A Federal High Court in Abuja has adjourned all the suits challenging Muhammadu Buhari’s eligibility until April 22 and 23. Naij.com guest author Bayo Olupohunda on possible reasons for postponing the “Buhari eligibility suit” until after the election, and the inextinguishable APC-PDP rivalry.
It is four days to one of the most important elections in Nigeria’s history. But the possibility of the APC’s Muhammadu Buhari, a leading opposition candidate in the presidential election, emerging as president is hanging on a thread.
Some observers have already pointed out that, by adjourning the suit on Buhari’s certificate till April 22 and 23, a clear three weeks after the March 28 election, those working to deny Buhari’s right of becoming the first opposition candidate to rule in Nigeria’s democracy have another joker up their sleeve.
The above reasoning might sound more like a conspiracy theory. But how, then, can you explain the adjournment of the “certificate suit” until after the election? What is the relevance of the adjournment? Why wasn’t the issue struck out completely?
Are the “certificate suit” promoters waiting to use the court again to stop Buhari’s swearing in?
Many Nigerians consider “the certificate issue” to be one of the many antics of the ruling PDP to make sure Buhari does not cause problem for the incumbent President Goodluck Jonathan, as the two candidates are running neck and neck.
It was curious enough that the suit filed three months ago would come up on the eve of an important election. Those pushing for Buhari certificate to be an issue have apparently realized that a disqualification before election may cause chaos and mar the conduct, and, therefore, reasoned it would be better to wait until after election to strike again.
For those who are not aware, the suit that was supposed to be determined today was first filed on January 26, 2015, by Chukwunweike Okafor, a lawyer, who asked the court to declare Buhari ineligible to contest over his alleged failure to submit his school certificate along with his Form CF001 to the INEC.
He argued that Buhari’s failure to submit his school certificate contravened provisions of sections 131 and 318 of the 1999 Constitution, and section 31(3) of the Electoral Act, 2010. Okafor is urging the court to hold that Buhari’s claim in his Form CF001 that his West African school certificate was with the Nigerian army is false, thereby disqualifying him.
Currently, there are about 10 suits instituted against Buhari’s eligibility to participate in the presidential election. In spite of the controversy that has surrounded the certificate saga, the Federal High Court in Abuja, under Justice Ademola, seems poised to conduct the hearing even after the election have been concluded — a situation that now appears bizarre.
Given that there are just few days left to the presidential election, given the latest court adjournment, the issue of Buhari’s certificate will continue to generate controversy. Grapevine telegraph is suggesting that the PDP, jittery of defeat, are using every means to stop Buhari from assuming the presidency.
Responding to a question in January, candidate Buhari dismissed a growing fear that the issue bothers him. He said: “Well, I am not surprised. This is Nigeria. If people are serious about this issue, they ought to have listened to the legal adviser of the Independent National Electoral Commission. This is the first time the INEC by law has got those documents, and they said they have got them. So, anybody who has any different view should go to court.”
Those who seek to disqualify Buhari say he is ineligible to be a candidate because he has failed to render his school certificate examination result — a basic requirement to be a candidate in the election. In response, Buhari’s camp released his Cambridge School Certificate result. But the doubtful ones refused to be pacified. They questioned the name difference in Mohammadu and Muhammed. At a point in the controversy, Buhari had adduced the reason why he did not submit his result to he INEC. In an affidavit, he said: “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 military institution denied being in possession of the certificate. But this denial is offbeat to me. To claim that a man who rose through the ranks to become a general does not have a certificate beats the imagination. Another bone of contention also bothered on the subjects taken at the time the examination was written. Buhari’s detractors questioned the listing of the Hausa language as a subject in the examination. But Cambridge did indeed confirm that not only was a Buhari a candidate in the examination, Hausa was also listed as a subject.
As the controversy rages, Buhari has explained that he attended the Provincial Secondary School, Katsina, with many Nigerians who eventually rose to prominence, like the late General Shehu Yar’Adua, former chief of staff at the Supreme Headquarters, and Justice Umaru Abdullahi, former president of the Court of Appeal. Buhari has also claimed to have sat for the 1961 University of Cambridge/WASC examination (with the examination number 8280002), which he reportedly passed in the second division.
Why has the issue refused to go away? Many Nigerians, including the APC camp, believe the ruling party PDP is behind the attempt to rubbish Buhari and stop him from giving Jonathan a run for his money. Given that Cambridge has confirmed Buhari as candidate in examination; given also that he also released his statement of result, why the insistence to disqualify him? His detractors said for failing to submit his result to the INEC, he stands disqualified. They also cited the fact that he committed perjury by alleging that his certificate was with the military.
What I find odd is that Buhari has been a perennial candidate for the opposition. He contested for the presidential elections in 2003, 2007, 2011, and is now running in 2015. Why was the issue not brought up in all the years he has been a candidate? He has contested for a record three times before now, why was the certificate thing not an issue? If, indeed, Buhari did not submit his certificate before, a basic requirement of the law, does that not point to flaws in the system?
On the other hand, why all the fuss if the possession of a school certificate is a basic requirement, and Buhari has shown evidence of being a certificate holder — a claim confirmed by Cambridge? Let’s just hope the ongoing court proceeding is not an attempt to cause disruption in the electoral process and stop Buhari from being sworn in case of his victory. We have seen how injunctions and court judgement procured through the “backdoor” almost marred the 1993 election. Already, the APC has raised concern that the ongoing court case is an attempt by the PDP to scuttle Buhari’s ambition. Is the claim true?
It will be interesting to see how the APC responds to the latest development. The coming days are poised to be action-packed Nollywood tragicomedy.
Nigerians are waiting for the outcome of Buhari’s “court saga” with baited breath. For now, at least, they can be sure that Buhari will be on the ballot on March 28.
Bayo Olupohunda, a renowned Nigerian educator and columnist
The views and opinions expressed in this article are solely those of the original author. These views and opinions do not necessarily represent those of Naij.com, its editors or other contributors.
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