AGE IS NOT A CONSTITITIONAL BAR TO CONTEST FOR NIGERIAN PRESIDENCY

Age is not a Constitutional Requirement to contest the Nigerian President. If a 100 Years Old Man decides to Contest for the Office President of Nigeria, It is within his Constitutional Right. This Right is undoubtedly Sacrosanct and Inalienable. For the avoidance of any doubt the requirement for an aspirant for the Presidency of Nigeria is plainly spelt out in Section 131 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended and altered) which reads as follows:

“person shall be qualified for election to the office of the President if -
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of forty years;
(c) he is a member of a political party and is sponsored by that political party; and

(d) he has been educated up to at least School Certificate level or its equivalent".

It is pertinent to mention that the Constitution is the Fundamental and Basic and Supreme Law, indeed the grundnorm. It follows that any other Law or Regulation which is inconsistent with the provisions of the Constitution is void to the extent of its inconsistency.

Section 1 subsections (1) (2)(3) of the Constitution baldly asserts thus:

“(1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void".

It stands to reason that the only thing to stop the candidacy of the "upright" General Muhammadu Buhari is the amendment of Section 131 of the Constitution to make "old" age a bar to aspiration to be President. Otherwise the proponents of Buhari should not contest on the ground should spare us. It is irrelevant, academic and hypothetical. Old age has never being a disincentive to Leadership. The Chinese Leadership that turned that country from backward and undeveloped to a World Economic and Military Power within a span of 60 Years was "old" but yet visionary.

The Great Chief Jeremiah Obafemi Awolowo (SAN) contested for the Nigerian Presidency in 1983 at the age of 72 or there about. The Zik of Africa, the Pan-Africanist, Dr. Benjamin Nnandi Azikiwe contested for the Nigerian Presidency in 1983 when he was already 76 Years Old. So there is a Nigerian precedent.

The Iconic Nelson Mandela contested for the Presidency of South Africa at the age of 71 Years in 1994. President Ronald Reagan of the United States of America was elected President at the age of 70 in 1981. Reagan was re-elected again in 1985 at the Age of 74 Years. He remained President until 1989 when he was 78 at the expiry of his term. The current President of the West African State of Guinea, Alpha Conde is 73. He was born on the 4^th March, 1938. He was elected President at 74 Years. He was born on the 12^th May, 1942. Alpha Conde had previously unsuccessfully contested presidential elections in 1993 and 1998 respectively. He was elected eventually in 2010. He had been the longest standing opposition leader in Guinea before he was elected in 2010.

President Jacob Zuma of South African is 70. It is likely that President Zuma will seek tenure when the current one expires. One for the top contenders for the presidential run of is Ahmed Mohammed Shafiq. He was born in November, 1941 which makes him 71 Years old. Ahmed Shafiq has been Commander of the Egyptian Air Force (1996-2002); Prime Minister (31^st January, 2011-3^rd March, 2011) and Minister of Civil Aviation (18^th September, 2002-31^st January, 2011). So there are numerous International Precedents.

We should allow the Nigerian Electorate to decide whether or not they want a President who is 74 Years old. This is the only democratic way to settle this issue.

If Buhari decides to contest for Nigerian Presidency from now until his death it is within the limits of his constitutional right. If Buhari decides to be the Nigerian version of Ralph Nader of the United States of America, it is his cup of tea. Buhari phobia should spare us. There are so many issues they can engage us on. Anybody who suggests that Buhari should not contest on ground of age is a pseudo democrat. Anybody who is ire by the fact that Buhari has contested in 2003, 2007 and 2011 should go and read about the electoral travails of Abraham Lincoln, the 16^th President of the United States of America we are told contested election many times before he won.  

OKOI OBONO-OBLA