TENNIS:Serena Williams wins Australian Open title after overcoming Maria Sharapova

Serena Williams celebrates after winning a point against Maria Sharapova on her way to the Australian Open crown. Photograph: Vincent Thian/AP

Serena Williams shrugged off a coughing fit and a rain delay to win her 19th grand slam title in the Australian Open final on Saturday.

Williams prevailed in the opening set against Maria Sharapova 6-3 on Rod Laver Arena before taking a second-set tie-break, extending her winning streak over the second seed to an incredible 16 matches.

Sharapova, whose last win against Williams came in November 2004, got off to the worst possible start, serving a double fault to lose her serve in the opening game of the match. Williams held serve comfortably to move 3-2 ahead and was serving at 30-30 when rain forced the retractable roof to be fully closed, leading to a 12-minute delay.

Sharapova remained on court during that time but Williams left and was on her way back when a coughing fit delayed her return further, although the top seed promptly served an ace and hit a forehand winner to hold. Williams then made it six points in succession to claim a second break and although she promptly lost her own serve, she responded by breaking Sharapova for a third time to take the set in 47 minutes.

The second set was an even longer battle, with Sharapova saving a match point on her serve when she trailed 5-4, but eventually Williams prevailed in a tie-break, taking it 7-5.

FG uncovers Boko Haram’s new bombing tactics

From Umar Dankano, Yola & Joy Baba Yesufu

The Federal Government yesterday alerted Nigerians to new bombing tactics being devised by Boko Haram.

The Federal Government announced that it has uncovered plans by insurgents to use cobblers, otherwise called shoe shiners, and livestock to bomb public places.

Mr Mike Omeri, the Coordinator of the National Information Centre disclosed this Thursday at a news conference in Abuja to give an update on security situation in the country.

According to Omeri, “The insurgents plan to hide explosives in the tool boxes of the cobblers and detonate them at markets, political rallies, ATM points, restaurant and places of worship.

He said that there is also indication of a plan to use livestock such as goats, cows, donkey and camels laden with explosives to attack chosen targets.

“In view of this, the general public, including persons operating within and around the aforementioned places, are advised to be vigilant”, Omeri said.

He also urged Nigerians to be mindful of suspicious activities in their environment.

The coordinator confirmed the release of some persons abducted by the insurgents in Yobe, saying that they were currently being counseled by the military.

He said that they would be released to their families after the counseling.

Meanwhile, President Goodluck Jonathan has announced the liberation of Michika local Government Area in Adamawa State from the enclave of Boko Haram insurgents yesterday, Thursday.

Goodluck gave the breaking news at his presidential campaign rally held at the famous Muhammadu Ribadu square Yola, the Adamawa State capital promising Nigerians of his government’s commitment to providing security to all.

“I am glad to announce here that the Nigerian troops have just liberated Michika local Government from the occupation of Boko Haram today and Madagali will soon be liberated too”.

He also used the gathering to deny the allegation that, his government is behind the terrorists group (Boko Haram) stressing that, no reasonable leader can ever be behind such ungodly and inhuman act of killing and destroying properties of his people in his own father land just for selfish political reasons.

“There is no reasonable leader in the globe who can convene with terrorists to kill his people for political gains or reasons and those peddling such rumor (allegation) against us (presidency), I pray that may God Almighty forgive them.’ He stated

Peoples Daily

Can Chelsea against Man City go from Cashico to Clasico?

By Greg Stobart As television executives looked to hype up the rivalry between Chelsea and Manchester City a few years ago, they came up with the term ‘El Cashico’. A neat pun, they thought, for games between two clubs that rose to prominence thanks to billionaire owners and contests that would be at the forefront of English football for the foreseeable future. Yet the name never really stuck and no amount of manufactured promotion can make up for the fact that Saturday’s match at Stamford Bridge does not feel as big as it should. It is supposed to be the most important game of the season, first against second, a potential title decider with Chelsea heading into the game five points clear of Manuel Pellegrini’s men. It is a match that features comfortably the two best teams in the country, with some of the best players on the planet on show in the likes of Sergio Aguero, David Silva, Cesc Fabregas, Eden Hazard and Thibaut Courtois. But it doesn’t capture the imagination like the great rivalries of the past. Where are the Roy Keanes and Patrick Vieiras? Where is the flying pizza? Where are the touchline spats and tunnel brawls? The 1-1 draw at the Etihad Stadium in September included a red card, a goal for Frank Lampard against his old club and a barb from Manuel Pellegrini that Chelsea played like a “small team”. And still there was something missing; intangible, maybe, but there is no X-factor. Chelsea’s win in their League Cup semi-final against Liverpool on Tuesday was so compelling for the very reason it had that edge. You could sense the tension – in the players, the supporters, the managers – they don’t like each other. Lampard’s return to Chelsea and some animosity between the two managers – Jose Mourinho succeeded Pellegrini at Real Madrid – will provide interesting sideshows on Saturday. But this modern rivalry needs a clasico rather than cashico if it’s to become a game fuelled with the same passion and anticipation of the great clashes between Manchester United and Arsenal at the start of the century. Maybe it is because Chelsea and City share such a similar history. United and Arsenal were already established powers, perennial challengers and multiple title-winners by the time the bad blood between the sides reached boiling point during the ‘battle of the buffet’ in October 2004. For Chelsea and City, it’s more sterile, especially with the combustible Diego Costa suspended, although Mourinho’s increasingly erratic behaviour in recent weeks suggests we can expect more touchline antics on Saturday. The Portuguese’s instinct on Saturday will be to approach the game cautiously in the knowledge that a draw would favour Chelsea and allow them to keep City at arm’s length. Yet the fact his side have been uncharacteristically poor defensively this month – they conceded five to Tottenham and four to Bradford – means City will fancy their chances of creating and taking chances. Liverpool’s first-half display against the Londoners on Tuesday will give City further hope of a result that can provide the spark not only for the title race but for the rivalry between the teams. After all, neither Chelsea nor City are going anywhere and they will be two of the major protagonists next season and for the foreseeable future. Then it won’t need any gimmicky titles to feel like the biggest game of the season.

GOAL

Is The Party Over For PDP

BY WAZIRI ADO

This is self-evident: the Peoples Democratic Party (PDP), in this general election, is fighting the political battle of its life. For the first time since 1998/1999, the political behemoth of our clime and time is clearly flustered, rattled to its core. With cultivated calm giving way to undisguised panic and supreme confidence displaced by anger, frustration and desperation, PDP has launched a scorched-earth campaign that makes it look more like a despairing challenger than the surefooted ruling party that we used to know.
When PDP was in its prime, its chieftains used to boast about how they would be in power for at least 60 years. They bragged about how PDP would become Nigeria’s PRI, the Partido Revolucionario Institucional, the political party that once ruled Mexico for 71 years at a stretch. The reference to PRI was not totally self-indulgent. In ideology, outlook and in the eagerness to press state apparatuses to political advantage, PDP seemed patterned after the Mexican party.
For one, PRI and PDP share the same colours, arranged in the same order: green, white and red. PRI was the archetypal state party, with totalising influence that made the Peruvian writer and Nobel laureate, Mario Vargas Llosa, describe it as the ‘perfect dictatorship’ and with election results that, in PRI’s heydays, implausibly hovered between 80 and 100 per cent of total votes cast! At some point, PDP was beginning to grow into the PRI profile, with control of the presidency and of more than two-thirds of the states, and with a near absolute majority in the National Assembly in a country which at a time had about 50 political parties.
Until the year 2000, PRI had won 12 presidential elections in a row and PDP, its self-adopted Nigerian offspring, seemed similarly unstoppable. But not anymore. For the first time in its 17-year history, PDP stands a very good chance of not winning the presidential poll. With good luck, PDP may still survive this scare. But even if it does, and except the opposition collapses after the election, it is not inconceivable that the party’s days of unchallenged dominance are surely numbered.
At the moment, PDP has found itself in a very strange and unusual place. And because this once undisputed and undefeated champion is not used to being challenged punch-for-punch, it is fighting badly, appearing frantic, coming across as seriously desperate, and looking mortally scared. How did the almighty PDP come to this pass?
I think three factors have conspired to put PDP on the ropes. Before going into that, let me say that despite misgivings against PDP, the party has made some contributions to political development in Nigeria. I will mention two not-so-obvious areas. More than we give it credit for, PDP has served as a stabilising and unifying force in the country both on account of its size and its spread. The founders of PDP had envisioned a big party, broad enough to blur our fault-lines, expansive enough to house different political tendencies, and strong enough to square up to any destabilising force, including the military. Even when it sometimes poses risks to the polity and has recently lapsed into divisive politics, PDP has largely delivered on this score.
PDP’s other important contribution is that, at different times, it has provided opposition to itself, thereby sparing the country the possible dictatorial excesses of a dominant party in a multi-party democracy. Even when other factors are at play, a PDP-dominated federal legislature has not shied from checking the executive from same party and indeed played a major part in truncating President Olusegun Obasanjo’s tenure-elongation agenda. By allowing internal dissent, PDP is perhaps more democratic than the other parties and has, in this way at least, helped in strengthening our democracy.
That said, let’s return to why PDP is not approaching this election with the usual certainty. The first reason is the gradual but consistent weakening of PDP from within and outside. Partly on account of being a big tent, PDP has always been a house divided against itself, weakened by intense contestations for control and positions, and with limited investment in genuine reconciliation. From the outside, PDP has had a terrible image for a long time. Whether fairly or unfairly, PDP has been twinned with all that ails our democracy: underperformance, impunity, corruption, rigging etc. As said above, this could be an unfair association, but PDP has done little to change this widespread negative perception.
But the combination of internal dissension and unflattering public perception has rendered the party vulnerable over time. A major marker of this vulnerability was in 2011 when the strategists of President Goodluck Jonathan had to distance the candidate from his own party and had to creatively market him as different from and better than his party. That delicate distancing worked magic but this was also an acknowledgement that PDP had more or less become damaged goods in popular imagination. This should have worried the PDP chieftains and pointed them towards critical post-election work. It is not clear anyone paid much attention to this critical task.
This leads us to the second factor that has put PDP at risk: the diminution of the Jonathan mystique. Jonathan’s capacity to compensate for PDP’s perceived deficits has been diminished because Jonathan, in a strange proclivity for scoring own goals, has consistently eroded his own fanatical base in the last four years. At the moment, the bad-party/good-candidate narrative has lost its sheen. A sizeable number of those who ecstatically bought into the “breath-of-fresh-air” line in 2011 started feeling deceived six months down the line and remain disappointed and are either on the fence or have switched allegiance.
For this group, and even some neutrals, there is a long list of disappointments, including: the manner in which subsidy on petrol was removed on 1st January 2012, the demonization of the Occupy Nigeria movement, the handling of the NIS recruitment tragedy, the ‘I don’t-give-a-damn’ and ‘stealing-is-not-corruption’ statements, the state pardon of Chief Diepreye Alamieyesiegha, the subsidy scandals, the bullet-proof cars, the unaccounted oil money, the embarrassing gaffes from the first family, the interference in the Governors’ Forum election, the growing state of insecurity, the handling of the case of the abducted Chibok girls and the harassment of and attack on the #BringBackOurGirls campaigners etc. Overtime, all these have calcified into overwhelming negative emotions that put the 2015-Jonathan in a weaker stead than the 2011-Jonathan, coincidentally at a time the predicted fracturing of his party has come to pass.
The last factor that has put PDP in a strange spot is the emergence of the All Progressives Congress (APC) and of General Muhammadu Buhari as its standard-bearer. APC has reasonable national spread and strong political structures in zones with high percentage of registered voters. Buhari, whose massive following had been restricted to just the north, is now enjoying some serious look-in in some areas and among demographic groups previously uninterested in him. The convergence of these two developments has significantly altered the field of play and provided a viable alternative to politicians looking for a new home and to voters fatigued with PDP’s 16-year rule or disenchanted with Jonathan.
In sum, PDP’s previous competitive advantage is now threatened by the coming together of a weakened and depleted party, a diminished incumbent and a formidable opposition. The behemoth has tried to fight back in different ways, some reasonable, some wrong-headed. Initially, it re-organised, embarked on reconciliation and counter-poaching, took the battle to APC’s strongholds and commenced aggressive marketing of the achievements of its candidate. And for a while, it worked and PDP regained some lost ground. But PDP also expected and even predicted APC to fracture after its presidential primaries. That did not happen.
PDP’s reaction to the failure of APC to fall apart and the emergence of Buhari (who gained extra bounce by picking Professor Yemi Osinbajo as his running mate) is to go on a feverish attack, hoping that something will stick. That may well happen and that may well change the tide. But my sense is that despite all the aggressive investments in history lessons, gratuitous insults, ethnic/religious profiling, morbid obsessions and threats of fire and brimstone, most people are looking at the two candidates comparatively, not idealistically, and have made up their minds on who they think will better serve them. I may be wrong.
What is beyond doubts, however, is that for the first time in 16 years, PDP has an equal chance of winning or losing the presidential election. If it wins, it should congratulate itself, embark on aggressive PR offensive, re-organise and take a cue from PRI on how to prepare for eventualities. PRI’s winning margin declined from 74 per cent in 1982 to 50.7 per cent in 1988, and further plunged to 48.6 per cent in 1994. The party got the message of an approaching end and launched a series of political reforms that opened up the system to ensure that a new ruling party would not be able to unfairly lock out the opposition for decades. PRI eventually lost power in 2000, but was back in 2012 after two election cycles.
If PDP loses this election, it should be both proud and gracious. Proud of having been the dominant party for 16 years and of its contributions to democratisation and development in the country. Gracious by reining in its present desperate impulses and not succumbing to the temptation to pull down the whole house. As the party that has benefited the most from this democratic experiment, PDP should be interested in sustaining it. It should know that even in the best of times, no party lasts forever. It should therefore be ready for the end, and when the inevitable happens, it should exit the stage with a smile and a raised shin. Like PRI, it should provide robust opposition, not hitch on the new wagon, and re-strategize for a comeback. Our democracy will be the better for it.

Culled from THISDAY

Re Buhari: One Nation, Two Moralities

By Prof. Taiwo Osipitan
As the Nation prepares for the February 2015 Election, the educational qualifications of candidates contesting the office of the President of the Federal Republic of Nigeria, has generated endless controversies. Two Schools of thought are locked in the controversy. The dominant School of thought has asserted loudly and clearly, that a person is not eligible to contest election to the office of the President unless he/she produces a Secondary School Leaving Certificate or its equivalent. It has been and it is still being contended that candidates must possess/produce educational qualification of at least Secondary School Leaving Certificate or its equivalent in order to be eligible to contest the on coming elections. Section 131 (d) of the 1999 Constitution (as amended) has been cited in support of the contention by proponents of that view to support their position. The said Section provides:

“131. A person shall be qualified for election to the office of President if-
(a)…                             …                                           …
(b)   …                      …                                           …
(c)  …                           …                                       …
(d) he has been educated up to at least school certificate level or its   equivalent.”
Candidates contesting election to other elective positions must also possess a similar qualification. This is in view of the prescription in other provisions of the Constitution that candidates to elective post must have been educated up to at least school certificate level or its equivalent. Section 177 (d) prescribes that candidates contesting election into the office of State Governor must have been educated up to at least School Certificate Level its equivalent. By virtue of Section 142(2) and 187(2) the provisions on educational qualification of President and State Governors apply to Vice President and Deputy Governors respectively. Section 65(2) (a) and 106(c) of the Constitution prescribes that candidates contesting elections as National Assembly and State House of Assembly members respectively must also have been educated to at least School Certificate  Level.
It is against the backdrop of Section 131 (d) of the Constitution that the Independent Electoral Commission (INEC), has been and is still being invited, to disqualify General Muhammadu Buhari (APC’s Presidential candidate) from contesting the upcoming Presidential Election. It is likely that more requests will be made to INEC to disqualify other candidates, on the same ground of lack of Educational qualification of “school certificate or its equivalent”.
This article seeks to place adequate information at the disposal of all concerned. The article educates further all concerned on the requirements of educational qualifications of persons contesting election to the office of the President and other elective posts in the coming 2015 Election. This article demonstrates, that under the 1999 Constitution, production of Secondary School Certificate or it’s equivalent is not a mandatory requirement of being eligible to contest election into an elective post.
Undoubtedly, Section 131(d) of the 1999 Constitution (as amended) prescribes Secondary School Leaving Certificate as the minimum educational qualification of candidates contesting election to the office of the President of the Federal Republic of Nigeria. It stipulates that candidates must be “educated up to at least School Leaving Certificate Level or its equivalent.”
When the above provision is construed in its ordinary grammatical meaning, persons who do not possess the Secondary School Leaving Certificate or its equivalent are not qualified to contest election to the office of President. In other words, upon a cursory reading of the provision of Section 131(d), it is easy to come off with the impression that unless a person possesses the Secondary School Leaving Certificate or its equivalent (Grade II Teacher’s Certificate, the City and Guilds Certificate), he or she is ordinarily not eligible to contest election to the office of the President of Nigeria. Similar interpretation will be given to other provisions on qualification of candidates in respect of other elective posts/offices.
The above provision must however be read along with Section 318(1) of the said Constitution, which is the interpretation Section. It becomes crystal clear, upon a careful reading of the said Interpretation Section, that even persons whose educational qualifications are below the Secondary School Leaving Certificate/level and its equivalent are still qualified to contest election, if they possess the Primary Six School Leaving Certificate or its equivalent along with the other requirements listed under the said definition Section (Section 318(1)).
For the avoidance of doubt, Section 318(1) provides:

“School Certificate or its 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 for a minimum of ten 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; and
(d)    any other qualification acceptable by the Independent National Electoral Commission;”

There is the need to acknowledge the trite rule of interpretation of Statutes which is to the effect that a Section of a Statute should not be construed in isolation. All Sections in a Statute must be interpreted conjunctively, especially where the Statute has a definition Section, as it is the case with the 1999 Constitution (as amended). Section 131(d) must therefore be construed in conjunction with Section 318(1) of the Constitution which defines the words “School Certificate or its equivalent.”
It is evident from the above definition Section of the Constitution (Section 318(1)), that the meaning of “School Certificate or its equivalent”, for the purpose of Section 131(d) of the Constitution, is very liberal and accommodating. The provision accommodates persons with the Primary School Leaving Certificate coupled with private or public sector experience and who have attended courses and training for periods totalling up to a minimum of one year. Such primary school Certificate holders must also demonstrate ability to read, write, understand and communicate in the English language to the satisfaction of INEC. The definition of “School Certificate or its equivalent” also includes candidates who are educated up to Secondary School Certificate level. These candidates need not produce Certificates evidencing that they passed Secondary School Examination. What they must produce is evidence of being educated up to Secondary School level. This is unlike the other requirement of Secondary School Certificate or its equivalent or Grade II Teachers Certificate, or City and Guilds Certificate under Paragraphs (a) of the definition. The difference between (a) and (b) above is that under (a), production of a Certificate is mandatory. In (b), what is required is evidence of “education up to Secondary School Certificate level ”. While it may well be that production of a Certificate is evidence which proves (b), it is not the only mode of proving (b). Testimonials, Reference Letters and Affidavits are legitimate vehicles of proof that a candidate has been “educated up to Secondary School Certificate level .“ As a matter of fact, the (d) part of the above definition is much more elastic and accommodating. It recognizes “any other qualification acceptable to the Independent National Electoral Commission” as a qualification to contest election to the office of President and other elective posts. It suffices to state that a candidate who relies on (c) must also produce his/her primary school leaving certificate
The provision of Section 318(1) was construed by the Court of Appeal in the case of BAYO v. NJIDDA (2004) 8 NWLR (Pt. 876) page 544 at 629H-630D, where Ogbuagu, J.C.A (as he then was) held:
“The above provisions, are conjunctive and they qualify or mean “school certificate or its equivalent.” So, if any one of them is not present/ available, then, the candidate is out. Therefore, even if (i), (ii), (iii) and (d) are acceptable by or satisfactory to INEC and therefore, cannot be questioned in a tribunal as being final, the absence of (c), also disqualifies the candidate.
I wish to point that unlike the provision in (b)-i.e.
“(b) education up to secondary school certificate level,” or, in (c), it must be the obtaining or possession of a primary six school leaving certificate or its equivalent. It could be observed that in (b) there is no “or its equivalent”.
In other words, as regards a secondary school certificate level one does not have to pass the secondary school certificate examination. It is enough, in my view, that one attended a Secondary school and read up to secondary school certificate level i.e. without passing and obtaining the certificate.
But in the case of (c), one must have passed and obtained the primary six school leaving certificate. It could be seen that the draftsman of these provisions, carefully chose the words.”
Nzeako, J.C.A (as she then was) held at page 619 paras. G-H, in the above case, thus:
“In effect a person seeking to become a candidate for an election to the House of Assembly of any state in the Federal Republic of Nigeria must possess at least one of the qualifications set out in (a) or (b) or (c) (supra)
In the case of (c), he must in the first instance possess, primary six school leaving certificate or its equivalent, (in some states there used to be primary 7 as the final class in Primary school), and in addition evidence of (i), (ii) and (iii) above all together.
It follows that a person who is not educated up to school certificate or its equivalent, may still qualify for election to the House of Assembly of a state if he has primary six school leaving certificate plus evidence or fulfilling every one of the conditions in (i), (ii) and (iii). If the person possesses primary six certificate but fails to provide evidence of any of the above (i), (ii) or (iii), he does not qualify.
In CHUKWU v. ICHEONWO (1999) 4 NWLR (Pt.600) page 587 at 596 paras. B-F, the Court of Appeal was faced with the interpretation of provisions of Section 99(1) of the Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998 which contained similar definition of school certificate or its equivalent. In answer to the question, whether a candidate must possess/produce school certificate, in order to satisfy requirement of being educated to the minimum level of school certificate or its equivalent, the court held thus:
“it is erroneous to hold as learned counsel has argued that to satisfy the condition of educational qualification, the candidate must possess a Secondary School Certificate. The interpretation given by the tribunal on this issue of educational qualification is unassailable. I agree that since there is evidence that the 2nd Respondent sat for the School Certificate examinations in May/June 1975, this is sufficient to satisfy the requirement of section 10(c) of the Decree. While acquisition of sound education may be desirable to enable one discharge the functions of Chairman of a Local Government Council, it is not absolutely necessary that such person must possess a Certificate to enable him function effectively.”
The definition Section (Section 318(1)) also vests INEC with powers to determine a candidate’s literacy level. Under Paragraph (b), the capacity in which a candidate served in the private or public sector must be acceptable to INEC.  The courses and training attended by a candidate must also be in Institutions acceptable to INEC. Finally, a candidate’s ability to read, write, understand and communicate in the English language must also be to the satisfaction of INEC.
The key words in the definition Section are “acceptable” to and “satisfaction” of INEC. These words are subjective in the sense that where INEC is satisfied with a candidates training and qualifications or where the qualifications of a candidate are acceptable to INEC, it is doubtful if the decision of INEC can be challenged successfully by a candidate’s opponent. The words “to the satisfaction of” and “acceptable to” , in their ordinary grammatical meanings, acknowledge subjectivity on the part of INEC. The word acceptable is synonymous with being in agreement with, approval, not very good but good enough, welcoming, pleasing, satisfactory, adequate or worth accepting. Satisfaction means a state of being satisfied, that which satisfies, content or pleasing.
From the angle of Law of Estoppel, where INEC has previously been satisfied with or accepted a candidate’s educational qualifications in previous Elections, and allows such a candidate to contest election(s) the same INEC would be estopped from disqualifying the same candidate in future Elections on the ground of lack of educational qualification.
Estoppel prevents a person from blowing hot and cold, approbating and reprobating on an issue. Therefore, where a person makes a representation expecting it to be acted upon, and another person acts on that representation, the former is estopped from resiling from his/her representation. The above principles of Law have been judicially endorsed in the following authoritative Legal decisions.
1.    Ude v Nwara  (1993) 2 NWLR (Pt. 278) Pg. 638 at 662,Para.G -Per Nnaemeka-Agu J.S.C:
“By operation of the rule of estoppel a man is not allowed to blow hot and cold, to affirm at one time and deny at the other, or, as it is said, to approbate and reprobate. He cannot be allowed to mislead another person into believing in a state of affairs and then turning round to say to that person’s disadvantage that the state of affairs which he had represented does not exist at all or as represented by him.”
2.    Jadesimi v Okotie-Eboh; In Re Lessey (1989) 4 NWLR Pt 113 Pg 113 at 125, Para. B – Per Akpata J.C.A.:
“A party cannot be heard to approbate or reprobate. He will not be allowed to base his action or defence, whether by pleadings or affidavit evidence, on a set of facts then depart from the set of facts on which issues had been joined to meet the case of the other side.”

CONCLUSION
It is evident from Section 131(d), read along with Section 318(1) of the Constitution, that a candidate need not produce a Secondary School Certificate or its equivalent Certificate in order to be qualified to contest election into the office of the President of the Federal Republic of Nigeria or any other elective post. Candidates who are educated up to Secondary School Certificate level are qualified to contest Elections under the 1999 Constitution. Persons with Primary Six School Leaving Certificate or its equivalent, provided they satisfy the other requirements listed under Paragraph (c) (i), (ii), and (iii) of the definition of “School Certificate or its equivalent ” in Section 318(1) ,are also qualified to contest election into elective offices, including that of the President. Finally, persons with “any other qualification acceptable to the Independent National Electoral Commission” are also qualified to contest election under Paragraph (d) of the definition Section set out above.
The elasticity of the definition of “School Certificate or its equivalent” in Section 318(1) of the Constitution may be questioned against the backdrop of providing a Platform for candidates who lack sound educational background to aspire to elective offices, in a Nation which prides itself with aspirants with sound educational qualifications. The said provision can also be questioned on the ground of the enormous power vested in INEC with regard to being satisfied with a candidate’s educational qualification or the educational institutions/qualifications being acceptable to INEC.
Such query, in my view, can only highlight the need for Law Reform. The query merely raises issues of the Law as it ought to be. However, from the view point of the Law as it is, A candidate whose educational qualifications/institutions attended are acceptable to INEC and who is educated to a level which is satisfactory to INEC, is eligible to contest Election to elective offices/posts in Nigeria is the upcoming February 2015 Election.
–– Prof. Taiwo Osipitan, SAN. Faculty of Law University of Lagos

---

The Opinions in this article are the Author’s and do not reflect Sayelba Times’ Editorial Policy

Kuku: Only Northern Leaders Can Stop Boko Haram

•   Says international terrorists now Boko Haram’s financiers

Ndubuisi Francis in  Abuja

Special Adviser to the President on Niger Delta, Hon. Kingsley Kuku, has stated that military option alone could not resolve the problem of insurgency perpetrated by the violent Islamist sect, Boko Haram; arguing that only conciliatory moves by leaders from the North-east could end the reign of terror.
Kuku said insurgency had festered because northern political, religious, traditional, and  opinion leaders, particularly those from the North-east geo-political zone failed to embark on the kind of moves by their compatriots in the Niger Delta region, which brought militancy in the oil-rich area to an end in 2009.

The presidential aide, who spoke in Abuja  at a public policy discourse on resolving the Boko Haram challenge via the adoption of lessons learnt from the resolution of the Niger Delta crisis, said the Niger Delta crisis was resolved through the sincere, committed and fearless participation of leaders  from that region.

Kuku regretted that so far, leaders from the northern part of the country, particularly, the North-east were yet to galvanise themselves and take up the gauntlet that would culminate in bringing the dreaded Boko Haram sect to embrace peace.

Arguing that military option alone may not end the orgy of violence unleashed by the sect, Kuku challenged respected, committed and trusted leaders from the North-east and other parts of the north to rise up, reach out to the insurgents with a view to ending the blood-bath and massive destruction being visited on people and property.

He recalled the roles played by President Goodluck (then vice president) and other notable leaders from the Niger Delta, who risked their lives to reach out to ex-militant leaders, which eventually resulted in the federal government’s Amnesty Programme and the concomitant peace being enjoyed in that region presently.
Kuku, who is also the Chairman of the Presidential Amnesty Programme (PAP) lamented  that  insurgency could engulf  and  destroy the whole country if not checked  urgently.

He stated that the sect was affiliated to ISIS, which was already sponsoring the insurgents, noting that this had led to Nigerians losing the command structure of Boko Haram.

According to him, this international link had culminated in the infiltration of Nigeria by insurgents from the Islamic Maghreb region, adding that this had been  given practical expression by recent arrests of the sect members .

He said all of them who were arrested by the military were of Arab descent, noting that their activities had been massively destructive since they were non-Nigerians.
The presidential aide said the bravery of the Nigerian military had continued to checkmate the rampaging insurgents, who were well-funded and armed from over-running the North-east and the entire country.

The PAP Chairman said the size of the country was a disincentive to the insurgents, noting that for Nigeria’s massive land mass, the insurgents would have wreaked havoc in more communities.

While urging leaders from the northern part of the country to collectively lead a peace initiative to stop insurgency, he also called for support from all Nigerians to overcome the crisis.

THISDAY

Feb polls: Buhari is on rescue mission —Tinubu

As the February 14th Presidential election draws near, National leader of the All Progressives Congress, APC, Asiwaju Bola Ahmed Tinubu, yesterday, said the party leadership begged the Presidential Candidate of the party, General Muhammadu Buhari to contest the 2015 election inoder to rescue the country from the present challenges.

According to Tinubu while addressing the mammoth party supporters at the Mega presidential rally held at the Teslim Balogun Stadium, Surulere, Tinubu, “the choice was meant to rescue the country from the crisis that has bedevilled its development.” He noted that the prayer of everyone before was that the country will get better and “We will not need a man like him to rule the nation. But today, we are in a great crisis. We are facing a lot of challenges.”

Tinubu, explaining the strategies adopted by those great nations in the past, said “When South Africa was facing a serious challenge, they called on late Nelson Mandella, and he was 74 years old then. And he used his wisdom to save that country.

“When America was in economic depression, they called on 73-year-old Ronald Reegan, to save their economy because he was prudent.

“Also, when Britain had problem, they called on 73-years-old Winston Churchill to rescue them and he did.

“We are calling on Buhari at this moment to rescue the nation from the crisis that has bedeviled its development.” Speaking on the merger of the three political parties that formed APC, the APC National leader stated that when “We started about three years ago, they taught that the merger of ACN, CPC and ANPP is impossible. I told them that there is a positive storm coming to change the nation.”

– See more at: http://www.vanguardngr.com/2015/01/feb-polls-buhari-rescue-mission-tinubu/#sthash.gL9KILjv.dpuf

Jonathan Not President of Ijaw Nation – PDP

• Alleged plot to postpone elections unfounded, says Presidency
• February election must hold, Benin monarch insists

Chuks Okocha in Abuja and Adibe Emenyonu in Benin City

The ruling Peoples Democratic Party (PDP) on Friday cautioned Ijaw leaders threatening war over the second term bid of President Goodluck Jonathan and added that Jonathan was not the President of the Ijaw nation alone, “but the President of the Federal Republic of Nigeria.”

Also, the Special Adviser to the President on Political Affairs, Prof Rufai Ahmed Alkali, debunked allegations by the All Progressives Congress, APC, that the Presidency and the PDP were involved in surreptitious schemes to postpone the February 14 Presidential elections.

The National Publicity Secretary of PDP, Olisa Metuh, who cautioned the Ijaw leaders during an interactive session with newsmen in Abuja, also expressed optimism that if the general election were to hold today, the party would win over 64 per cents of the total votes.

The party also warned its members and supporters against making provocative statements in their course of supporting the re-election of the President.

Metuh said: “Though the PDP should not be held responsible for all their (Ijaw leaders) comments, we caution them to be mindful of what they are saying, especially as it concerns the unity of the country. PDP is a national party.
Though the President is from Bayelsa State, but he could be loved more by the people of Anambra State than the people of Bayelsa State.  The President is not the President of Ijaw nation alone; he is the President of the Federal Republic of Nigeria.

“Even yesterday in Yola, the President said that he received more votes from the people of Adamawa State than he received from his home state, Bayelsa State. He said that Adamawa State gave him more votes than Bayelsa State, so he is not the President of the Ijaws alone.”

The National Publicity Secretary of PDP also cautioned other supporters of Jonathan to adhere to the presidential directives of ensuring that all campaigns were based on issues and not casting aspersions on candidates.

“The various support groups of the party should be cautious of what they say and ensure that they follow the dictates of the founding fathers of PDP. There is need to respect the sanity of individual privacy and human dignity and avoid issues that are personal to the families of the candidates.

“There is the need to maintain decency and ensure that campaigns are issue-based. This is how we intend our campaigns to be.”

On the evaluation of the campaigns of the party, the spokesman said it had surpassed more than 70 per cent and so far, “if the votes are cast today, the PDP would be winning with more than 64 percent of the total votes in all the elections, including the presidential election.”

Metuh who slammed the APC for making empty promises, dismissed them as unrealisable dreams.

“APC said that they would create three million jobs and pay benefits to the unemployed people. But the PDP is asking: How will they finance these projects that they are promising? These are nothing but empty dreams. We view these promises as mere mirage. The campaigns of the PDP have exposed their mirage and the insincerity of their campaigns.

“The APC said that they would end insecurity and insurgency in the country within three weeks and PDP would like to ask: Did the APC start the insurgency. Are they magicians or voodoo politicians?”

The PDP spokesman said Buhari was already weary of the campaigns and willing to pull out, stating that his body language was indicative that he was tired. According to Metuh, “It is because of the body language of Buhari that he is tired that the APC is accusing the PDP of plotting to shit the presidential election. The body language of Buhari is that he is willing to concede defeat; that is why the APC is claiming that PDP wants to shift the election.

Alleged plot to postpone elections unfounded, says Presidency…
Special Adviser to the President on Political Affairs, Prof Rufai Ahmed Alkali has debunked allegations by the APC that the Presidency and the PDP were involved in surreptitious schemes to postpone the February 14 Presidential elections.

In a press statement issued in Abuja, Alkali said rather than the Presidency and PDP, it is the APC through their members and supporters that had been doing everything possible to frustrate the conduct of a free and fair electoral process.
He alleged that the APC had been breaching the Abuja Peace Accord which all the presidential candidates subscribed to with impunity.

He emphasized that Jonathan had been receiving unprecedented support since he embarked on the nationwide campaign and “he is fully prepared for the election with the PDP.”

Alkali added: “From our tours and the unprecedented outpour of goodwill, we are confident of a wider margin of victory than ever before. We are ready and fully prepared for this election.

“We wish to assure Nigerians that the President is committed to a peaceful and successful conduct of the February 14 polls and will not be distracted by tissues of lies and cocktails of deceit from people who have run out of ideas on how to move our country forward.”

February Election Must Hold, Benin Monarch Insists…
Meanwhile, the Benin monarch, Omo N’ Oba N’Edo Uku Akpolokpolo said in Benin that protagonists pushing for the postponement of the February 14 general election were only calling for anarchy, insisting that election must take place as scheduled by the Independent National Electoral Commission, INEC.

He also warned those making inflammatory statements to desist from heating up the polity while predicting that the election will be peaceful in spite of the beating of drums of war by politicians.

The Oba spoke at a press conference through the Benin Forum, an apex body of the Benin people. It was addressed by its Chairman, Chief David Edebiri.

The forum expressed satisfaction with the way and manner the major political parties in Edo South Senatorial District have conducted themselves.

14,000 PVCs Snatched By Hoodlums in Rivers, Says INEC

Permanent Voter’s Cards (PVCs)

Ernest Chinwo in  Port Harcourt

The Independent National Electoral Commission (INEC) has said hoodlums forcibly snatched about 14,000 Permanent Voter’s Cards (PVCs) from officials of the commission during the collection exercise in Rivers State.

The state Resident Electoral Commissioner (REC), Mrs. Gesila Khan, made the disclosure while speaking to journalists in Port Harcourt on Friday.

She said some of the cards were stolen from local government collection centres where the PVCs were deposited at the close of the collection exercise to enable the rightful owners pick them up at their own time before the elections.

Khan also said over 50,000 PVCs would be distributed to their owners before the general election, adding that more than 80 per cent of the registered voters in the state have collected their PVCs.

She stated that her office received 2,990,056 PVCs and distributed 1,869,379.
The resident electoral commissioner, who expressed dismay at the action of the hoodlums, expressed regret that Rivers State recorded one of the highest cases of stolen PVCs in the country.

Her words: “I am appealing to Rivers people because we have lost a lot of cards. We have lost more than 14,000 PVCs and it is one of the highest figures in the federation.

“All the cards that are being snatched are useless and meaningless because we are going to use a new system called card readers.  Your card readers are just like ATM cards. You take it there and they slot it into the card reader to confirm if it is yours before you are allowed to vote.

“So, if you go there with another person’s voter’s card, it is meaningless. So, I am advising those of you with other peoples’ cards to return them to the local government offices so that the rightful owners can collect them so that they can participate in the general election”.

“Polling officer will, on the presentation of the PVC by an electorate, slot the card into the card reader to confirm if it belongs to you. The next stage is the confirmation of your finger prints by the card reader before you are allowed to vote. If you go to the polling booth with someone else’s card, you would not be able to vote because each card is unique and can only be authenticated by the real owner. The PVC’s are meaningless to those who have stolen them”.

Mrs. Khan further emphasised: “The PVCs are beyond registration; the cards are beyond voting. People now use these cards in the banks as a means of identifying themselves. All those who snatched these cards should please take them to the designated collection centres so that we can give them to the rightful owners so that the rightful owners can use them during the elections to perform their legitimate civic duties”.

Khan further warned politicians that it would be doubly difficult for them to rig the forthcoming election either through ballot box snatching, ballot box stuffing or the writing of bloated election results in hotel rooms or the homes of influential politicians.

She explained that ballot papers and result sheets for each of the 23 local government areas in the state would be coded and had also been printed in colours that could be traced to each local government. Mrs. Khan assured that the 2015 election would be peaceful because of the cooperation among INEC, police and other security agencies in the state.

THISDAY

Debate: APC Shielding Buhari’s Intellectual Laziness, – Fani-Kayode

Chief Femi Fani-Kayode

•    UPP: Boycott, a great disappointment

Chuks Okocha in Abuja

Peoples Democratic Party, PDP, Presidential Campaign Organisation said on Friday that the decision by the APC not to participate in the presidential debate being organised by the Broadcasting Organisations of Nigeria (BON) was simply to shield from Nigerians and the international audience its candidate, General Muhammadu Buhari’s “intellectual laziness and inability to constructively engage contemporary national issues in a live television and radio debate.”

The presidential candidate of the United Progressive Party (UPP), Chief Dr. Chekwas Okorie also described the decision of the former Head of State, General Muhammadu Buhari (rtd.) not to participate in the presidential debate as a great disappointment.

Director of Media and Publicity of the Campaign Organisation, Chief Femi Fani-Kayode stated that the APC knew that General Buhari “will flunk it if he is subjected to the rigours of debate on issues of national governance and development.”

Fani-Kayode said he was aware that the APC had already expressed its concerns, when approached by an international news channel for a debate, about the intellectual acumen of General Buhari and had assured the news channel that it was only comfortable with its vice presidential candidate, Prof Yemi Osinbajo, who has capacity to feature brilliantly on the programme.

Fani-Kayode said: “We have just read a report in the media credited to the APC Presidential Campaign Organisation that the party would not allow its candidate, General Muhammadu Buhari, to participate in the radio and television presidential debate organised by the Broadcasting Organisation of Nigeria (BON).

“The APC accused the organisers of the debate of unhidden bias and campaign of calumny by some key organisers of the programme against the corporate political interest of the party and its candidates.

“Whilst we will not bother ourselves with the many reasons adduced by the APC, we wish to state that we see the APC decision as an attempt to shield its presidential candidate from displaying his intellectual laziness and inability to constructively engage contemporary national issues in a live television and radio debate.

“We had envisaged that the APC would be reluctant to expose General Buhari to the rigours of a live television debate because the opposition party knows that its candidate will flunk it. If the APC truly believes that it is a party of progressive intellectuals as it claims it should allow General Buhari to prove that at the debate.

“Should the APC fail to participate in the debate, it would also show the disdain both the party and its candidate have for the Nigerian people, denying them the opportunity to make informed choices on the basis of what each candidate will articulate as propositions on issues that will be raised.

“We are convinced that General Buhari does not have what it takes to sustain a coherent argument on germane issues of governance and development.

“We challenge General Buhari to a debate on any national and international medium of mass communication and our candidate, President Goodluck Jonathan will be ready to participate.

“On the other hand, President Jonathan’s running mate, Vice President Namadi Sambo is also ready to participate in the debate and any other debate. Our presidential candidate and his running mate will not raise flimsy and escapist excuses such as “unhidden bias” and the like, since we believe that they are well-rounded intellectuals who have been prepared by their experience in office to answer any question under the sun on the governance of our nation.”

UPP chides Buhari over boycott of presidential debate…

The presidential candidate of the United Progressive Party (UPP), Chief Dr. Chekwas Okorie yesterday described the decision Buhari not to participate in the presidential debate as a great disappointment.

Okorie in a statement said the presidential debate was a unique event in the current development of democracy in Nigeria that should be encouraged and not boycotted.

“The news that the APC presidential candidate, General Buhari, will not participate in the scheduled debates is a great disappointment,” Okorie said.
In the statement signed by the Director-General of his campaign organisation, Dr. Ugorji Okechukwu Ugorji, the UPP flag-bearer urged Buhari, “to reject his advisors’ voices and show up for the debate”.

Among the reasons given by the APC for boycotting the presidential debate organised by Nigeria Election a Debate Group (NEDG) debates scheduled for February 8, 2015 was the composition of its board.

However, Okorie said he did not find the rationale given by the APC for withdrawing from the debates convincing.

The UPP Presidential candidate said: “It is an encounter that the UPP candidate had looked forward to because the match-up was consistent with independent polling around the country that identified President Jonathan’s PDP, General Buhari’s APC, and Chief Okorie’s UPP as the three most serious contenders in the highly anticipated general elections to choose Nigeria’s next president for a four-year term.

“The Chekwas Okorie Presidential Campaign Organization (COPCO) believes the leadership of the most significant and largest democracy on the African continent should not be acquired by avoiding what may be difficult questions. My Vice Presidential candidate, Barrister Bello Umar (SAN) and I are ready for the debates

“I urge my compatriot, General Buhari, to reject his advisors’ voices and show up for the debates.  That is what the nation and the international community expect of him.”

THISDAY