By Peace Udugba
Tinubu Not Required to Submit School Certificates to INEC, Says Monday Ubani
Senior Advocate of Nigeria (SAN) and constitutional lawyer, Dr. Monday Ubani, has said President Bola Ahmed Tinubu was under no constitutional obligation to submit his primary and secondary school certificates to the Independent National Electoral Commission (INEC), insisting that while the omission may raise concerns over transparency, it does not invalidate his nomination.
Ubani made the clarification on Wednesday during an interview on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, following renewed controversy over Tinubu’s educational credentials.
The debate resurfaced after former Kogi West Senator, Dino Melaye, alleged that the President did not include his primary and secondary school certificates among the nomination documents submitted to INEC for the 2027 presidential election.
The publication of candidates’ credentials by INEC has sparked public debate over whether a university degree alone satisfies the constitutional educational requirement for the office of President or whether candidates must also submit their primary and secondary school certificates.
Responding to the controversy, Ubani said the matter should be viewed strictly from the standpoint of constitutional law rather than public opinion.
“It is about the law, not sentiment or bias,” he said.
According to the senior lawyer, Section 131 of the Constitution only requires a presidential candidate to show evidence of having been educated up to school certificate level or its equivalent and does not expressly compel the submission of primary or secondary school certificates.
“The Constitution says that whoever seeks the office of the President must show that he has attained education up to school certificate level,” he explained.
Ubani said the provision has already been interpreted by the courts, stressing that there is no legal requirement for candidates to physically produce their school certificates.
“There is no legal compulsion that he must disclose or produce his certificates. It is only a moral issue and has nothing to do with legal compulsion,” he stated.
He maintained that while the omission of primary and secondary school certificates may raise questions about transparency and accountability, it does not amount to a constitutional violation.
According to him, judicial interpretation of the Constitution clearly distinguishes between what is legally required and what may be considered morally desirable for anyone seeking the nation’s highest office.
“There is no constitutional compulsion to produce certificates. The Constitution only requires that a person should show that he has been educated up to that level,” Ubani added.
He further explained that where a candidate presents a recognised university degree, the law presumes that the person must have passed through the lower levels of education unless evidence is produced to prove otherwise.
“If somebody has a degree, the presumption is that he must have passed through primary school, secondary school and university. It is for anyone challenging that to rebut the presumption,” he said.
While defending the constitutional position, Ubani acknowledged that candidates seeking public office should strive for greater openness.
“Ordinarily, anyone submitting credentials should also provide evidence of primary and secondary school education. These are moral issues and matters of transparency,” he noted.
On INEC’s role, Ubani said the electoral body acts within the law by publishing candidates’ documents for public scrutiny without verifying their authenticity.
“There is no provision in the Electoral Act that gives INEC the power to authenticate or disqualify candidates based on their credentials. Anyone who believes false information has been submitted has a legal remedy through the courts,” he said.
He added that INEC’s responsibility ends with publishing the documents, while aggrieved persons are expected to seek judicial redress where necessary.
Ubani also commented on concerns over discrepancies in the names appearing on the academic credentials of Labour Party presidential candidate Peter Obi after questions were raised about variations across his WAEC, University of Nigeria and National Youth Service Corps (NYSC) documents.
He said differences in names are not necessarily evidence of wrongdoing but should be properly explained with supporting public documents.
“It is an issue that Peter Obi will have to explain. There must be a public document to justify the change of name,” he said.
Speaking on previous litigation over allegations of certificate forgery against Tinubu after the 2023 presidential election, Ubani said the Supreme Court did not determine the matter on its merits.
“I don’t think there was any judgment on the merit of that allegation,” he said, explaining that procedural issues prevented the apex court from making a substantive pronouncement.
He added that disputes over educational qualifications are pre-election matters and must be filed within the period prescribed by law after INEC publishes candidates’ particulars.
“If you are challenging a candidate’s educational qualification, this is the appropriate time to do so within 14 days after publication. If you fail to do so under the Electoral Act, it cannot ordinarily be raised later as a post-election qualification issue,” Ubani said.
