The resounding victory of Asiwaju Bola Ahmed Tinubu at the Presidential primaries of the All Progressives Congress has come with a lot of reactions — some with exceeding joy; some others with disappointment. Whilst Asiwaju Bola Ahmed Tinubu — acronymically referred to as “BAT” — continues to play his game for the Presidency, his political opponents and supporters of his political opponents are unrelenting in their political and legal attacks on him. Fear not, Asiwaju!

In filling his form submitted to the Independent National Electoral Commission, Asiwaju Bola Ahmed Tinubu skipped information regarding his primary and secondary education in the INEC form. He however said he attended University of Chicago between 1972 and 1976, where he obtained B.Sc in Economics. According to a Daily Trust report, he further stated that he “went on self exile from October 1994 to October 1998 (and) when I returned and discovered that my property including all the documents relating to my qualification and my certificates in respect of paragraph 3 above were looted by unknown persons”. This therefore means that Asiwaju was unable to attach his certificates while submitting his forms to INEC. Is this in line with the law?

As usual, die-hard critics of Asiwaju Bola Ahmed Tinubu and concerned Nigerians alike have taken to social media to air their opinions concerning the failure of Asiwaju to state his primary and secondary school and also his failure to produce his certificate. What then is the opinion of the law?

Godfrey Okay Achike JSC (as he then was) in the celebrated case of Abacha & Ors v. Fawehinmi (2000) LPELR-14 (SC) said: “the Constitution is the supreme law of the land; it is the grundnorm”. Section 131 (d) of the Constitution of the Federal Republic of Nigeria, 1999, states thus: “A person shall be qualified for election to the office of the President if he has been educated up to at least School Certificate level or its equivalent”.

Does the failure of Asiwaju Bola Ahmed Tinubu to fill the primary and secondary schools he attended amount to a contravention of Law? Does his failure to produce his certificate from the University of Chicago run contrary to the law?

It is clear and unequivocal from Section 131 (d) of the constitution that, in so far as a person running for the office of a president is educated up to School Certificate Level, its equivalent, or higher, such person is qualified to run for the office of the President. Therefore, having stated that he obtained a B.Sc from the University of Chicago, Asiwaju is qualified to run for the office of the President. This is because a B.Sc is obviously not a degree below the School Certificate Level as enshrined in the constitution.

Must Asiwaju Bola Ahmed Tinubu tender his certificate to be qualified?

Recall that, the presidential candidate of the People’s Democratic Party, Alhaji Atiku Abubakar, who was also the presidential candidate of the PDP in the 2019 election, had also instituted an action against INEC and Buhari regarding this issue of a certificate. Amiru Sanusi JSC in the case of Atiku Abubakar & Anor v. Independent National Electoral Commission & Ors LOR (15/11/2019) SC stated inter alia that: “…obtaining a certificate is not a condition precedent contemplated by the provisions of section 318 of the Constitution (as amended)”. As such, it is crystal clear that it is not a constitutional requirement for a person contesting for the office of the President to tender his certificate.

Asiwaju Bola Ahmed Tinubu’s legal team is presumably not oblivious of the position of the law on this issue. While there are alarums and excursions of illegality surrounding Bola Ahmed Tinubu’s qualification for the office of the president, the law is clear, Bola Ahmed Tinubu is flying right!

Olakunle “Cardinal” Bamisile is a student at the prestigious faculty of law of the Lagos State University, and may be reached via bamolakunle003@gmail.com and 07087263472.