Tinubu Meets Constitutional Qualifications for President, But Focus Shifts to “INEC Diploma” Disowned By CSU

Alex Enumah in Abuja

President Bola Tinubu’s certificate crisis cum the eligibility question to run for the office of the president does not appear an issue that would go away anytime soon. Even after the Supreme Court must have made a pronouncement in the case – either for or against – the matter now has a life of its own.

A recent deposition by the registrar at the Chicago State University (CSU), Caleb Westberg, which though confirmed that Tinubu was a graduate of the institution, and added that the certificate he presented to the nation’s electoral body, the Independent National Electoral Commission (INEC), did not generate from it, might have set the tone for a new conversation altogether.

Yet, it appears the debate has returned to the basics, which is the basic qualifications for a person aspiring to become the president of Nigeria, as part of the argument being advanced in the case of Mr. Tinubu.

Section 131 of the Constitution of the Federal Republic of Nigeria states 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 35 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.”

Although Tinubu’s foundational educations – primary and secondary schools – have not been excused from the scandal that had lasted over two decades, the assumption that he might have attended both is believed could enhance his case at the Supreme Court.

Interestingly, Tinubu had told INEC in June 2022, preparatory to the 2023 general election, that he neither attended a primary nor a secondary school and that the two university degrees he had were stolen by unknown soldiers whilst he was  on exile abroad.

Therefore, while the basic educational qualification of primary or secondary school was missing, the seeming alternative for the former governor of Lagos State, which is the university degree, has since been consumed by an unending controversy.

To that extent, the one thing the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, is taking with him to the Supreme Court is the alleged forgery of the Chicago State University Diploma Certificate Tinubu submitted to INEC.

Section 137 (1) of the constitution states that, “A person shall not be qualified for election to the office of the president if:

“(j)he has presented a forged certificate to the Independent National Electoral Commission (INEC).”

Atiku had in his application for an order of mandamus compelling the CSU to release information regarding Tinubu’s record, argued that Section 137 (1)(j) of the Nigerian Constitution (amended in 2010) specifically stated that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”

But Tinubu, despite claiming loss of his university degrees, had last year attached a copy of his Chicago State University diploma certificate said to have been obtained in 1979, as part of his academic requirements for the office of President of Nigeria.

However the university has said on oath that it did not issue this certificate.

The former Vice President has however alleged it was forged, and therefore held the position that the president was unfit to continue to occupy the office.

But in a counter move, the presidency, yesterday, clarified that the certificate submitted by Tinubu to INEC was authentic and not forged as being insinuated in some quarters.

Senior Special Assistant on Media and Publicity to the President, Temitope Ajayi, in a reaction said the Chicago State University (CSU) confirmed that the president didn’t submit a fake result to INEC.

He noted that CSU affirmed under oath that Tinubu attended and graduated from the institution and that the school did not handle replacements for lost certificates.

According to him, there was no iota of truth in the forgery claim, adding that no person could forge a certificate he already has.

Posting on his X account, Ajayi wrote: “We should be clear. In the deposition made by the Chicago State University, there was nowhere the University said the certificate presented to INEC by President Tinubu is fake.

“The University insisted under oath that President Tinubu graduated with honours and even at that, replacements for lost certificates are done by vendors not the University.

“The claim that President Tinubu submitted fake certificate to INEC does not make sense. A man cannot forge the academic records he possesses. You can only forge what you don’t have.”

Over all, Section 131 of the Constitution stipulates that a person aspiring to the office of President of Nigeria, besides being a citizen by birth, must be up to 35years old; belong to a political party and “must be educated up to at least school certificate.”

In addition, Section 308 explained that education to school certificate level means the possession of a secondary school certificate or its equivalent, grade II teacher certificate, educated up to secondary school, possession of primary school certificate, service in the public sector, attended courses and ability to read and write.

Given the above sentiments, Tinubu’s eligibility in terms of his education may no longer be the real deal as much as the allegation of forgery. After all, he can read and write efficiently, and had served as governor of Lagos State for eight years, in addition to his stint at the senate in 1992.

These, without a doubt, might have addressed his qualification concerns. But on the allegation of forgery, the jury is still out and all eyes are on the Supreme Court.

How Supreme Court Ruled on Cases Bordering on Forgery in the Past

Some of the cases bordering on certificate forgery which the apex court had taking decisions on of recent include that of Bayelsa State in 2020, where the election of candidate of the APC in the 2019 governorship election, David Lyon, was nullified a day to his swearing-in on account of alleged certificate forgery by his deputy.

Lyon was declared winner of the election but the Supreme Court sacked him on the grounds that his running mate, Degi-Eremienyo, presented forged documents to the Independent National Electoral Commission (INEC).

The APC asked the apex court to review its decision sacking Lyon but the court struck out the application.

Another incident was in 2017, when the apex court affirmed the judgment of the Federal High Court in Abuja sacking Mr. Christian Abah as a member of the House of Representatives representing Ado/Okpokwu/Ogbadigbo Federal Constituency of Benue State.

The apex court in the unanimous judgment delivered by Justice Sidi Bageh, affirmed the verdict of the Federal High Court, Abuja, and held that criminality such as certificate forgery must not be allowed to continue to “contaminate” the nation’s polity.

An example of the apex court decision on qualification is the petition of Alhaji Atiku Abubakar against the election of former President Muhammadu Buhari where, the apex court upheld the judgment of the presidential tribunal which held that President Buhari was eminently qualified to contest the February 23 presidential poll.

Justice John Okoro in the judgment delivered in 2019, said that the issue of qualification is a constitutional one that is not open to conjectures or inferences.

Citing sections 131 and 318 of the constitution, the apex court held that Buhari was able to prove that he possessed the minimum academic qualification, which is education up to secondary school level, adding that mere attendance in a school up to secondary school level qualifies one to contest for the office of President of Nigeria.

According to the judgment exhibits such as group photographs of Katsina Secondary School, Cambridge University Assessment, West African Examination Council (WAEC) results amongst others point to the fact that Buhari was educated up to secondary school level.

While noting the appellants failed to prove that these certificates were forged, Justice Okoro held that no law in the country, whether the constitution or the Electoral Act requires a candidate to attach his certificate before he can be adjudged qualified to contest an election.