Buhari’s eligibility: Recourse to constitutional provision (2)

CONTINUED FROM LAST WEEK

THE combine effect of the 4th, 5th, 7th, 12th and 15th principles as enunciated in Elelu v AG (Fed) (supra) is supported by plethora of cases which give credence to the eligibility or otherwise of Buhari. In Amadi v INEC (2012) ALL FWLR (Pt 621) 1415 @ 1432 R 7, the Supreme Court describes the constitution as the grundnorm, a supreme law which spells out how the people would be governed and sets up institutions for good government. In PDP v Okorocha (2012) ALL FWLR (PT 626) 449 @ 462 R11, the apex court said that where the words of the constitution are clear and unambiguous, there is no need to give them any other meaning than their ordinary, natural and grammatical construction would permit, unless that would lead to absurdity or some repugnancy or inconsistency which the rest of the constitution. Nothing is to be added or taken from the statute unless there are adequate grounds to justify the interference that the legislation intended something which it omitted to express.

    In Nigerian Army v Aminu – Kano (2010) 2Scm, 128 @ 133, the Supreme Court emphasized that status on the same subject matter are read together to get the true intention of the legislature. Such statutes are read, construed or applied together so that the intention of the legislature is discovered from the whole set of enactments on the same subject matter.

    Similarly in R v Loxdale, Lord Mansfield said “where different statutes deal with the same subject matter even when made at different times, expired, or not referring to each other, they shall be taken and construed together, as one system and as explanatory to each other (SS.131 & 138 CFRN simpliciter).  See also Nyame v FRN (2010) 4scm 61 @ 70 R.12.

    Challenge to Buhari’s eligbility? A perusal of S.131 (d) without recourse to S. 318 of the extant constitution brings to bear the intellectual hollowness and narrowness of an average commentator. For example it may sound ridiculous and shocking that school certificate or its equivalent means any of the following; a. A Secondary School Certificate or its equivalent or Grad II Teacher’s Certificate, the City and Guilds Certificate or b. Education up to Secondary School Certificate or c. Primary Six Leaving Certificate or its equivalent. 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 (10) years. Viewed against this provision, General Muhammadu Buhari had served Nigeria as Military Governor, Petroleum Minister, Head of State and Chairman, Petroleum Task Force under late General Sani Abacha. These lengths of service undoubtedly and eminently qualify General Buhari (rtd) to run for the Presidential poll on 14th February 2015.

ii.  On attendance at courses and training in such institutions as may be acceptable to INEC, for periods totaling up to a minimum of one year. 

In answer to this constitutional puzzle, General Buhari (rtd) had attended Military School (later transformed to the Nigerian Defence Academy whose qualification was equivalent to the Higher School Certificate) and several senior officers training outside Nigeria, making him reasonable eligible to contest the 14th February 2015 general election. iii. On the ability to read, write, understand and communicate in the English Language to the satisfaction of the Independent National Electoral Commission, the All Progressives Congress Presidential hopeful has demonstrated an appreciable mastery of the use of English to the satisfaction of both INEC and Nigerians.

    Conclusion: In view of the above discourse, it has become imperative that Ss 131 & 138 are politically and constitutionally innocuous and ambivalent, an immediate assignment for the in-coming members of the National Assembly by way of constitutional amendment/reform. To halt this unnecessary debate, Nigerian politicians and commentators on public issues would do well to be in possession of the Nigerian constitution, study it and keep themselves abreast of frequent amendment (if any) made to it. For now, Nigerians should be cautious on the need for all and sundry to avoid things that would tend to make them odious. Nigerians need campaign based issues by respective dominant parties as General Muhammadu Buhari is constitutionally and eminently qualified to contest the forthcoming election.

 • Robert Omote is a Benin-based legal practitioner