Monday, January 5, 2015

Controversy Rages On Over Buhari’s Certificate


CONTROVERSY continued to rage, at the weekend, over the original certificates of the presidential candidate of the All Progressives Congress (APC), General Muhammadu Buhari .


While the General had sworn to an affidavit at an Abuja High Court to indicate that his certificates are with the military authorities, the military said it does not have the original certificates.

“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 when being interviewed as 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,” the military had said at the weekend.

The Director, Army Public Relations, Brigadier-General Olajide Laleye, also said at the weekend that the army did not keep original copies of certificates of its officers, whether serving or retired.

“Every serving and retired army officer has, at least, a copy of his certificates and credentials kept in the Nigerian Army, while that same serving and retired officer has copies of those same certificates and credentials.

“And there is a laid-down procedure to request for certificates. It is known to any serving and retired officer.

“If you want anything checked in your file, you simply follow the due process and it would be given to you, because the credentials belong to you,” he said.

Laleye added that, “the Nigerian Army does not refuse to give anybody his credentials if the due process is followed. Now, take note of this. Not only does the Nigerian Army keep these things, the individual officers, whether serving or retired, have copies.”

The Peoples Democratic Party (PDP), on Sunday, however, said the General already had too much baggage to carry, adding that the opposition could go ahead to field a man who would surely be defeated by PDP.

PDP’s spokesman, Chief Olisa Metuh, in an interview with the Nigerian Tribune, said the party was not bothered if the opposition party wanted to go ahead to field a man like Buhari, who had too many liabilities.

Also on Sunday, Minister of State for Works, Mr Dayo Adeyeye, insisted that General Buhari must prove his innocence in the certificate saga, by producing his original certificates.

He stated that Buhari’s failure to produce his certificates would amount to a clear confirmation that he had something to hide.

The minister said Buhari must provide evidence that he was qualified to contest the election, as prescribed by the 1999 Constitution.

According to him, the affidavit sworn to by Buhari was meaningless, because the military could not keep the original certificates of an officer.

He also cautioned human rights lawyer, Tunji Abayomi, who had risen in defence of Buhari, against blind support to a candidate because of personal interests.

Abayomi had, in a statement quoted by SaharaReporters, said the constitution did not prescribe the presentation or show of any certificate to qualify for election to the office of president.

According to him, “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.

“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, to contest for election to the office of President.

“They confirmed this by awarding them a certificate. The qualification set by the constitution for contest is the level of education not its certificate.

“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.”

But Adeyeye said while Section 131 of the 1999 Constitution provides that a candidate must be educated up to at least secondary school to be able to vie for the presidential election, Section 137(j) also indicates that a candidate can be disqualified from seeking the election if he submits a forged certificate to INEC, adding that those who drafted the constitution knew that “you have to submit an evidence of qualification, that is why Section 137 talks about forged certificate.”

He added that “people like Abayomi should not say that because they have an interest, they would defend a candidate without certificates. They should not lay a dangerous precedent whereby some persons with questionable certificates would start contesting elections and claim that they don’t need to show us their certificates.

“It is very compulsory that he presents his certificates, otherwise, how are we going to prove that he was educated to the school certificate level or its equivalent. The constitution is very clear in Section 131, he must be educated up to school certificates. If he doesn’t show any proof, how are we going to know he is qualified?”

The minister added that if Buhari did not have certificate to show, he should voluntarily withdraw from the presidential race.

“He is a former head of state and I am sure that when he served as head of state, the first thing he would ask anyone he wanted to recruit is the certificate.

“Is he telling us that if he becomes president, people will not need certificates to be appointed to offices? As a leader, he must lead by example,” he added.

Adeyeye stated that the burden of proof of certificate or qualification could not be on INEC, adding that Buhari could, as well, have obtained a Certified True Copy (CTC) of his certificates if he has any to show.

The controversy over Buhari’s certificates erupted following his decision to submit an affidavit sworn to in an Abuja High Court, indicating that his certificates are with the military.

Buhari had stated in the affidavit that: “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.”

A competent source at INEC said the affidavit deposed to at the Federal Capital Territory, FCT, High Court, Abuja and dated November 24, 2014, was stamped and received at INEC headquarters on December 18, 2014.

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