by Modupe Odele

So honestly, I cannot (and justifiably so) understand the argument that the General is not qualified to run as a Presidential candidate in the forthcoming elections.

This morning I came across a tweet by a colleague that read –

“PDP has been feasting on the collective ignorance of Nigerians including the media with the active connivance of lawyers and this is shameful”

I am constrained to agree.

And this has nothing to do with the fact that somehow the General appeared in my dreams last night telling me why I should vote for him (I am still trying to figure out if the opposition has decided to take campaigning to the REM stage of sleep).

However we should beat the Nigerian attitude of getting distracted from the main issues of any issue.

The General’s certificate — What does the law say?

Section 131 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides:

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

(a) He is a citizen of Nigeria

(b) He has attained the age of forty years

(c) He is a member of a political party and is sponsored by his political party; and

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

There is no doubt that the General prima facie fulfills criteria (a) — (c) above, so our focus is on paragraph (d). The next issue is — What does School Certificate level or its equivalent mean?

The answer can be found in the Interpretation, citation and commencement part of the same constitution. Specifically Section 318 provides

(1) In this Constitution, unless it is otherwise expressly provided or the context otherwise requires –

“School certificate or its equivalent” means –

(a) A Secondary School Certificate or its equivalent or Grade II Teacher’s certificate;

(b) Education up to Secondary School level; or

(c) Primary Six School leaving Certificate or its equivalent and –

(i) Service in the public or private sector in the Federation in a any capacity acceptable to the Independent Electoral Commission for a minimum of ten years

(ii) Attendance of courses and training in such institutions as may be acceptable to the INEC for periods totaling 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 and

(d) Any other qualification acceptable to the INEC.

A joint reading of both sections clearly show that contrary to what is being touted by dodgy journalists and lawyers there is no requirement for a secondary school certificate to be qualified for election to the office of the President.

For context, records indicate that the General applied to join the Military as a form six student of the Provincial Secondary School, Kastina and his application was duly endorsed by the Principal of the school recommending him to be suitable for military commission.

The General proceeded to the institution now known as the Nigerian Defence Academy, the Mons Officer Cadet School England, the Defense Services Staff College India and then the United States Army War College. The United States Army War College recently confirmed his diploma.

So honestly, I cannot (and justifiably so) understand the argument that the General is not qualified to run as a Presidential candidate in the forthcoming elections.

Okay, we have heard. But what is this alleged issue of the General lying under oath? They say it is perjury and is a crime.

Perjury is “the intentional act of swearing a false oath or of falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.”

In Nigeria, Perjury is the name of an offence under the Criminal Code (which is applicable in the South). Under the Penal Code (applicable in the Northern states) it is called “The offence of false evidence”.

And an affidavit is a written statement of fact voluntarily made by a person under oath or affirmation.

The General in addition to the INEC form CF001, deposed to an affidavit which said — “All my academic qualifications as filled in my presidential form, President APC/001/2015, are currently with the Secretary Military Boards as at the time of this affidavit.”

I watched a video of the The Director of Army Public Relations, Olajide Laleye, saying that the entry made on the Nigerian Army Form 199A at the point of documentation after Buhari was commissioned as an officer, indicated that the former Head of State obtained the West African School Certificate (WASC) in 1961 but neither the original copy, certified true copy (CTC) nor statement of result of Major-.Gen. Mohammadu Buhari‘s WASC result is in his personal file.

Now there are certain technicalities surrounding what constitutes Perjury in Nigeria, however today is not the day I bore you with those details.

The only way this allegation of perjury can remotely hold any water is if it can be proved that to GMB’s knowledge his Secondary School certificate was not in custody of the Nigerian Army at the time he deposed to the affidavit under reference (perhaps because he does not possess one) and he specifically listed his Secondary School certificate as one of those in the possession of the Army.

So far, it has been a good season. For the first time (since 1999) we are having issue-based campaigns, it is my hope that the ruling party lets go of this smearing technique as the possession of a secondary school certificate is quite irrelevant to the General’s qualification to run for office as President of the Federal Republic of Nigeria.

We should stay focused on real issues.

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Op-ed pieces and contributions are the opinions of the writers only and do not represent the opinions of Y!/YNaija.