Tinubu Certificate Scandal:
Constitutional Implications

Aisha Mohammed Agashi,

Atiku Abubakar, challenging the declaration of the APC candidate as winner of the election on many grounds, part of which is that he submitted a forged document on oath to INEC to secure clearance for participation in the recent presidential election. Following this claim, Atiku Abubakar had applied to the US District court to an injunction requiring the Chicago State University to release Tinubu’s Academic records for authentication.

In the course of the deposition, the Certificate used by President Bola Ahmed Tinubu to secure final clearance for participation in the 2023 presidential election on the platform of the All Progressive Congress, APC which he claimed he obtained from Chicago State University (CSU) was debunked.

In this latest development, Caleb Westberg a Registrar in Chicago State University on Tuesday 3rd of October 2023 said that the replacement copy of the diploma certificate Tinubu submitted to the independent National Electoral Commission, INEC, which he used to secure clearance for participation in the presidential election, was not issued by their Institution (CSU).

He however, states that a replacement was indeed ordered, through CSU, and there is indeed an actual certificate in the student file named Bola A Tinubu, but, it is however still in the file because it was never picked up. Westberg speaking under oath further states that he is seeing the diploma certificate copy for the very first time. Part of the difference noted by Westberg in the certificate submitted by Tinubu, dated 1979 to the electoral body, had in it the board of Trustees. However, Westberg asserted that the institution had no board of trustees in 1979. He also admitted variations in signatures, logo and seal.

Section 137 (1) (j) which provides for disqualification from election to the office of president provides that a person shall not be qualified for election to the office of president if- “he has presented a forged certificate to the independent National Electoral Commission”.

This section is clear in it’s position that nobody who have forged and presented a forged certificate to INEC should be President of the Federal Republic of Nigeria. The constitution in this provision is not pertaining on whether the candidate attained an institution or not, as a matter of fact section 131 (d) which provides for qualification for presidential election, provides that the candidate should have a least school certificate.

In view of this, where a candidate who did not attend a higher institution can still contest for the office of the President as long as such candidate have at least a Secondary School certificate.

Where a candidate however, presents a forged certificate regardless of the type of certificate the candidates have, once it is deemed to be forged such candidate have contravene the position of the law and as such they stand disqualified if found culpable. This can further be seen in the case of APM v. INEC & ORS (2021)LCN/15161(CA) and NWOSU UCHE & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS (2019)LCN/13765(CA).

In conclusion, if the supreme under special circumstances admits this Academical records and the court further finds the candidate guilty of forgery, the constitutional implications is that such candidate will be disqualified.

About
Aisha Mohammed Agashi is a student of Faculty of Law, Bayero University Kano. She can be reached on 08063590494 or on aishaibnmohammed@gmail.com