THE ONLY ACADEMIC QUALIFICATION YOU NEED TO QUALIFY TO RUN FOR THE HIGHEST OFFICE IN NIGERIA IS A PRIMARY SIX SCHOOL LEAVING CERTIFICATE

NIGERIA'S CONSTITUTIONAL REQUIREMENT FOR ELECTION TO THE OFFICE OF THE PRESIDENT VIS-à-VIS PRESIDENT MUHAMMADU BUHARI AND ASIWAJU BOLA AHMED TINUBU’S ACADEMIC QUALIFICATION SAGA.

The 1999 Constitution of the Federal Republic of Nigeria (fourth alteration) is not without controversies and has since its enactment been a subject of constant criticism. Some have argued that the 1999 Constitution is not a product of the Nigerian people, that it is a constant reminder of the dark times of Nigeria, being a product of successive Military regimes that interrupted and cut short Nigeria’s fragile democracy pre-1999 and have called for an overhaul of the 1999 Constitution to create room for the birth of a fresh document defining the collective existence of the Nigerian people. Others have argued that the 1999 Constitution is adequate and that all it needs are minor alterations like have been experienced since the inception of the constitution.

As has become the trend within the last decade in Nigeria, election seasons create room for a cascade of issues around the academic qualification of those aspiring to the office of the President of The Federal Republic of Nigeria. In 2015, the controversy was with respect to the academic qualification of President Muhammadu Buhari, in 2022 same controversy has been linked to Asiwaju Bola Ahmed Tinubu, the Presidential flag bearer of the ruling All Progressive Congress (APC). In this vein, this piece is and will be principally concerned with the academic qualification to be possessed by a person running for the office of the President of the Federal Republic of Nigeria, and is solely for the information of the Nigerian public about the minimum academic requirement a person who intends to run for the office of the President of the Federal Republic of Nigeria must possess.

The constitutional provision at the centre of this discourse is Section 131 of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration). For ease of reference, the section provides thus:

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 thirty-five 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 a School Certificate level or its equivalent.

Firstly, an aspirant to the office of the President of the Federal Republic of Nigeria has to be first a Nigerian citizen. Of note is the fact that the constitution is clear that the citizenship of such a person must have been acquired through birth. Section 25 (1) of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration) is clear on this and it states thus:

(1) The following persons are citizens of Nigeria by birth, namely-

(a) every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria:

Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.

(b) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and

(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria.

Secondly, an aspirant must have attained thirty-five years of age. Proof of the age can be done by presenting a valid Birth Certificate issued by the Nigerian Population Commission or by presenting an affidavit declaring his age according to Section 13 of the Oaths Act Cap O1 LFN 2004 (as amended). Thirdly, such an individual must belong to a political party and must be enjoying the sponsorship of that party. Fourthly and finally, such a person must have been educated up to “School Certificate Level or its equivalent”. The question then becomes, what is a School Certificate and what is equivalent to a school certificate?

Section 318 of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration) defines a “School Certificate or its equivalent” as

(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.

From the above provision particularly paragraph a, it is clear that a Certificate issued by the West African Examination Council (WAEC), National Examination Council (NECO) or a certificate issued by the Secondary School attended by an aspirant after completion of the Secondary School programme can be referred to as a “School Certificate or its equivalent”; hence if a person possesses any of the certificates, and other conditions spelt out in Section 131 of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration), he is qualified to run for the office of the President of the Federal Republic of Nigeria. However, Paragraph b above presupposes that merely being educated up to the Secondary Certificate Level is enough to meet the requirements of Section 131 (d). It does suggest that whether or not such aspirant has a Secondary School Certificate as is the case in paragraph a, in as much as it can be shown that the aspirant was educated up to the secondary school certificate level, then the provision of Section 131 (d) of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration) have been fulfilled. Paragraph c above is a very interesting provision, unlike the preceding paragraphs, it creates provisos in addition to the main requirement. It elevates a Primary School Leaving Certificate holder who has Served in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission (INEC) for a minimum of ten years, attended courses and training in institutions as may be acceptable to INEC for a minimum of one year, and can read, write, understand and communicate in English to the satisfaction of INEC; equal in terms of the minimum academic qualification for running for the office of the President of the Federal Republic of Nigeria, with that of a Secondary School Certificate holder or a person educated up to School Certificate level. It is my view that the sub-paragraphs to paragraph c in Section 318 as cited above operate collectively and not in isolation. This means that, for a person to meet the requirements of Section 131 (d), where he has just a Primary School Certificate, he must also fulfil the three items listed under Section 318 (c) as cited above.

What this means is that what is needed to be shown by an individual who intends to run for the office of the President of the Federal Republic of Nigeria with regards to academic qualification is that such an individual has a Primary School Certificate and good oral and written command of English, has served in the public or private sector in Nigeria for at least ten years and has attended courses or training in credible institution for a least one year.

The preceding paragraph contains the minimum academic requirement for anyone aspiring to become Nigeria's President. It is important to also state that, a person who intends to run for the office of the President of the Federal Republic of Nigeria, having met the academic qualifications but for some reason cannot find copies of the certificates required in paragraphs a and c above, can rely on the provisions of Section 13 of the Oaths Act Cap O1 LFN 2004 (as amended) by deposing to an affidavit stating those facts.

One important issue that has received very little attention is paragraph (d) of Section 318 cited above-

(d) Any other qualification acceptable by the Independent National Electoral Commission.

What this means is that INEC has the power to designate any other qualification it deems acceptable, as a requirement for meeting the academic qualification for running for the office of the President of The Federal Republic of Nigeria. Take, for example, a Junior WAEC Certificate being designated a School Certificate for the purposes of section 131 (d) of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration).

While the provisions of Section 131 and 318 of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration) as cited earlier are archaic, obsolete and embarrassing to a country as endowed as Nigeria, it remains in my humble opinion the law as applicable to Nigeria. Does President Muhammadu Buhari and Asiwaju Bola Ahmed Tinubu meet the Constitutional requirement for running for the office of the President of the Federal Republic of Nigeria? From the statutory authorities provided and an unbiassed appreciation of the contents of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration), it is clear from the available data in public space that they both meet the minimum requirement, except where otherwise is proven.

In conclusion, it is recommended that paragraph (d) of Section 318 cited above, should have no place in our laws and should be expunged, while also calling for an upward review of Section 131 and 318 of the 1999 Constitution of the Federal Republic of Nigeria (fourth alteration) as it affects the office of the President of the Federal Republic of Nigeria.

Joshua Ugwu, Esq. ACIArb UK