeria Law Report page 8. Therefore, INEC must base its
discretion on facts presented by the Presidential aspirant or candidate and be
guided by the Constitution and the equitable principle of what is just and
proper under the circumstances. See, Sumonu Oladejo & Anor. v. Bakare
Adeyemi & Ors. (2000) 3 Nigerian Weekly Law Report (Part 647) Page 25 at
Page 41, paragraphs F-G. However, if the Presidential aspirant/candidate or the
proposed Presidential aspirant/candidate is of the firm view that INEC did not
exercise its discretion judicially and judiciously (since it will be assuming
and exercising quasi-judicial powers in interpreting section 318(1)(c) of the
1999 Constitution) but rather that its exercise of discretion was manifestly
wrong, arbitrary, reckless, injudicious or contrary to justice, he/she can
approach the Judiciary through the court to interpret INEC’s implementation or
interpretation of section 318(1)(c) of the Constitution. See, Imonikhe v. A-G,
Bendel State [1992] 6 Nigerian Weekly Law Report (Part 248) Page 396 at Page
408, paragraphs D-E (S.C.); University of Lagos v. Olaniyan & 2 Ors. (1985)
1 Nigerian Weekly Law Report (Part 1) 156; University of Lagos v. Aigoro (1985)
1 Nigerian Weekly Law Report (Part1) 143; John Akujobi Nwabueze v. Obioma Nwosu
(1988) 4 Nigerian Weekly Law Report (Part 88) 257 at 160. This is because it is
not the law that the decision of INEC as to qualification of a candidate to
contest an election is conclusive and cannot be questioned in a Court of law.
See, Imam v. Sheriff (2005) 4 Nigerian Weekly Law Report (Part 914) 80 at 168,
paragraph G. However, the proper time to challenge the question of
qualification of a candidate to contest an election is after the election. See,
Chief Falae v. General Obasanjo & 59 Others [1999] 4 Nigerian Weekly Law
Report 476 at 515(C.A.), Per Honourable Justice Edozie (as he then was later
Justice of the Supreme Court); Tsoho & Anor. v. Yahaya & 5 Ors. (1999)
4 NWLR (Part 600) 657 at 622, 671, 673 (C.A.); Peters v. David & 3 Others
(1999) 5 NWLR (Part 603) 486 at 495-496 (C.A.); Alhaji Balewa v. Alhaji Muazu
& 4 Ors. (1999) 5 NWLR (Part 604) 636 at 644-645 (C.A.) and Abdullahi v.
Alhaji Hashidu (1999) 4 NWLR (Part 600) 638 at 644 and 648 (C.A.)

More importantly, section 318(1)(d) of the 1999 Constitution
gave INEC wide powers when it provided thus: “Any other qualification
acceptable by the Independent National Electoral Commission.” The question is
what is “Any other qualification acceptable by the Independent National
Electoral Commission”? Must such qualification be equivalent or below “Primary
Six School Leaving Certificate or its equivalent.” This may be a wrong
interpretation because section 318(1)(c) has already used the phrase “Primary
Six School Leaving Certificate or its equivalent” and it will amount to a
repetition to use the same word or phrase in section 318(1)(d). It may also
mean any other certificate not mentioned in section 318(1) which is plausible
considering the fact that the Constitution puts this option in paragraph (d)
after listing the other options in paragraphs (a-c). Again, by not stating any
qualification in section 318(1)(d), the Constitution has mandated INEC to
determine any other qualification which, in this writer’s opinion, not in
section 318(1)(a-c) and may even be below Primary Six School Leaving
Certificate or its equivalent but must be acceptable to INEC. Therefore, a
Presidential candidate may not have a Secondary School Certificate or its equivalent
or Grade II Teacher’s Certificate, the City and Guilds Certificate; or
Education up to Secondary School Certificate Level; or Primary Six School
Leaving Certificate or its equivalent with other conditions attached in section
318(1)(c) but could still be allowed to contest the Presidential Election if
INEC is satisfied with any other qualification he may possess. In other words,
“School Certificate or its equivalent” as used in section 131(d) of the 1999
Constitution (as amended) is not only limited to “Secondary School Certificate
or its equivalent or Grade II Teacher’s Certificate, the City and Guilds
Certificate”; or “Education up to Secondary School Certificate Level”; or
Primary Six School Leaving Certificate or its equivalent with other conditions
attached in section 318(1)(c) but “Any other qualification acceptable to the
Independent National Electoral Commission.” Section 318(1)(d) is a wide
discretion given to INEC. It is rather too wide because if INEC accepts a
Presidential candidate based on any qualification acceptable to it, no
Political Party or individual can question such discretionary powers exercised
by INEC within the province of the Constitution. See, Imam v. Sheriff (2005) 4
Nigerian Weekly Law Report (Part 914) 80 at 204-205, paragraphs H-A. In the
case of HAASTRUP ADEWALE OLATUNJI V. GBEDE ADEREMI WAHEED & 4 Others
reported in [2012] 7 Nigerian Weekly Law Report (Part 1298) Page 24 at 46,
paragraphs A-B, the Court of Appeal held that since INEC accepted an Arabic and
Islamic Training School Certificate, then section 318(1)(d) of the 1999
Constitution had been complied with.

Conversely, in the same case of HAASTRUP ADEWALE OLATUNJI V.
GBEDE ADEREMI WAHEED (supra) at page 46, the Court of Appeal interpreted
section 318(1) of the 1999 Constitution (as amended) and came to the conclusion
that the meaning and definition of School Certificate level or its equivalent
as contained in section 318(1) of the 1999 Constitution (as amended) can
accommodate candidates who woefully failed in their bid to obtain a West
African School Certificate who are described as W.A.S.C. “attempted” or
“failures.” The Court went further to state that a Presidential or National
Assembly candidate need not have obtained the Secondary School Certificate
level or passed the Secondary School Certificate examination because it was
sufficient that such a Presidential or National Assembly candidate or aspirant
had attended up to Secondary School level without passing or obtaining the
certificate. See also the case of Haske v. Magaji (2009) ALL Federation Weekly
Law Report (Part.461) Page 887 at 905, paragraphs B-C particularly paragraphs
D-F.

In the case of Bayo v. Njidda (2004) ALL Federation Weekly
Law Report (Part 192) Page 10; (2004) Nigerian Weekly Law Report (Part 876)
Page 544 at 630 the Court of Appeal, per Ogbuagu, J.C.A. (as he then was and
later Justice of the Supreme Court), stated thus:
“In other words, as regards a Secondary School Certificate level, one does not
have to pass the Secondary School Certificate Examination. It is enough, in my
view that one attended a secondary school and read up to the Secondary School
Certificate level i.e. without passing and obtaining the certificate.”

See also Imam v. Sheriff (2005) 4 Nigerian Weekly Law Report
(Part 914) 80 at 157, paragraph H, page 167; Chukwu v. Icheonwo (1999) 4
Nigerian Weekly Law Report (Part 600) 587 and Digai v. Nanchang (2005) ALL
Federation Weekly Law Report (Part 140) 41.

Besides in Imam v. Sheriff (supra) at page 173, paragraphs
A-B, the same Court of Appeal, per Ogbuagu, J.C.A. (as he then was and later
Justice of the Supreme Court), stated thus:

“Again, if the Grade II Teacher’s Certificate, is equivalent
to a School Certificate, by virtue of section 177(d) of the 1999 Constitution,
the only qualification required, is that the candidate had been educated up to
at least Grade II Teachers’ Certificate and not that he obtained or was awarded
the certificate .… ”

See also, Chukwu v. Icheonwo (1999) 4 NWLR (Pt. 600) 587 at
596.

The same Court of Appeal, in the same Imam v. Sheriff
(supra) per Sanusi, J.C.A, at page 206, paragraphs G-H, stated thus:

“Again it is submitted by the learned silk on behalf of the
appellants that a statement of result was not even produced. The learned senior
counsel for the appellant kept on hammering on the failure of the 2nd
respondent’s counsel to produce Teacher’s Grade II Certificate. I have stated
earlier and I will repeat it once again that, the law (Constitution) nowhere
insisted that a candidate for contest of Governorship election must show or
produce a Certificate that he passed the exam (Grade II). It is sufficient if
he produces evidence of attendance of such course or School Leaving
Certificate. That has been a settled law long ago. There are plethora of cases
on that, one of them is Chukwu v. Icheonwo (1999) 4 NWLR (Pt.600) 587 at 596”

Again in the case of Ndayako v. Mohammed [2006] 17 Nigerian
Weekly Law Report (Part 1009) Page 655 at Page 683, paragraphs D-G, the Court
of Appeal, per Honourable Justice Rhodes-Vivour (as he then was now a Justice
of the Supreme Court), stated thus:
“Exhibit F is the 1st respondent’s Higher School Certificate indicative of the
fact that he sat for the HSC exams. The position of the law is that where
documentary evidence supports oral testimony such oral testimony becomes more
credible. This is so as documentary evidence serves as a hanger from which to
assess oral testimony. See Kimdey v. Military Governor of Gongola State (1988)
2 NWLR (Part 77) page 445; Omoregbe v. Lawani (1980) 3-4 S.C. p. 117; Buraimoh
v. Esa (1990) 2 NWLR (Pt.133) p.406. My Lords, since there is evidence that the
1st respondent sat for the West African School Certificate Exams and the Higher
School Certificate this is more than is required by section 65(2)(a) of the
Constitution. What is required is compelling evidence that a candidate for the
Senate (herein President) is educated up to the required level and it is not
necessary that such a candidate must produce his West African School
Certificate. In this case the 1st respondent comfortably exceeds the
educational requirement. Exhibit F is conclusive of that fact.”

Therefore from the foregoing provisions of the 1999
Constitution (as amended) and its interpretation by the court, it is clear and
undisputable that the minimum qualification for a contestant of the
Presidential office is education up to at least School Certificate Level or its
equivalent. It is not the requirement of the Constitution or the Electoral Act
that a candidate for an election into the office of President of the Federal
Republic of Nigeria must obtain or produce his or her certificate. It suffices
to say that once he leads evidence through an affidavit or other means to show
that he, at least, obtained School Leaving Certificate even without passing
such examination or its equivalent, then the candidate is qualified to contest
the election. See, Section 318(1)(c) of the 1999 Constitution and Imam v.
Sheriff (supra) page 204, paragraphs G-H.

Conclusion

From the above analysis, based on the facts and the law, it
is submitted that it is not a mandatory constitutional requirement for General
Buhari or any other Presidential candidate to produce his secondary or primary
school certificate or its equivalent to the INEC before he will be eligible to
contest the 14/2/2015 Presidential election. Second, the Constitution of the
Federal Republic of Nigeria, 1999 (as amended) did not stipulate that a
Presidential candidate or aspirant, such as General Buhari, must produce his
secondary or primary school certificate or its equivalent before he will be
eligible to contest a Presidential election. Third, “school certificate” is not
the minimum requirement for a Presidential candidate to be eligible to contest
a Presidential election in Nigeria having regard to the provision of section
318(1)(d) that allows INEC to accept any other qualification from the
Presidential candidate or aspirant. Fourth, INEC can allow a Presidential
candidate to contest a Presidential election even though the candidate has a
qualification below “school certificate level.” Fifth, the fact that General
Buhari attended Provincial Secondary School, Katsina, Katsina State (now
Government College, Katsina) is enough to make him eligible to contest the
Presidential election of 14/2/2015. Sixth General Buhari could not have
attended Provincial Secondary School, Katsina, Katsina State, without attending
primary school and obtaining Primary School Leaving Certificate. Seventh,
having obtained a Primary Six School Leaving Certificate, INEC was right in
registering General Buhari as the Presidential aspirant or candidate of the All
Progressive Part (‘APC’) because his Secondary School Certificate is no longer
necessary. Eight there are facts that General Buhari is a retired from the
Nigerian Army which is part of the Civil Service of the Federation and served
more than ten years in the Nigerian Army? Nine as a retired Military Officer
General Buhari should by virtue of the law be entitled to monthly pension? Ten
there is evidence that General Buhari attended courses and training while in
Military Service? Eleven, the fact that General Buhari made credit in English
Language is a presumption that he has the ability to read, write, understand
and communicate in the English language? Twelve, the fact that the Nigerian
Army confirmed that Form 199A in their record shows that General Buhari passed
the West African School Certification examination is enough evidence that
General Buhari went to secondary school. Thirteen, the publication of General
Buhari’s Statement of result in Punch Newspapers of 22/1/2015, a public
document demonstrates that he is educated up to at least School Certificate
level. Fourteen, General Buhari’s Statement of Result is evidence that he
obtained the West African School Certificate from Provincial Secondary School,
Katsina, Katsina State.

This is my opinion.

Mr. Adolphus Nwachukwu.
Mike Igbokwe SAN & Co.
Ikoyi, Lagos

[email protected]

facebook: www.facebook.com/nwachukwuadolphus