Rights lawyer justifies Diaspora donations for Peter Obi, says no law violated

Human Rights Lawyer, Festus Ogun, has described the proposed diasporan donations for Peter Obi’s presidential campaign as wholly legitimate.

This came as a reaction to some groups seeking the disqualification of the Labour Party presidential candidate from 2023 general elections as a result of the move to seek funds from Nigerians abroad.

They argued that the proposal stands contrary to the provisions of the Electoral Act 2022 and thus unconstitutional.

However, in a statement made available to journalists on Monday, Festus justified donations made to any candidates seeking electoral offices, adding that it didn’t violate any law in Nigeria.

The statement read: “Following the pledge of a Diaspora Support Group to crowdfund $150m 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.

Read also:Peter Obi warns CBN to end fixed foreign exchange rate

“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.

“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.”

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now