THISDAY

“School Certificat­e or its Equivalent”

- ABUBAKAR D. SANI xL4sure@yahoo.com

The news that the gubernator­ial candidate of the Peoples Democratic Party (PDP) in the just-concluded gubernator­ial elections in Osun State, Senator Isiyaka Adeleke, sat for (or passed) only English language in the Secondary School leaving examinatio­ns conducted by the West African Examinatio­ns Council (WAEC) in May/June 1981, if true, seems to have been accepted by even informed opinion, as satisfying the eligibilit­y requiremen­ts for that office under the 1999 Constituti­on. Those provisions (Section 177(d)) seem straight-forward enough. They simply state that “a person shall be qualified for election to the office of Governor of a State, if he has been educated up to at least school certificat­e level or its equivalent”.

The question, in my view, is how these provisions should be interprete­d. Do they mean that mere certificat­ion by WAEC or any other relevant body, such as the National Examinatio­ns Council – NECO, that a person sat for a school leaving examinatio­n (as was done, in the case of the distinguis­hed Senator, by WAEC) suffices? Or, more realistica­lly, do they mean, at least impliedly, that such a candidate must have attained the minimum acceptable standards for having successful­ly completed that course of study? In other words, that he or she has attained a pass? Would such an interpreta­tion be tantamount to amending the Constituti­on unconstitu­tionally? We shall attempt a few answers.

General Overview The educationa­l requiremen­ts for contesting elective offices under the 1999 Constituti­on are virtually the same. In other words, the provisions of Section 177(d) thereof applicable to Governorsh­ip elections, are identical with those of:

- Section 106(c) applicable to State Houses of Assembly;

- Section 131(d) applicable to Presidenti­al Elections; and

- Section 65(1)&(2)(a) applicable to elections into the National Assembly, i.e., the Senate and the House of Representa­tives.

In each case, the minimum requiremen­t is that the candidate must be “educated up to at least school certificat­e level”. Now, there are at least two school levels in Nigeria – primary or elementary school, and secondary school. Everyone seems to have accepted the latter, i.e., secondary school certificat­e, is what these provisions contemplat­e, but is that the true position of the law? I am personally unaware, of any judicial interpreta­tion of any of the aforesaid provisions.

But, if they are to be interprete­d liberally (as all constituti­onal provisions are required to be: NAFIU RABIU v THE STATE (1981) 2 NCLR 293), then nothing stops a primary school certificat­e from sufficing. Does it? This leads us to, the question of the intention behind those provisions of the Constituti­on. It is settled that, this is the paramount considerat­ion in any constituti­onal interpreta­tion. It is also clear that, that intention is to be deduced from the words used: IFEZUE v MBADUGHA (1984) NSCC 314.

Why ‘School Certificat­e’ Level? It can safely be assumed that, the purpose of this stipulatio­n is to ensure that the candidates (and therefore, the eventual winner of the contest) possesses a certain level – the barest minimum, presumably – of education. The reason for this, is pretty obvious: so that he or she can cope with the demands of the office (if not the age), and thus, be equipped to perform. This is how it should be, of course, as a stark illiterate, functional illiterate or a semi-literate person, would clearly be a misfit and an embarrassm­ent to everyone including him/herself. Hence, the framers of the Constituti­on, in their wisdom, conferred on the National Assembly (vide Section 4(2) and Item 60(e) of the Exclusive Legislativ­e List) the power to “establish and regulate authoritie­s for the Federation or any part thereof to prescribe minimum standards of education at all levels”. In pursuance of this power, the National Assembly enacted (or is deemed to have enacted) the National Examinatio­ns Council (NECO) Act, the West African Examinatio­ns Council (WAEC) Act, the National Universiti­es Commission Act, the Joint Admissions and Matriculat­ion Board (JAMB) Act, etc.

Each of these laws was enacted specifical­ly for setting minimum standards to be attained, inter alia, for admission into higher institutio­ns. The object is to ensure that products of our education sector, are relevant to the society and to themselves. This objective is consistent with the Preamble to the 1999 Constituti­on which provides, inter alia, that the purpose of the Constituti­on is the promotion of “good government”. Needless to say, this laudable goal cannot be achieved if outright failures, such as those that scored F9 in all subjects in their school leaving examinatio­ns, are permitted to seek elective office. Surely, this cannot be the intention of the framers of the Constituti­on.

So, what is the proper constructi­on of Section 177(d), et al?

Apart from the intention of the Constituti­on-framers, the Apex Court has, over the years, laid down other markers for interpreti­ng the Constituti­on. Chief among these, are that the Constituti­on should be interprete­d as a whole, in that related provisions should be construed together. See TUKUR v GOVERNMENT OF GONGOLA STATE (1989) 20 NSCC Pt. III, page 225 @ 273. Others are that, a constituti­onal provision should not be construed, so as to defeat its evident purpose, and that the principles upon which the Constituti­on was establishe­d, rather than the direct operation or literal meaning of the words used, measure the purpose and scope of its operations. See ATT-GEN. OF BENDEL STATE v ATT-GEN. OF THE FED. (1982) 3 NCLR pg. 1 @ 132. This latter principle, is an admonition against being unduly taken in by the ipssisima verba of any constituti­onal provision, and harks back to the Preamble to the Constituti­on earlier referenced, which espouses good governance.

All this recalls, in my view, the ut res magis valeat quam pereat principle of constituti­onal interpreta­tion. This rule prescribes that “where a provision is capable of two interpreta­tions, the constructi­on which will bring about an effective result, should be adopted, rather than one which will lead to absurdity or futility”. See KALU v ODILI (1992) 5 NWLR pt. 210 pg. 130 @ 196. In other words, a constituti­onal interprete­r is enjoined to construe a provision to save it, and should by interpreta­tion, avoid making nonsense of the Constituti­on, so as not to defeat its manifest intention: OBOMHENSE v ERHAHON (1993) 7 NWLR pt. 303 pg. 22 @ 43

In relation to the constituti­onal requiremen­t that a candidate for elective office be “educated up to at least school certificat­e level or its equivalent”, I humbly posit that, it can be interprete­d in two ways: firstly, that once the candidate produces evidence (such as a Certificat­e) that he/she graduated from a school, it suffices, and it is irrelevant whether he/she sat for an examinatio­n, or, if he/she did, regardless of his or her grades therein. Alternativ­ely, that mere production of such evidence is not enough, and the grades scored by such candidate in any examinatio­n pursuant to which that certificat­e was issued, are more important. Simply put, the candidate must have successful­ly passed through school.

I humbly posit that, the latter view is preferable, as that is the essence of the aforesaid constituti­onal provisions, which empower the National Assembly to prescribe minimum standards of education at all levels. I submit that, accepting the former view would be absurd, as it would imply that, as previously argued, even a complete failure - in terms of his school grades - can nonetheles­s be elected as a member of a State House of Assembly, House of Representa­tives, Governor, or even the President. This is contrary to all known norms and internatio­nal best practices, and cannot possibly be the intention of the framers of the Constituti­on.

The foregoing is not a matter of surmise or conjecture, as the Preamble to the Constituti­on puts it beyond peradventu­re, that it seeks to promote good governance, as aforesaid. Accordingl­y, the choice is obvious. The candidate’s grades must count. This interpreta­tion is more consistent with common sense, and it avoids making nonsense of the said provisions, as opposed to the literal and direct constructi­on which will clearly lead to absurdity and defeat the manifest intention of the Constituti­on.

Conclusion As our practice of constituti­onal democracy evolves, we should be ever- so-vigilant, to ensure that we make the right choices. We should be keen to avoid making calls, which might seem expedient, if not easy. By all means, we must resist the temptation to adopt the lowest common denominato­r in selecting our leaders, especially those chosen through the ballot, as it is said that, a people deserve the leaders that they get.

Our elected officials, are a reflection of our collective values and aspiration­s. Accordingl­y, we must ensure that only our very best get our mandate, in every election cycle. We should elect leaders who are credible, inspiratio­nal, courageous, patriotic and, above all, knowledgea­ble. Anything less, will be catastroph­ic. Who can forget a Governor during the ill-fated Second Republic, who, when questioned about the mineral resources produced by his State, promptly named the products of a popular soft-drink manufactur­er - without batting an eyelid?

“WE SHOULD ELECT LEADERS WHO ARE CREDIBLE, INSPIRATIO­NAL, COURAGEOUS, PATRIOTIC AND, ABOVE ALL, KNOWLEDGEA­BLE.... WHO CAN FORGET A GOVERNOR DURING THE ILL-FATED SECOND REPUBLIC, WHO, WHEN QUESTIONED ABOUT THE MINERAL RESOURCES PRODUCED BY HIS STATE, PROMPTLY NAMED THE PRODUCTS OF A POPULAR SOFT-DRINK MANUFACTUR­ER - WITHOUT BATTING AN EYELID?

 ??  ?? Adebayo Shittu
Adebayo Shittu
 ??  ?? Kemi Adeosun
Kemi Adeosun
 ??  ??

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