The Independent National Electoral Commission (INEC) 's publication of the credentials submitted by candidates for the 2027 presidential election has once again revived one of the most contentious constitutional questions in Nigeria's democratic history. It is not a debate about who possesses the highest academic qualification. Rather, it is a debate about whether constitutional requirements can be substituted with assumptions.
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| Prof Josh Amupitan INEC Chairman |
Section
131(d) of the Constitution of the Federal Republic of Nigeria, 1999 (as
amended), provides that a person shall be qualified for election to the office
of President if he "has been
educated up to at least School Certificate level or its equivalent."
Those
fourteen words are neither accidental nor ornamental. They represent the
minimum constitutional threshold deliberately chosen by the Constitution's framers. The Constitution did not require a Bachelor's degree, a Master's
degree or even a doctorate. It required education up to School Certificate
level or its equivalent. That distinction is fundamental.
Following
INEC's publication of candidates' credentials, public attention has focused on
the documents accompanying President Bola Ahmed Tinubu's nomination. While a
Bachelor of Science degree from Chicago State University and National Youth
Service Corps records were included, questions have been raised about whether
documents demonstrating education up to School Certificate level or its
equivalent were also submitted or publicly displayed.
This
is where constitutional interpretation becomes important.
One
school of thought argues that possession of a recognised university degree
necessarily presupposes earlier educational qualifications. According to this
reasoning, anyone admitted into a university must already have satisfied the
minimum educational requirements, making the production of secondary school
records unnecessary.
Another
school of thought insists that constitutional compliance is not founded upon
assumptions but upon documentary evidence. If the Constitution specifically
identifies School Certificate level or its equivalent as the qualifying
standard, then the documents presented should demonstrate compliance with that
specific constitutional requirement rather than invite the public to infer it
from a later qualification. The distinction is not merely technical.
Constitutions
exist precisely because democracies cannot operate on presumptions where
explicit legal provisions exist. If constitutional requirements could simply be
replaced by higher qualifications without demonstrating compliance with the
specific standard prescribed by law, then the express language of Section
131(d) would become largely redundant. This debate is bigger than President Bola
Tinubu.
It
concerns every future presidential candidate and every Nigerian who believes
constitutional provisions should be interpreted according to their plain
language unless a competent court rules otherwise.
The
publication of candidates' credentials by INEC serves an important democratic
purpose. It enables citizens to scrutinise the qualifications of those seeking
the nation's highest office and, where legitimate questions arise, to seek
clarification through the legal and constitutional processes established by
law.
Transparency
strengthens democracy. Silence weakens it.
If additional educational documents
demonstrating compliance with Section 131(d) were submitted but not displayed,
INEC should clarify the position in the interest of public confidence. If questions remain, they are
matters capable of being tested through the constitutional mechanisms available
to interested parties.
Ultimately,
the issue is not whether President Tinubu possesses impressive academic
credentials. Nor is it whether a university degree is academically superior to
a secondary school certificate. The real question is whether the constitutional
requirement has been demonstrated in the manner the law contemplates.
In
constitutional democracies, fidelity to the Constitution is more important than
convenience. Public confidence depends not only on the outcome of elections but
also on the integrity of the qualification process that precedes them.
The
Constitution is supreme. Every citizen, every institution and every aspirant to
public office is subject to it. The debate over Section 131(d) should therefore
be resolved not through political rhetoric but through transparent evidence
and, where necessary, authoritative judicial interpretation.
That
is how constitutional democracy is strengthened.
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