Re: USA Africa Dialogue Series - Re: GEN. BUHARI: LAWLESSNESS OF A LAW AND ORDER CANDIDATE

BY CHIKA ONYEANI

I am fascinated and profoundly dismayed by what is happening in Nigeria, as it portends to a future of a return to dictatorship from a candidate who has claimed to be a law and order candidate but who has exhibited lawlessness throughout his public career.  It is about whether an individual who aspires to the post of President should obey a simple provision of the law that says that you must tender a copy of your school certificate to show that you are qualified to run, whether you have a Ph.D., M.D., ACCA, etc., the first requirement is an evidence of a school certificate.

As we know, Nigerians will be going to the polls on February 14, 2015, for a presidential election.  It pits the current President Goodluck Ebele Azikiwe Jonathan against ten other candidates, nine of the candidates who don't really have any prayer in heaven of coming close to challenge him.  But one candidate is posed to offer the stiffest challenge to Jonathan, and that candidate is former military dictator and Nigerian Head of State Gen. Muhammadu Buhari.  Buhari is the candidate of the largest opposition party in Nigeria, the All Progressives Congress (APC), which is an amalgam of four large parties to challenge the Peoples Democratic Party (PDP) that has ruled Nigeria since the return to democratic rule in 1999.

On December 31, 1983, Gen. Buhari forcefully ousted the democratically and constitutionally elected government of President Shehu Shagari to seize power and became the Head of State until he himself was thrown out of power on August 23, 1985 by Gen. Ibrahim Babangida.  Having been forcefully and dismally ousted from office and dismissed from the military, and no easy avenue for him to use the military to return to power, Gen. Buhari decided that his best bet is through the democratic process that he had torn apart so that he could get back to his autocratic and dictatorial rule.  Since 2003, he has ran for the presidency three times, and he is currently running for a fourth time, which begs the question why is he so fanatic about returning to the presidency of Nigeria, which should give pause to Nigerians.

Gen. Buhari, 73, has ran for president three times, including 2003, when he contested against former President Obasanjo under the platform of the All Nigeria Peoples Party (ANPP), polling 12,710,022 or 32.17% against President Obasanjo's 24,456,140 or 62.95%.

Buhari ran again in 2007 on the same All Nigeria Peoples Party (ANPP), this time against Umaru Yar'Adua from the same state like himself.  He got only 6,605,299 votes or 18.72% as against 26,638,063 votes or 69.82% for Yar'Adua.

Buhari last ran against the incumbent President Goodluck Jonathan who defeated him by a wide margin in 2011, after abandoning the ANPP and founding the Congress for Progressive Congress (CPC).  Mr. Buhari scored 12,214,853 to Goodluck Jonathan's 22,495,187 votes. According to Human Rights Watch, "The April elections were heralded by the international community as among the fairest in Nigeria's history, but they also were among the bloodiest," said Corinne Dufka, senior West Africa researcher at Human Rights Watch, because of earlier utterances of the General before the election.

So, here we are again.  Again, Gen. Buhari is running for the presidency.  As we pointed out, he has already ran three times for the presidency.  You would have expected that an individual who has fanatically and brazenly sought the presidency of Nigeria from which he had been chased out through a military coup d'etat as he himself had earlier done, would know the rules governing submission of papers, including the requirement for the production of an original or a copy of a certificate.  But true to a pattern, Gen. Buhari chose not want to furnish the certificate; rather he accompanied his presidential form with a sworn affidavit, which seems to be obviously acceptable to the Independent National Electoral Commission (INEC), the governing body for elections in Nigeria.

But then, the information leaked out that Buhari had not attached a copy of his certificate to his presidential application form.  Nigerians are saying no, that's not right.  There is only one law for the rich, the poor, the powerful, the weak, one individual must not place himself above the law.  For the first time, replying to any issue raised about him, Buhari told the nation that his educational qualifications are with the Nigerian military board.  But wait a minute, this is an individual who has been running for election for more than a decade, and he couldn't have copies of his educational qualifications?

In his affidavit dated November 24, 2014, Gen. Buhari had deposed with these words, ""I am the above-named person and deponent to this affidavit therein. All my academic qualifications documents as filled in my presidential form, President APC/001/2015, are currently with the Secretary, Military Board as of the time of presenting this affidavit. The affidavit is made in good faith and for record purpose."  The Nigerian military immediately replied and denied that they had in their possession the certificates of the former Head of State or that of any other officer or soldier for that matter.  The army said that "the Army can not keep anybody's original certificate because it is the personal property of the owner,'' adding that such original certificates were only needed at the point of entry into the service."  Continued the military, further explained that, "The original certificate of any officer or soldier is only needed at the point of entry into the service either as a cadet officer entering the Nigerian Defence Academy, or the recruitment officers when interviewing recruits to be sent to the depot for training. That is so, because they are needed to verify what were in the photocopies supplied by them or from the necessary examining bodies."

Gen. Buhari has clamped down and refused to discuss the issue further, except to accuse the Nigerian army of trying to discredit him, when all he has to do is write to the mlitary to furnish him his papers if he had one.  After all, the vice presidential candidate and current Vice President of Nigeria Namadi Sambo also swore to an affidavit to the effect that his certificates were lost to a fire, but his university, the ABU, sent a certified letter verifying that he is indeed a product of the university, leaving his rabid acolytes to accuse Nigerians who dare to find out the truth as witch-hunting.  They retort that the onus is on Nigerians, who are demanding that Buhari does the right thing, to prove that Buhari doesn't have what he said he has.  Imagine the effrontery!!

It is this pattern of lawlessness that Nigerians must be profoundly frightened about of a man who believes that he doesn't have to answer to basic issues that Nigerian need answers to, arrogating himself the feeling that he is above board, above the fray.  These are some of the complaints that Nobel Prize Laureate Prof. Wole Soyinka discussed in his critical essay on Buhari, titled "The Crimes of Buhari: The Nigerian Nation Against General Buhari."  Wrote Soyinka, "The grounds on which General Buhari is being promoted as the alternative choice are not only shaky, but pitifully naive.  History maters. Records are not kept simply to assist the weakness of memory, but to operate as guides to the future.  Of course, we know that human beings change.  What the claims of personality change or transformation impose on us is a rigorous inspection of the evidence, not wishful speculation or behind-the-scenes assurances.  Public offence, crimes against a polity, must be answered in the public space, not in caucuses of bargaining.  In Buhari, we have been offered no evidence of the sheerest prospect of change.  On the contrary, all evident suggests that this is one individual who remains convinced that this is one ex-ruler that the nation cannot call to order."

Continued Soyinka, Buhari – need one remind anyone – was one of the generals who treated a Commision of Enquiry, the Puta Panel, with unconcealed disdain.  Like Babangida and Abdusalami, he refused to put in appearance even though complaints that were tabled against him involved a career of gross abuses of power and blatant assault on the fundamental human rights of the Nigerian citizenry."  But you know what, Babangida and Abdusalami are not running for president.

For those in the media who are now cheering Buhari, the scars that Buhari inflicted on the Nigerian media is yet to heal, and those who think a leopard could change its color need to think again.  The essence of Buhari assault on the Nigerian press, with his draconian Decree 20 suppressing the freedom of expression, is aptly captured by Wole Soyinka, when he wrote: "…Not content with hammering down the freedom of expression in general terms, Buhari specifically forbade all public discussion of a return to civilian, democratic rule."

The question still remains why is Buhari so fanatical about regaining the Presidency of Nigeria – maybe to finish the job he felt he had not finished in 1995.  Unlike his other comrade-in-arms, former President Gen. Olusegun Obasanjo who left it to God to decide whether he would run for a third-term, Gen. Buhari will not need such a permission to run for a third, fourth, and perperually enslave Nigerians under the slogan of being the best thing that God created for Nigerians.

While Babangida and Abdulsalami are not running even though entitled, Buhari has every right to run as a Nigerian citizen.  But what he doesn't have is the honor of the Nigerian electorate to elect an individual who believes he is above the law.  If Buhari can ignore us with a simple thing like the production of his certificate, why must we trust him with our freedom.  As I have written many times, it rankles that Buhari has this entitlement syndrome that he must be president of Nigeria.  Come February 14, we are going to tell him a big NO.  We are not going to vote for a lawless candidate who pretends to be a law and order candidate.

-----Original Message-----
From: Anunoby, Ogugua <AnunobyO@lincolnu.edu>
To: usaafricadialogue <usaafricadialogue@googlegroups.com>
Sent: Thu, Jan 15, 2015 5:05 pm
Subject: RE: USA Africa Dialogue Series - Re: The Screening, Education and Certified Learnings of Muhammadu Buhari, and Their Constitutional Logicality - by Tunji Abayomi {Re: [africanworldforum] Re[2]: #3:Nebu: Apology?

so,

Are you paying attention at all? This conversation is not about whether or not Buhari attended a secondary school. It is about whether he earned a secondary school education diploma meaning that he  satisfactorily passed the diet of examinations and test that precede the award of a diploma. I feel obliged to ask you again whether you are paying attention. Is this another case of partisanship  blinding reason and independent thoughtfulness?

It is Buhari's duty to prove he earned the diploma in issue because he claims he did. He should produce an original copy of the diploma or fully and satisfactorily explain his lack of it. What is Buhari's problem with doing any of the above? Too many people are speaking for the man. One suspects truth concealment whenever this happens.  What about the man speaking for himself on a very personal matter.

Why anyone draws the Nigerian Army into this conversation is beyond comprehension. The army did not award Buhari the diploma in issue. Any copy of the claimed diploma the army might have will be a copy at best. That is not good enough now. Given the run-around Buhari and his supporters have given INEC and Nigerians on this matter, only the original copy of Buhari's diploma will answer all inquiries satisfactorily. It is disgraceful that the so-called integrity angel will not be transparent and freely come clean on a simple matter of law and the constitution. Why should Buhari get a free ride or pass when he did not and will not give others the same measure.

It is not for Buhari's  doubters to prove that he does not have a secondary school education diploma.  Proof of his possession of the diploma is Buhari's personal responsibility. He is the one making the claim that he does.  If SO claims that he does, what/where is SO's evidence beyond arrogant presumptiveness and bully tactics.  May we have the evidence that informs SO's very strident position he has taken on Buhari's diploma.  SO has no evidence of course and no one should be surprised that he does not because he should not.  

 

oa

 

From: usaafricadialogue@googlegroups.com [mailto:usaafricadialogue@googlegroups.com] On Behalf Of Segun Ogungbemi
Sent: Thursday, January 15, 2015 1:43 AM
To: usaafricadialogue@googlegroups.com
Subject: Re: USA Africa Dialogue Series - Re: The Screening, Education and Certified Learnings of Muhammadu Buhari, and Their Constitutional Logicality - by Tunji Abayomi {Re: [africanworldforum] Re[2]: #3:Nebu: Apology?

 

oa,

You have no proof at all. If anyone has a proof that Buhari did not have a secondary school education let him come out and prove it. Don't forget we have been told that he attended war college in the US and got a diploma. 

All the ifs are insufficient to discredit Buhari's qualification to contest the election for president of Nigeria. 

Segun Ogungbemi Ph.D

Professor of Philosophy

Adekunle Ajasin University

Akungba-Akoko, Ondo State

Nigeria

Cellphone: 08033041371

                   08024670952

On Jan 14, 2015, at 11:18 PM, "Anunoby, Ogugua" <AnunobyO@lincolnu.edu> wrote:

What genuine debate does BA refer to? What debate is more critical and genuine at this time than the qualification of election candidates under the constitution? There is no worse impunity before a democratic elections in a constitutional democracy. Only eligible candidates should seek elective offices in a constitutional democracy.

How on earth does it not matter that a man seeking the highest office in the land does not seem to satisfy a critical constitutional qualification requirement? This is a matter of law. It  is not a matter of convenience, contrivance, or ethnic/party politics. Why should a man who does not seem to satisfy a constitutional requirement be allowed to serve under that constitution and be expected or trusted to enforce its provisions as a remunerated constitutional duty?  Why should this man be faithful to a constitution whose essential provision he seems to violate?  How likely is it that a man seemingly above the law would faithfully and justly implement the law that he despises?

If Buhari does not meet constitutional education requirements for the office that he seeks, as it is alleged that he does not, he should be good citizen enough to not seek the office. He should be forced to not contest the elections by the courts if he will not do so by his own volition, or present acceptable evidence that he meets all constitutional requirements. Nigeria needs to remain a country of laws. There is always talk of indiscipline in Nigeria's public affairs. What indiscipline is worse than allowing  a constitutionally defective citizen to run for the highest office in the land under that constitution?  That Jonathan has not been the president Nigerians want him to be is no reason to allow a blunt affront and abuse of the constitution, in the search for Jonathan's replacement. Nigerians should elect president, a citizen who meets all constitutional requirements and more. There is an ample supply of them already- fourteen by some count.

If an exemption is made for  Buhari if indeed he is defective, why should exemptions not be made for any and all others on any and all constitutional matters or requirements? Nigerians must not be oblivious or unmindful of the place and significance of precedents in law and public affairs.

The case is being made by some that Buhari has been Head of State before so why not again. What seems to be lost the some, is that he imposed himself on Nigerians as their Head of State after a military coup, suspended the constitution to remain Head of State, and violated the constitution he suspended which was why he suspended it. These are different times. Nigerians have a say now and there is a constitution in force. There is a tendency in Nigeria to not to do things well especially on public affairs' matters. Nigerians have always paid avoidable heavy prices of their collective indiscretions and recklessness. Is there any Nigerian who looks forward to endless actions in court challenging Buhari's educational qualification to run for the office of president in the event that Buhari is elected president?    

I personally do believe that Buhari has not earned a high school diploma. My belief is however neither adequate or sufficient evidence that he does.  Let caution and reason reign.

 

oa  

From: usaafricadialogue@googlegroups.com [mailto:usaafricadialogue@googlegroups.com] On Behalf Of toyin.adepoju@googlemail.com
Sent: Wednesday, January 14, 2015 11:13 AM
To: usaafricadialogue@googlegroups.com
Cc: USAAfricaDialogue@googlegroups.com
Subject: USA Africa Dialogue Series - Re: The Screening, Education and Certified Learnings of Muhammadu Buhari, and Their Constitutional Logicality - by Tunji Abayomi {Re: [africanworldforum] Re[2]: #3:Nebu: Apology?

 

No academic education has been ascertained for Buhari.

 

Most likely, he has none.

 

All that has been provided for him are the efforts of people standing on their heads to make a case for a person who cant produce any evidence of such education.

 

He is likely to be an embodiment of the institutional corruption that has been Nigeria's bane.

 

The very basis of of his entire career is questionable.

 

He represents Nigeria's primitive past.

 

He cannot be a platform for any progress but only an embodiment of some of the worst aspects of the nation and its history.

 

A primary goal in creating a platform a future Nigeria is to puncture decisively   the falsehood and deception he represents.

 

thanks

 

toyin

On Sunday, January 11, 2015 at 12:11:31 AM UTC, Bolaji Aluko wrote:

 

---------- Forwarded message ----------
From: Mobolaji Aluko <alu...@gmail.com>
Date: Sun, Jan 11, 2015 at 1:02 AM
Subject: Re: The Screening, Education and Certified Learnings of Muhammadu Buhari, and Their Constitutional Logicality - by Tunji Abayomi {Re: [africanworldforum] Re[2]: #3:Nebu: Apology?
To: "africanw...@googlegroups.com" <africanw...@googlegroups.com>, Joe Attueyi <topc...@googlemail.com>
Cc: NigerianWorldForum <NIgerianW...@yahoogroups.com>, NaijaPolitics e-Group <NaijaP...@yahoogroups.com>, OmoOdua <Omo...@yahoogroups.com>, naijaintellects <naijain...@googlegroups.com>, Ra'ayi <Raay...@yahoogroups.com>, "niger...@yahoogroups.com" <niger...@yahoogroups.com>, "yana...@yahoo.com" <yana...@yahoo.com>

 

 

Joe Attueyi:

 

After Tunji Abayomi's three interventions, and now that we have established the more-than-adequate academic credentials of both Dr. Goodluck Ebele Jonathan (PhD, UniPort, Zoology, 1995) and Dr. Muhammadu Buhari (Honoris Causa:  Bauchi (DSc, 1994), Ilorin (DLL?), Enugu State (LLD, ???), Calabar (LLD, 1996) and Benue State (LLD, 1998)), can we please move on to full discussions of their achievements - past, and present -  and future hopes?

 

Thank you....we have only thirty-four days more for convincing and decision-making on this our rickety bridge that needs firming up.

 

And there you have it.

 

 

Bolaji Aluko

Anxious for genuine debate

 

 

____________________________________________________________

 

The Education and Learnings of Muhammadu Buhari  

By Tunji Abayomi

January 10, 2015

There appears to be a great anxiety by some to assert and spread wrong conclusions arising from my two previous notes on the education of General Buhari. I have not said General Buhari did not attend Primary or Secondary Schools. He did. What I said and stand on, is that section 131(d) of the Nigerian 1999 Constitution focuses not on certificates but on education. I repeat, for the avoidance of doubt, a certificate where available may well prove the education level of the citizen desirous of becoming President, but without it, he can still meet the education qualification by other modes of proof.

General Buhari met that proof before the eminent men and woman of the APC Screening Committee (A.S.C) He did that by affidavit evidence under oath and by interaction and reaction. The Screening Committee justly and rightly concluded that "he has been educated up to at least school certificate level or equivalent.

Those who refer to the disqualifying provisions of section 137(i) (j) … "he has presented a forged certificate to the Independent National Electoral Commission " to affirm that the Constitution requires a certificate are plainly wrong. In section 137 (1) (j) a citizen contestant who makes a false representation ("forged certificate") to INEC stands disqualified. A citizen who presents no certificate cannot be disqualified by a "forged certificate". The interest of section 137(1) (j) is in truth or falsehood not certificate.

Now my argument is not that General Buhari was or was not educated. It is that with all the certificates of any contestant, all that the constitution plainly requires in section 131(d) is a show that he has been educated up to the school certificate level or its equivalent not any particular certificate.

General Buhari is well educated. This is why he thinks well, speaks well, reads wells and interacts well on National issues. All you need do is listen to him in live interviews or conversation. Only yesterday I listened to the inspiring interview he gave when Nigeria turned 50.

General Buhari attended Primary School in Daura/Maiaduwa (1948 – 1952), Middle school, Katsina (1953 – 1956), Katsina Provincial Secondary School (now Government College), Katsina (1956 -1961) Nigerian Military Training School, Kaduna and Cadet Officer Course Aldershot UK (1963) Platoon Commander Course, Military College Kaduna (1964), Army Transport School, Bordan, UK (1965), Defence Servicchool (now Government College), Katsina (1956 -1961) Nigerian Military Training School, Kaduna and Cadet Officer Course Aldershot UK (1963) Platoon Commander Course, Military College Kaduna (1964), Army Transport School, Bordan, UK (1965), Defence Service Staff College, Wellington, India (1973-1974), U.S Army War College (1979 -1980).

General Buhari also displays an impressive Professional carrier. He was  Platoon Commander (1964), Battalion Adjutant / Commander (1967) Brigade Major (1970), Commander, 31st infantry Brigade, 1st Infantry Division (1972), Colonel, General Staff, 3rd Infantry Division Headquarters (1974) Military Governor, North East State (1976) Commissioner for Petroleum and Energy Resources (1976), Chairman, NNPC (1978), Military Secretary, Army Headquarters (1979), Member, Supreme Council (1979), GOC, 4th Infantry, 2nd Mech. Infantry, 3rd Armoured Division (1981-1983), Head of State and C-O-C (1983-1985), Chair PTF (1994-1999).  I have only mentioned a few.

In addition to the above learnings, he has received impressive honors among which are, to mention a few, GCFR, CFR, Defence Service Medal, Congo Medal as well as D.Sc/LL.D (honoris causa) of the Univ. of Bauchi, Ilorin, Enugu State, Calabar, and Benue State.

The APC Screening Committee is expected to make intelligent decision within the context of the qualification requirement set out in section 131(d), that is, to decide whether General Muhammadu Buhari "has been educated up to at least School Certificate level or its equivalent."

The APC Screening Committee rightly and intelligently decided that with or without the presentation of any certificates, his written profile, supported by his deposition put it beyond doubt that he has been educated beyond School Certificate Level or its equivalent.

Tunji Abayomi

_________________________________________________________

 

Buhari Certificate Controversy: The Logic Of The Constitution 

 

By Tunji Abayomi

 

Jan 6, 2015

 

First let me express profound appreciation to the Press for raising issues that concern Nigeria in the open space of public discussion. After reading over 100 reactions to my initial position that what the Constitution requires in section 131(d) is the level of education which may be shown by a certificate or otherwise, I feel compelled to speak further on this issue so that we can be adequately educated at least constitutionally.

To begin with i noticed that some questioned my grammar without actually pointing out specific grammatical error in my writing. They appear indirectly to have confirmed the vision of the Constitution that the education or level of education should have precedent over certificate. Were we to focus solely on certificate, I have too many academic certificates to exclude me from questioning whether with regard to my thoughts or the way they are expressed.

The Nigerian Constitution in section 131(d) intelligently, in my view, set out a broad outline of educational qualification for the citizen who wants to be president. It focuses on a growing education process which having regard to the words of the Constitution mainly looks at knowledge……"he has been educated up to at least school certificate level or its equivalent." The Constitution did not even say that to qualify for election to the office of president you have to go to school. In my considered view and having regard to the unambiguous words of the Constitution a Nigerian citizen who is at least 40 years old and who belongs to a Nigerian political party and who is adjudged to have been educated up to at least School Certificate level will meet the education requirement set by the Constitution.

For the education of those who spent so much energy requesting for the high school or West African School Certificate(WASC) from Gen. Buhari the issue needs to be explained. Like i said previously, the Constitution spoke only of school certificate level which is left to be determined by objective assessment by minds that the society can at least be adjudged to be competent and capable. You can, for example have a WASC  without being educated up to at least school certificate level or its equivalent. Like i said previously you could successfully purchase one at "Oluwole." In the same manner you may never have gone to a formal education institution yet be educated far beyond school certificate level.

A simple example will easily make the great logic and profound intelligence of the Constitution clear. Suppose Mr A was educated merely by interaction as it used to be in ancient times. He then decided that he wants his daughter to be a great Philosopher. He bought great philosophy books and employs home teachers for her, never sent her to school. Out of learning at home, his daughter Titun developed great interest in philosophy exceeding the expectation of her home tutors. Soon Titun wrote a great book in Philosophy which became a leading text-book in major world universities such as Oxford, Berkeley and Harvard. Now Titun, one of the world's leading scholars wants to run for the office of President of Nigeria. She has no certificate from any formal education institution. But we all know of her great philosophical works. I ask, could we say she is unqualified for election because she has not been educated up to at least School Certificate level or its equivalent since she has not formal school certificates?

Certificate as set out in section 131(d) is at best a rebut table proof of education not its definition. In the view of the Constitution, and this is very intelligent, it is knowledge which it recognizes as growing to a level…"he has been educated up to"….that must define the education qualification of the Nigerian citizen desirous of contesting for the office of President.

General Buhari is at liberty to present his certificates if he chooses to rely on them and prove through them that he has been educated to at least School Certificate level or its equivalent. But he could also leave it to the better judgment of the Screening Committee of his party, more or less like a board that sits to accept or reject a Ph.D dissertation. The essential point is that he needs not present any certificates. The judgment as to whether he meets the education qualification set by section 131(d) of the Constitution is not his at all, but that of the Screening Committee of APC. That Committee to which I was a member, in my considered view, has adjudged him to be educationally qualified to the satisfaction and hope of  the Constitution. The insistence that he must produce his certificates is trivial and definitely constitutionally unwarranted.

__________________________________________________________

How APC Screened Buhari And Educational Qualification For Presidential Contest  

by Tunji Abayomi 

 

Jan 03, 2015

 

In view of so much interest shown in the non-presentation of the Certificates of  Buhari, APC Presidential candidate to INEC, much interest has been shown in determining whether he has met the Constitution's education qualification. As a member of the APC screening Committee, I can affirm unequivocally that Gen. Buhari met the education qualification prescribed by the Constitution.

 

General M. Buhari joined the Nigerian Army in 1962, attended military training before proceeding to Officers Cadets Training at Mons Officer Cadet School, Aldershot, UK. In 1963 he was commissioned 2nd Lieutenant and appointed Platoon Commander 2nd Infantry Battalion, Abeokuta. During this same period he attended the Platoon Commander's Course at the Nigerian Military College, Kaduna.He later also attended Mechanical Transport Officers Course at the Army Mechanical Transport School,Borden, UK. General Buhari attended the Defence Services Staff College, Wellington, India in 1973 and from 1979 to 1980 as a Colonel, he attended the U.S. Army War College in Carlisle, Pennsylvania.

 

Still the question remains, has General Buhari without presenting especially his school certificate or its equivalent met the education precondition set for Presidential Candidates in the Constitution?

 

To begin with, the Constitution does not prescribe the presentation or show of any Certificate to qualify for election to the office of President. Under section 131(d) of our Military Constitution, a person shall be qualified for election to the office of President if "he has been educated up to at least School Certificate level or its equivalent." While a Certificate may unequivocably show that a contestant has been educated up to at least School Certificate level, his education without a Certificate may show, again unequivocably that he has been educated up to the equivalent of School Certificate level. For example, assuming A is the best all A student in Ajuwa Grammar School, Okeagbe, Akoko. Now on the very day before the commencement of the West African School Certificate, he sexually harrassed the daughter of the English teacher as a result of which he was dismissed, will A be said not to have met the education qualification of section 131(d) of the Constitution?

 

In my view A has not only been educated up to at least School Certificate level he would also be deemed to have been educated to its equivalent.  This position finds support in section 131(d) which neither prescribed a pass which is required for certification nor a fail which denies it. The interest of the Constitution is with the level of the education of the candidate howsoever acquired, not the certificate he aquires ipso facto.

The APC screening Committee was made up of several eminent highly educated and enlightened men and one Woman.They came to the conclusion after putting APC presidential aspirants through a most rigorous test that all the APC aspirants met the constitutional qualifications including education qualification to contest for election to the office of President. They confirm this by awarding them a certificate. The    qualification set by the Constitution for contest is the level of education not its certificate. While a certificate may irrevocably prove that the education qualification has been met, it could in the same manner prove rebut ably only that it has been met. Where for example a Certificate has been purchased for example in "oluwole" as it has  happened in several instances, a candidate though in possession of a certificate cannot be said to have met the education qualification of the Constitution because he has not been educated not to talk of up to school certificate level.

 

 

With reference to General Buhari having regard to his unimpeachable military training, an irrefutable presumption was properly made by the APC screening Committee that he met the education qualification set by the Constitution. Those who contest this or who intend to contest that he met the education qualification of section 131(d) have the burden to disprove the irrefutable presumption not General Buhari.

 

____________________________________________________________

 

 

 

On Sat, Jan 10, 2015 at 8:10 PM, 'topcrest topcrest' via AfricanWorldForum <africanw...@googlegroups.com> wrote:

General Buhari attended Primary School in Daura/Maiaduwa (1948 – 1952), Middle school, Katsina (1953 – 1956), Katsina Provincial Secondary School (now Government College), Katsina (1956 -1961) 

Folks,

We are getting somewhere at last. At last someone has developed the cojones to specifically mention the formal schools Buhari attended before getting to NDA.

 

In line with the relevant section of the electoral act Nebu has supplied us Buhari needs to swear to an affidavit that:

"The list
or information submitted by each candidate shall be
accompanied by an Affidavit sworn to by the candidate at the
High Court of a State, indicating that he has fulfilled
all the constitutional requirements for election into that
office".

 

That way any interested party who believes the affidavit is false can seek the court to disqualify the candidate. Right now candidate Buhari has not sworn to the correct affidavit. Hopefully 'honest Nigerians' can tell the 'honest candidate' to do the right thing for once

 

Joe

 

On Saturday, January 10, 2015 6:50 PM, 'Leye Ige' via AfricanWorldForum <africanw...@googlegroups.com> wrote:

 

The Education And Learnings Of Muhammadu Buhari
By Tunji Abayomi




There appears to be a great anxiety by somes to assert and spread wrong conclusions arising from my two previous notes on the education of General Buhari. I have not said General Buhari did not attend Primary or Secondary Schools. He did. What I said and stand on, is that section 131(d) of the Nigerian 1999 Constitution focuses not on certificates but on education. I repeat, for the avoidance of doubt, a certificate where available may well prove the education level of the citizen desirous of becoming President, but without it, he can still meet the education qualification by other modes of proof.

General Buhari met that proof before the eminent men and woman of the APC Screening Committee (A.S.C) He did that by affidavit evidence under oath and by interaction and reaction. The Screening Committee justly and rightly concluded that "he has been educated up to at least school certificate level or equivalent.

Those who refer to the disqualifying provisions of section 137(i) (j) … "he has presented a forged certificate to the Independent National Electoral Commission " to affirm that the Constitution requires a certificate are plainly wrong. In section 137 (1) (j) a citizen contestant who makes a false representation ("forged certificate") to INEC stands disqualified. A citizen who presents no certificate cannot be disqualified by a "forged certificate". The interest of section 137(1) (j) is in truth or falsehood not certificate.

Now my argument is not that General Buhari was or was not educated. It is that with all the certificates of any contestant, all that the constitution plainly requires in section 131(d) is a show that he has been educated up to the school certificate level or its equivalent not any particular certificate.

General Buhari is well educated. This is why he thinks well, speaks well, reads wells and interacts well on National issues. All you need do is listen to him in live interviews or conversation. Only yesterday I listened to the inspiring interview he gave when Nigeria turned 50.

General Buhari attended Primary School in Daura/Maiaduwa (1948 – 1952), Middle school, Katsina (1953 – 1956), Katsina Provincial Secondary School (now Government College), Katsina (1956 -1961) Nigerian Military Training School, Kaduna and Cadet Officer Course Aldershot UK (1963) Platoon Commander Course, Military College Kaduna (1964), Army Transport School, Bordan, UK (1965), Defence Service Staff College, Wellington, India (1973-1974), U.S Army War College (1979 -1980).

General Buhari also displays an impressive Professional carrier. He was  Platoon Commander (1964), Battalion Adjutant / Commander (1967) Brigade Major (1970), Commander, 31st infantry Brigade, 1st Infantry Division (1972), Colonel, General Staff, 3rd Infantry Division Headquarters (1974) Military Governor, North East State (1976) Commissioner for Petroleum and Energy Resources (1976), Chairman, NNPC (1978), Military Secretary, Army Headquarters (1979), Member, Supreme Council (1979), GOC, 4th Infantry, 2nd Mech. Infantry, 3rd Armoured Division (1981-1983), Head of State and C-O-C (1983-1985), Chair PTF (1994-1999).  I have only mentioned a few.

In addition to the above learnings, he has received impressive honors among which are, to mention a few, GCFR, CFR, Defence Service Medal, Congo Medal as well as D.Sc/LL.D (honoris causa) of the Univ. of Bauchi, Ilorin, Enugu State, Calabar, and Benue State.

The APC Screening Committee is expected to make intelligent decision within the context of the qualification requirement set out in section 131(d), that is, to decide whether General Muhammadu Buhari "has been educated up to at least School Certificate level or its equivalent."

The APC Screening Committee rightly and intelligently decided that with or without the presentation of any certificates, his written profile, supported by his deposition put it beyond doubt that he has been educated beyond School Certificate Level or its equivalent.

Tunji Abayomi

--------------------------------------------
On Sat, 1/10/15, topcrest topcrest topc...@yahoo.com [NIgerianWorldForum] <NIgerianW...@yahoogroups.com> wrote:

Subject: [NIgerianWorldForum] Re: Re[2]: #3: [africanworldforum] Re: Nebu: Apology?
To: "Otitigbe Obadah Oghoerore Alegbe (PhD)" <otit...@oviri.com.ar>, "Nigerian World Forum" <nigerianw...@yahoogroups.com>, "Bring Your Baseball Bat" <naijao...@yahoogroups.com>, "Politics Naija" <naijap...@yahoogroups.com>, "African GM" <africanw...@googlegroups.com>, "Ra'ayi Riga" <raay...@yahoogroups.com>, "Yan Arewa" <yana...@yahoogroups.com>, "Okonkwonetworks" <okonkwo...@googlegroups.com>, "Omo Oodua" <omo...@yahoogroups.com>, "Truth As My Weapon" <igbowor...@yahoogroups.com>, "Mgbajala Eziokwu" <niger...@yahoogroups.com>, "TalkNaija" <talkn...@yahoogroups.com>, "No Guideline In Free for All" <talk...@yahoogroups.com>
Date: Saturday, January 10, 2015, 1:23 PM


 



 


   
     
     
     

Bro OtitigbeDon't
mind Nigerians. They are the biggest hypocrites on the face
of the earth.
Lets
take Nebu's excerpt of the electoral act:

Section
31(2) of the current Electoral Act states as follows:
"The list
or information submitted by each candidate shall be
accompanied by an Affidavit sworn to by the candidate at the
High Court of a State, indicating that he has fulfilled
all the constitutional requirements for election into that
office".
   
How does Buhari's affidavit meet this legal
requirement?
But all the 'honest Nigerians' seeking
a 73 year old man to come and 'fight corruption' for
them cannot be honest in even a small matter like
this!
The fact seems to be that the old man did NOT
attend any formal western type school until he got into NDA.
Why an honest man will not simply admit to what is becoming
obvious is strange. 
Naija people sef.
Joe  On Saturday, January 10, 2015 5:53 PM,
Otitigbe Obadah Oghoerore Alegbe (PhD)
<otit...@oviri.com.ar> wrote:

   

 
 


He
did not even state which certificate.
Otitigbe.
 
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Sent: 10/01/2015 02:26:38 p.m.
Subject: Re: #3: [africanworldforum] Re: Nebu:
Apology?
 



Nebu,
I am
watching Man City play Everton--football being my
saturday chilling out activity. I will read the electoral
act and revert on yours below.


In the
interim, for purposes of argument you wrote:


Your point number 3 is inaccurate too.
Buhari's affidavit affirmed that he met the
constitutional requirement for the office he is
vying.




This is
a copy of Buhari's affidavit:
https://groups.yahoo.com/neo/groups/NaijaObserver/conversations/messages/374528



the
relevant section: "I am the above-named person and deponent
to this affidavit therein. All my academic qualifications
documents as filled in my presidential form, President
APC/001/2015, are currently with the Secretary, Military
Board, as of the time of presenting this
affidavit.
"The affidavit is made in good faith and
for record purpose. The affidavit is made in good faith and
for record purposes."
Where
does it affirm that Buhari met the constitutional
requirement for the office he is vying?


It is
possible that his "my academic
qualifications documents as filled in my presidential
form." that are currently with the Army
do NOT meet the constitutional requirement. And he has NOT
claimed in this affidavit that they do has he?


Joe



On Saturday, January 10, 2015 3:39 PM,
'Nebukadineze Adiele' via AfricanWorldForum <africanw...@googlegroups.com>
wrote:




Pastor Joe,
I
responded to you a few minutes ago before seeing this piece
of yours. I cannot respond to you in detail now but the
following points are necessary.


Your
point number 1 is incorrect: the constitution only requires
an education to the LEVEL of school certificate, not a
minimum of school certificate or its equivalent. Let me
explain that: I made division 1 in my WASC examination
(missed distinction by one point -- A2 in math) but some of
the candidates who took the exam with me failed woefully.
One thing that those who failed and those of us who excelled
have in common was/is that our education was to the level of
school certificate (here in America it is called high school
education). Bottom line, a candidate is qualified by merely
being educated up to high school education, whether he
obtained the certificate or not -- that is exactly what
section 131(d) of the constitution says.


Your point number 2 is also false -- INEC makes no such
requirement of any candidate for president (see my previous
response for details on this).


Your
point number 3 is inaccurate too. Buhari's affidavit
affirmed that he met the constitutional requirement for the
office he is vying. He indicated where his certificates can
be found, without indicating that he does not have any of
his certificates; it is actually a stretch to conclude that
he does not have his certificates or any certificates at
all.


Your
point number 4 is correct as to my prior belief. Once I read
the Electoral Act, I amended my error, not recanted. You are
also correct that you need not know the legal jargon Olu
reeled out, after all this matter is purely political and
administrative in nature, not a clear legal matter on and of
itself. 


For now, I bail out in order to care of real
business.
 


Nebukadineze Adiele
Organized religion
sired irrationality.



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