Atiku, Tinubu and CSU certificate saga

There was uneasy calm in the nation’s politics last week. This followed the release of President Bola Tinubu’s certificate by the Chicago State University, CSU, to the presidential candidate of the Peoples Democratic Party, PDP, Atiku Abubakar. Atiku obtained the order for the release by an American court of northern Illinois in his fierce legal battle to probe the academic qualification of Tinubu who won the February 25  Nigeria’s presidential poll. 

Tinubu had supplied certificates from CSU, to the Independent National Electoral Commission, INEC, to secure eligibility to participate in the election. The America court had ordered CSU to release Tinubu’s academic records for verification and in support of Atiku’s petition challenging the result of the 2023 presidential poll. Justice Nancy Maldonado dismissed the objection by Tinubu against Atiku’s request and expressly ordered that the CSU must submit the academic records to Atiku. Thus, the school released the documents on Monday night.

Atiku had sought through his lawyers:

An example of a CSU diploma issued in 1979, Tinubu’s diploma issued in 1979.

Any example of a CSU diploma that “contains the same font, seal, signatures and wordings” as Tinubu’s diploma issued in June 1979. CSU documents certified and produced by Jamar Orr, an associate general counsel at CSU at the time.

Atiku also wants his lawyers to depose CSU officials about the authenticity of Tinubu’s academic documents. It is believed that, the former vice president is planning to transfer the new evidence to the Supreme Court in the ongoing election petition case. Attempt by Atiku to slam certificate forgery charges against the president in his case instituted at the presidential election tribunal court was dismissed and Tinubu’s victory in the February 25 presidential election was affirmed.

With Atiku’s new evidence against Tinubu, all eyes will now shift to the Supreme Court. The question is: will the apex court uphold the PETC verdict, affirming Tinubu’s victory and dismiss Atiku’s case, or will Atiku secure victory? This answer to this question lies with the Supreme Court. Section 131 of Nigeria’s constitution explicitly states the educational requirements to contest election in the country. According to the section, “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.”

Candidates contesting election to other elective positions must also possess a similar qualification. This is in view of the prescription in other provisions of the constitution that candidates to elective positions must have been educated up to at least school certificate level or its equivalent. Section 177 (d) prescribes that candidates contesting election into the office of state governor must have been educated up to at least school certificate level  or its equivalent. 

By virtue of Section 142(2) and 187(2) the provisions on educational qualification of president and state governors apply to the vice president and deputy governors, respectively. Section 65(2) (a) and 106(c) of the constitution prescribes that candidates contesting elections as National Assembly and state houses of assembly members, respectively, must also have been educated to at least school certificate  level.

Nigerian politicians had faced serious legal battle on the authenticity of their certificates since the return of democracy. For instance, the immediate past President Muhammadu Buhari, in 2015, came under spotlight over allegation of lack of school certificate. It was Buhari’s former school which testified and cleared him of the allegation. 

In 1999, Kano born politician, Salisu Buhari, who was the speaker of the House of Representatives had to resign over allegation certificate forgery from Toronto University, USA. It is on record that many politicians had their election upturned in court for certificate forgery and other related electoral offences. Those who want to lead us must be trustworthy. Dubious characters who forge their school certificates, falsify age or rig their way to power must be shown the way out. They should not be entrusted with leadership.

No doubt, the appellants will move their battle to the Supreme Court in the next few days. President Tinubu should defend the allegations against him with great conviction. Also, Atiku Abubakar needs to prove his allegation beyond reasonable doubt. However, the onus lies on the Supreme Court to deliver unbiased or impartial judgement. Their judgement could make or mar the country’s fledgling democracy.

Ibrahim Mustapha,

Pambegua, Kaduna state

08169056963.