*2023 Election Law Bulletin: Is Adeosun or Pantami qualified to be the next President?*

-P. D. Pius, Esq

It was on the 14th day of September 2018, Adeosun resigned as Minister of Finance due to the alleged NYSC Certificate forgery scandal. It was about the first time a high Nigerian government official resigned due to allegations of past wrongdoing. What is interesting here is whether an allegation of past wrongdoing can disqualify a person from becoming President of Nigeria under the law. Another instance is Isa Pantami who is alleged to have been the Chief Imam of the Abubakar Tafawa Balewa University (ATBU), Bauchi mosque, whose preaching directly led to the brutal murder of a 400-level student, Sunday Achi, who was the leader of the ECWA Student Ministries (ESM) on the campus.

What does the law say about allegations of wrongdoing as it relates to vying for public office or occupying the same? The constitution only requires that you should be Nigerian by birth, be 35 years old, belong to a political party, and be able to read and write to be President. That’s all. Very simple requirement. See section 131 of CFRN. There is a *but* which I will tell eventually. One such *but*  is that you must not be guilty of some disqualification factors like a commission of certain previous Offences. The emphasis is on certain offences.

So, what offence will disqualify a person? They include:

1. an offence involving dishonesty or fraud, or

2. Contravention of code of conduct, or

3. Presentation of forged certificate to INEC.

These are the offences written in the constitution. See section 137(1)(d)(e) and (j) of the Constitution. With this limited provision, it can be easily argued that even previous convictions for offences of terrorism, or murder,  may not disqualify a candidate as it may not be an offence involving dishonesty fraud or contravention of the code of conduct. But this is not the thrust of this piece. It is left for lawyerly arguments in courts.

The point of appreciation however is that the law distinguished proof of previous conviction from mere allegations. What is alleged against Adeosun and Pantami even though admitted extra judicially does not amount to conviction by a court of law. The painful aspect of the law that we must all bear for the good of the rule of law is that even if we all know the truth, our knowledge does not amount to proof in court.

There is a further duty on those with knowledge of the truth to either directly make a report or engage the Services of a lawyer to make a report on their behalf for the investigation, prosecution and conviction of those alleged to have committed any offence at all. Unless that is done, your knowledge of whatever truth there may be has not helped society and your knowledge alone can not operate to disqualify a person from becoming President or occupying public office.

The interesting part is that, if a person is qualified to be the President, he is invariably qualified to be a Minister. The question of personal moral judgement of having been known to have committed wrong avails to the individual to guide him in making voter decisions in the next elections or quitting the office based on personal morality.

In all of these, there is a great need for two essentials:

1.  Citizens developing the habit of reporting the Commission of Public Offence directly or through lawyers for greater public good, and

2. Constitutional amendment to improve on qualification to occupy public office.

Until then, both Adeosun and Pantami are eminently qualified.

*LAW TO REMEMBER*

You are allowed to register your own political party and present your candidates in the 2023 elections. See section 222 of CFRN.

P. D. Pius, Esq.

Abuja, Nigeria

piusdanba@gmail.com