By Sam Amadi
It is sad that it has to get to this level. Many years ago I stated that Nigeria has a fake certificate crisis. I estimated that about 50% of certificates in public circulation is fake. This is more so with certificates presented by public officials to attain public positions. We have become a fake country.
But wait, why did something like Uche Nnaji passing through screening for elective position with a fake certificate occur even with clear provisions of the law requiring educational qualification as a condition for elective offices? Why did INEC not detect a fake certificate before election and after election?
Mr. Peter Obi has reacted to this scandal by pointing out that in Indonesia there is no possibility of anyone being in public office with fake certificate because the electoral commission will disqualify such a person before the election. And if undetected before election, the person would be removed from office when it is detected.
So why is it different in Nigeria? Because INEC, Nigeria’s electoral management body, cannot disqualify anyone from standing for election. So, if someone comes with evident fake certificate, INEC will still allow him to stand for election? Yes. Why is it so? Because Nigerian lawyers and judges have somehow crafted a very false and silly principle of law that only a court can disqualify anyone for non-qualification. A body created by the law and empowered to qualify candidates cannot disqualify anyone who is not qualified.
Well, this is absurd. The constitution empowers INEC to conduct election and says only a certain person who has certain qualifications can stand for election, and somehow Nigerian lawyers come up with the nonsense that INEC cannot disqualify anyone who presents a fake certificate or is otherwise non-qualified to stand election. There is no illogic lawyers cannot peddle.
On matter of electoral jurisprudence there is no greater pestilence than Nigerian lawyers.