MR BUHARI AND THE INVALID PERJURY

I do not know why people cry over Buhari's non-existent WAEC Certificate. Section 131 of the Constitution of the Federal Republic of Nigeria as amended provides:

131. A person shall be qualified for election to the office of President if—
(a) he is a citizen of Nigeria by birth ;
(b) he has attained the age of forty 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 the School Certificate level or its equivalent.

Section 318 of the Constitution of the Federal Republic of Nigeria as amended states:

"School Certificate or its equivalent" means—
(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;

The above definitions show that Buhari is definitely qualified to contest for President one way or the other. Therefore, any pre-election matter on qualification to contest for President cannot arise to stop him. The Courts cannot hold that Buhari is not qualified to contest for President. So, that contention falls through, UNDER NIGERIAN METHODS OF DOING THINGS.

On the question of Buhari lying under oath about his WAEC Certificate (ie Perjury allegation), we can even assume that Buhari committed perjury by claiming that he had WAEC Certificate. So,  assuming Buhari committed perjury, the Courts are not permitted by law to inquire into the allegation of perjury on a sitting President of Nigeria. Section 308 of the Constitution of the Federal Republic of Nigeria as amended bars the Court from entertaining criminal prosecution or suit against a sitting President. So the issue of perjury falls through as well.

The thing is, as far as legality is in issue, Buhari cannot be validly removed by any Courts in Nigeria on the pre-election matter of School Certificate level attainment and perjury. This is because he has the "Certificate" one way or another on the authority of section 318, even if he never attended a primary school in his life. His lying about having a WAEC Certificate is perjury that can only be tried in 2023 after he shall have left office. And in the characteristic manner of Nigerians, nobody would care to remember to try him in 2023.

The burning issue is whether Buhari is qualified to contest for President according to our Constitution, and not whether he lied about WAEC Certificate. We can see from the above elucidation that he is qualified. The issue of lying under oath is for the Courts to decide later in 2023 or for the National Assembly of Nigeria to decide on an immediate impeachment proceeding if there is an inclination for an immediate action.

Those who want an immediate action on Mr President should talk to their National Assembly representatives, not the Electoral Tribunal.

Awkadigwe Fredrick Ikenna 2019
awkadigweikenna@gmail.com
08039555380