Some should tell PDP to stop clutching at straws! Lol! he PDP leadership and some Presidency officials sought legal advice on how to get Gen. Buhari disqualified, a source told The Nation, pleading not to be named because of what he described as the “sensitivity” of the matter. But they were shocked to learn that it was all a wild goose chase. The legal advice made available to the party indicated that Gen. Buhari cannot be stopped because Section 318 of the 1999 says any candidate can contest for elective office with a minimum of school certificate or its equivalent. The section also does not say a candidate must pass or fail the school certificate examination or its equivalent, which could be a primary school certificate or the ability to read or write in English. Also, if a candidate has served in the public sector for up to 10 years, this could be the equivalent of a school certificate. A highly-placed source said: “The legal advice sought by PDP has confirmed that even if the party goes to court, it cannot stop Buhari. The party is in a state of confusion because it has to face the electoral battle with APC. The 1999 Constitution is explicit in its interpretation of Section 131 of the 1999 Constitution by Section 318. Section 131 states: “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 (40) years; (c )he is a member of a political party; and (d) he has been educated up to at least School Certificate level or its equivalent. “In Section 318, School certificate or equivalent means (a) a Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or (b) education up to Secondary School Certificate level; or “(c) Primary Six School Leaving Certificate or its equivalent and (i) service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission(INEC) for a minimum of 10 years; and “(ii) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totalling up to a minimum of one year, and “(iii) the ability to read, write, understand and communicate in the English Language to the satisfaction of the Independent National Electoral Commission (INEC); and “(d) Any other qualification acceptable by INEC.” Another source said the PDP has realized its folly because it did not seek legal opinion before raising false alarms that Gen. Buhari is unqualified to contest.
Posted on: Wed, 21 Jan 2015 06:40:22 +0000
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