Human rights lawyer, Festus Ogun, has noted that donations by Nigerians in the Diaspora for the presidential candidate of Labour Party, Peter Obi, do not violate any Nigerian law.
This was in reaction to a call by a group under the aegis of Tinubu-Shettima Connect urged INEC to disqualify the presidential candidate of the Labour Party, Peter Obi and his running mate, Ahmed Baba Datti from the 2023 presidential race over alleged violation of the Electoral Act on campaign funding.
The group also vowed to begin a legal action to prevent the Labour Party from participating in the 2023 presidential election for engaging in activities that contravene the Electoral Act 2022.
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But in a statement made available to journalists on Monday, Ogun who is also the principal of Festus Ogun Legal, stated that the donations made by support groups for any candidate’s campaign did not violate the Electoral laws or any other law in Nigeria.
The statement titled, ‘Diaspora Donation to Peter Obi Campaign Violates No Law In Nigeria (1)’ read, “Following the pledge of a Diaspora Support Group to crowd-fund $150 million for Peter Obi’s campaign, concerns are raised in some quarters over the legality and constitutionality of Diaspora donations made in respect of Mr. Peter Obi’s Campaign.
“In fact, some groups reportedly called on the Independent National Electoral Commission to ‘without delay,’ disqualify Mr. Peter Obi, the Presidential Candidate of the Labour Party, from the 2023 Presidential race.
“To be clear, donations made by concerned citizens and support groups (either in Nigeria or in the Diaspora) to Peter Obi and his Campaign Team are not in violation of any living law in Nigeria.
“Those who hold otherwise rely largely on Section 225(3)(a)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) and Section 85 of the Electoral Act, 2022. With greatest respect, these provisions of law are generally inapplicable to this instant case, and those who rely on them to demand from INEC the disqualification of Mr. Peter Obi, which is itself laughable, are either mischievous or misconceived.
“Section 225(3)(a)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) provides that: ‘No political party shall hold or possess any funds or other assets outside Nigeria; or b. be entitled to retain any funds or assets remitted or sent to it from outside Nigeria.”
“A careful consideration of the sections of law reproduced above shows that the 1999 Constitution simply prohibits a POLITICAL PARTY from holding or possessing any funds or other assets outside Nigeria and from retaining any funds or assets remitted or sent to it from outside Nigeria. The Electoral Act, by virtue of Section 85, only complements the constitutional provision by prescribing punishment for its breach,” Ogun further explained.
He added, “Having cleared that, it is safe to say that donations made to Mr. Peter Obi or his Campaign Organization in furtherance of his Presidential Campaign cannot be said to be made to a Political Party as envisaged under 225(3)(a)(b) of the 1999 Constitution. Neither Mr. Peter Obi nor his campaign Organisation is a ‘political party’ and must not be mistaken or confused for Labour Party, a duly registered political party under the law. It would have been a different ball game entirely if the donations were made to Labour Party as a political party.
“Donations made to political candidates or their campaign teams are not caught under 225(3)(a)(b) of the 1999 Constitution and Section 85 of the Electoral Act and are therefore not illegal and unconstitutional.”
Abubakar Malami, Abike Dabiri’s legal miasma
Abubakar Malami, Nigeria’s Minister of Justice and Attorney-General in a social media post warned that “Any Nigerian who lives abroad, funding the campaign of Peter Obi shall be arrested. It is against our electoral laws”
“One thing Nigerians who based abroad failed to understand is that they cannot stay there and detect to us how to govern our country. Someone will seat in United States of America and be telling us what to do and what not to do as if we don’t know what we are doing in this country.
“If you violate the electoral law, you will face the penalty squarely and we will do everything within our power to prosecute both you and the candidate you are funding his campaign.
“We’ve received a signal that some individuals, mostly Nigerians living abroad have taken it upon themselves to fund the campaign of Mr Peter Obi who’s the Presidential candidate of the Labour Party in the forthcoming Presidential election.
“What these individuals failed to understand is that Nigeria is a democratic nation governed by democratic rules and regulations. It is against the electoral act for those living abroad to sponsor any candidate in an election. Those involved should desist from such act or have us to contend with. We will resist it by all means. Such fund cannot enter Nigeria. Although we have put measures on ground to apprehend those who will get themselves involved in such an act.”
The Chairperson, Nigerians in Diaspora Commission, Abike Dabiri-Erewa, however, cautioned the Diasporans against flouting Nigerian laws in their efforts to raise campaign funds in support of presidential candidates of their choice.
