Justice for Atiku today, would mean injustice to Jonathan in 2015 — Fani-Kayode

Jonathan sought for Buhari's disqualification in 2015 over lack of certificate.

It is the conclusion of a process which began following the controversial outcome of the February 23rd presidential election. To many, it is the judgment day Nigerians would finally know who their true president is as the Tribunal decide between president Mohammadu Buhari of the ruling All Progressives Congress, APC, and Alhaji Atiku Abubakar of the opposition party PDP.



While Nigerians await the final judgment which should happen today Wednesday 11 September, 2019, Nigerians belonging to the opposition camp are hopeful that justice would be done and that their stolen mandate would finally be retrieved.

On the other hand, the ruling party and president Mohammadu Buhari appeared confident that the Tribunal will upheld his victory in the recently presidential election despite the odds being heavily in favor of the petitioner. The President's confidence is seen by critics as a sign of a compromised judiciary, and won't be surprised if "people's choice Alhaji Atiku Abubakar is robbed for a second time.


But what if the judgment goes in favor of PDP's candidate in the February 23rd presidential election? What would that mean for the country, and the outcome of 2015 presidential election where the Jega led INEC declared Buhari the winner against President Goodluck Jonathan of the PDP?




One of Atiku's strongest arguments in his petition against Buhari at the tribunal, is the President's lack of school certificate which renders him unqualified to contest for election in the first place. The President's inability to defend himself without any reasonable doubt, and the recent revelation by Lai Mohammed that the president does not even know the whereabouts of his WAEC result, seem to strengthen the petitioner's case that Buhari indeed, was unqualified to run for the number office in the country.



A victory for Atiku today while a welcome development that indeed a seating president can be sacked by a competent court for the first time in Nigeria's history, it would also mean former president Goodluck Jonathan was denied of justice back in 2015 when he seek the disqualification of Buhari for similar reasons.

Prior to the 2015 presidential election, Femi Fani-Kayode who was the spokesperson, for the Jonathan campaign team, accused the Independent National Electoral Commission, INEC, of deliberately allowing Mr. Buhari to contest the 2015 election even after he has ‘failed’ to meet the basic educational qualification required to run.



According to a 2015 report published by Premium Times, Buhari had submitted a sworn affidavit at a Federal High Court, FCT, High Court Abuja to the effect that all his academic qualifications were with the Secretary of the Military Board. Lai Mohammed who at the time was the spokesman for the APC, said Mr. Buhari lost original copies of his credentials when his house was raided while he was in detention; and that he had been using court affidavits since then.


In a chat with the Leadership, Lai said, “General Muhammadu Buhari was in detention for over three years; while in detention, captors raided his residence and vandalised his property including certificates and diplomas; and that consequently, after his release, whenever the General is asked about his academic qualifications, he would refer such bodies to the Military Command, who has his service records including his academic certificates.”

But excuses offered by the APC spokesman was not considered as valid by Jonathan’s campaign team.



“Academic qualification is a threshold issue that cannot be waived for any citizen no matter how highly-placed and irrespective of whichever region such individual comes from except as provided by the constitution,” Mr. Fani-Kayode said.

The former minister cited Section 131 of the Nigerian constitution which states that: “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 School certificate level or its equivalent.”



Mr. Fani-Kayode said section 131 (d) is a specific directional order for all candidates to show proof of education up to a minimum standard not below school certificate or its equivalent.

“But from what INEC has published, Buhari has not submitted any personal particular of minimum school leaving certificate for the 2015 election and, shockingly, from INEC documents displayed in all constituencies, he also did not submit anything in 2011 and never referred the electoral umpire then to the Secretary of the Military Board as well as previous elections he contested as evidenced in all available INEC records until this current discovery.


“If the constitution did not require proof, it would not specify a minimum,” he said.

The former Minister of Aviation added that the current Electoral Act directs that proof of educational qualification must be sworn to by each candidate at a Court under Section 31 (ii) to (v).

He noted that for elections to the office of the president and for the purpose of display of particulars of candidates for all presidential elections, the entire country is taken as one constituency.


 “Nigerians that have perused the affidavit of nomination as submitted by General Buhari and as published in all INEC offices, as well as the copies of his similar INEC documentations for 2011 election, could see clearly that General Buhari who claims to be a man of integrity has not been true to Nigerians.

“It can be seen, as indicated in section 31(6), that there are reasonable grounds to believe that a false deponent was declared in the affidavit where it indicates that all documents relating to the personal particulars of General Buhari are with the Secretary of the Military Board,” he said.



He said in the form he filled for the 2015 election, Mr. Buhari referred INEC to the Military Board for copies of his educational qualification, even after Section C of the form states that candidates should “attach evidence of all educational qualifications.”

He also said it was curious that Mr. Buhari did not refer INEC to the military board in 2011.


Mr. Fani-Kayode said the military board like any other body does not keep or retain original copies of personal particulars of individuals such as birth certificates, passports, and academic credentials of any personnel, especially retired personnel after over 3 decades.

“It must be stated that INEC erred in law by publishing the name of a candidate without receiving the personal particulars of the candidate within 7 days of receiving his nomination forms as indicated in section 31(3),” he said.




“This is indeed a tragedy illustrating what Nigeria has become, that an individual is so powerful that the law has to be ignored to accommodate him.

“Certainly, INEC printed nomination forms or High Court affidavits are, in no way or by any stretch of definitions, the same as personal particulars such as school leaving certificate.”


The former aviation minister said the Jonathan campaign is convinced that Mr. Buhari “is not qualified to contest the 2015 presidential election.” Yet Buhari went on to contest and was eventually declared winner.

Should Atiku be declared winner today, what then would become of the former president's plea in 2015?