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OPINION: The Certificate Elephant In Abuja

By Lasisi Olagunju
The Charleston Gazette was an American newspaper that was born in 1907 but stopped bearing that name in 2015. One of the newspaper’s 1952 editions contained a piece with a clause that may have been written for Tinubu’s Nigeria: “Chicago, that’s an old Indian word meaning ‘get that elephant out of your room’.” Someone said coincidence is God’s way of remaining anonymous. I would say that this ‘Chicago’ sentence perfectly fits into Nigeria’s current basket of trouble. There is no way you’ll be a user of the English language and you won’t have come across ‘an elephant in the room.’ The first time you heard or read it, you probably wondered how the elephant got into the room in the first place. My English teachers and my dictionary told me that ‘an elephant in the room’ points at a major problem or a solution or a matter, knotty and controversial; manifest and obvious to everyone but is deliberately ignored or avoided for discussion by everyone because it is a taboo or a potential source of trouble or sorrow or embarrassment.
The biggest questions among President Bola Tinubu’s family and friends should be: Why again? And who was the enemy within who procured the contentious “replacement certificate” for him? Those questions are very big, like an elephant, the biggest land animal the world has yet seen. Yet, it is possible for it to be present and remain unseen, particularly if the world is scared of the consequences of seeing it. It is ‘see no evil, hear no evil’ around the president. That is the definition of loyalty in imperial palaces. No one around Abuja is asking the right questions; no one in Abuja is offering the right answers because nobody wants to be quoted as saying the wrong things and losing influence in the royal court. No one is telling the president the truth that this Chicago certificate problem is a real problem. They are clapping for the naked king and abusing the critical bard. Why would a supposedly wise man fall twice at the same spot? The first time was when he contested and won the governorship of Lagos State, and now this – right in the centre of the world market.
Tinubu spoke with so much confidence at Chatham House on December 5, 2022. He mocked his critics as he announced that he had collected a replacement copy of his degree certificate from the Chicago State University. An applause followed that announcement. But that university last Monday said on oath that Tinubu did not collect his degree certificate from the institution. So, where and how did our president get what he announced in London? After his technical escape from Gani Fawehinmi in 1999/2000, he was not expected to play games with certificates again. He said he had got the replacement certificate from the issuing authority, the school. But there is nothing on record showing that he travelled to the United States to personally collect the certificate from the university. The big man probably sent someone, and who could that be? And if the person faked the stuff without his knowledge, why did he do that to our president? Now, the whole world knows that what the president holds is not from the university; it is a counterfeit made by characters who would easily con Ali in ‘Ali and the Angel.’
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Everyone around the president is saying the same thing: how a certificate is procured does not matter. They endorse what they themselves won’t accept from anyone. No one among the president’s men is seeing the big elephant in the Villa.
People who deceive kings don’t speak to problems; they avoid them. Why fake a certificate you supposedly earned? That is a question we are asking on this side which Tinubu’s men dare not ask. A friend who said she was sure Tinubu schooled at the Chicago State University asked the question, sighed and said it was “deeply puzzling.” I can’t understand it either. You claimed that you were in that school and the university swore that you were their student. The university claimed that you applied to the school for a certificate. You did not go pick that copy up but when it was time to submit one to INEC, you went to a fake certificate website and printed one! Who did that to you? Even then you had other options; our law does not make having a university degree mandatory for eligibility for elective positions, including the presidential post. All you needed was “educated up to school certificate or its equivalent.” We may not have ever seen your O’ Level results/certificate but we saw a copy of an A’ Level certificate among the many documents released by Chicago State University to Atiku Abubakar last week Monday. The certificate with number 28705 for November/December 1970 bears your name: Bola A. Tinubu with Physics, Chemistry and Biology recorded for you and it says you passed the three subjects. Why did you not simply submit that Cambridge A’ Level certificate to INEC and avoid this Chicago certificate wahala completely? It is puzzling. I am sure the people around the president are humming these questions but they are afraid to ask him. It is political and financial suicide to tell the king that his nose is mucky.
No one is telling the president that the present issue is not whether or not he schooled in Chicago State University and graduated. No one has told him that the issue is that he submitted to INEC a certificate that was not produced by the authority that had the legal authority to produce it. The raging issue is not about what qualified him for the election; it is about what disqualified him. I read some persons of knowledge arguing that anyone could print a certificate as long as he earned the qualification. The ones I argued with, I told them that would be a criminal offence under our laws. One of them told me I was wrong. He likened my argument to someone being accused of stealing their own property. And I found that funny too and told him so. I told him he could be found guilty of theft of a property even if he was the owner. I told him to ask lawyers and ask the Supreme Court.
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Our constitution and the Electoral Act say anyone who has ever submitted a forged certificate to the electoral commission is disqualified from all elective positions in Nigeria. And, our Supreme Court has said ‘certificate’ goes beyond educational certificates. A document is deemed forged when the maker is not the authority statutorily empowered to make it, or it contains falsely made or procured content. The Black’s Law Dictionary defines ‘forge’ as “to fabricate, construct, or prepare one thing in imitation of another thing…to counterfeit or make falsely.” And counterfeit means “to forge; to copy or imitate, without authority or right, and with a view to deceive or defraud, by passing the copy or thing forged for that which is original or genuine.” ‘Forgery’, according to the dictionary, is “falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability.” Our criminal laws adequately capture these definitions in their provisions against the crime of forgery. In Chicago’s United States, what the courts have said there are not different from what our law says here. In the case of Moskal vs United States (1990), the Supreme Court held that a “falsely made” document includes a document which is genuinely what it purports to be, but which contains information that the maker knows to be false, or even information that the maker does not know to be false but that someone who causes him to insert it knows to be false. The certificate which our president submitted to INEC contains signatures of persons who were not where the document says they were when it was made. The document is dated 1979 but Tinubu did not claim losing the original certificate in 1979 so the replacement could not have been made in 1979. The people who signed it held no position in that university in 1979 but the document says they did. The legal authority that should issue it says it never did.
‘The Emperor’s New Clothes’ is an old story we’ve read in adaptation. In some places, the story says: ‘The King is Naked.’ While something tells me Tinubu may not have personally ordered that a certificate be downloaded and printed for him from the Internet, I am, however, shocked that neither he nor any of his famed smart boys saw the obvious errors on the face of the document before it became a snake in the bed of power. The man may have mismanaged himself in the past but with that document, his present managers have done him “irreparable damage.” If he had real friends around him and they saw what he held, he wouldn’t be caught wearing magnificent nakedness as his royal robe. I know you’ve heard or read ‘The Emperor’s New Clothes’; it is the cultural equivalent of Tinubu’s new certificate and the consequences of its creation. The story is of an emperor who conned himself into nakedness and danced nude through the length and breadth of his empire. I give the credit of the lore to Danish folklorist, Hans Christian Andersen, who wrote the original story, and of the borrowed paragraphs to Jean Hersholt who rendered its translation in English so that you and I could benefit from its lessons. It is the story of an emperor who loved great clothes and would give anything to have the latest in town. The emperor in the story loved dresses and coveted being celebrated as the greatest strategist in town. One day, the smart emperor received two swindlers as guests. They told him they were weavers of the finest fabrics anyone could get. More importantly, they told the emperor, in the presence of his people, that the cloth they would make for him would be invisible to any one among the people, especially his ministers, who was a fool and too stupid to hold a public office. The emperor loved that. “Those would be just the clothes for me. If I wore them I would be able to discover which men in my empire are unfit for their posts. And I could tell the wise men from the fools.”
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The emperor paid the two swindlers a large sum of money to start work at once. The ‘weavers’ set up two looms and pretended to weave, though there was nothing on the looms. The whole town knew about the cloth’s peculiar power, and all were impatient to find out how stupid their neighbors were. The people trooped there, saw nothing but praised what they saw. Then the Emperor himself came out and went to his miracle workers. The dress was ready, the emperor saw nothing but because he mustn’t be said to be stupid, he said what he saw was magnificent. The conmen dressed him up in fakery. “His Majesty looks great,” he got praised by everyone around for the beauty of the nothing he was putting on. That was how the emperor was clothed in nakedness and led in a procession round the town. Then the voice of a little boy rang out in the market square: “But he hasn’t got anything on.” One person whispered to another what the child had said, “He hasn’t anything on. A child says he hasn’t anything on.”
“But he hasn’t got anything on!” the whole town cried out at last.
The Emperor shivered, for he suspected they were right. But he still decreed that “this procession has got to go on.” And the emperor walked more proudly than ever round the town, in utter nudity.
The king is naked. If you are truly his friend, tell him.
News
Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria
Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.
Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.
He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.
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“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.
He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.
“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.
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“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.
DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.
News
IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police
The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.
Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.
Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.
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“All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”
On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.
“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”
News
Court Orders SERAP To Pay DSS Operatives N100m For Defamation
The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.
The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.
Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.
Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.
The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.
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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.
The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.
The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.
In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..
Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.
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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.
The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.
However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.
She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.
Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.
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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.
Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.
The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.
The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.
The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.
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John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.
They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.
The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).
John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.
“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”
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They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.
The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.
“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.
“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.
“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”
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