Human rights lawyer and principal of Festus Ogun Legal, Festus Ogun, has noted that donations by Nigerians in the diaspora for the presidential candidate of Labour Party, Peter Obi, do not violate any law in Nigeria.
BASIC FACTS
- A legal practitioner has said it’s not illegal to have diaspora donations for elections.
- This is following the desire of Nigerians in Diaspora to donate to Peter Obi`s campaign fund.
- Following this desire of Nigerians abroad, some opponents of the Labour Party presidential candidate have called for his disqualification.
WHAT WE KNOW
Following outcry from some quarters against the desire of Nigerians in the diaspora to be financially involved in the election bid of Labour Party Presidential candidate Peter Obi, a Human rights lawyer has come out to lend his weight to the moves by the diaspora Nigerians, describing the act as in line with the law.
This was in reaction to a call by some groups for the Independent National Electoral Commission to disqualify Obi from the 2023 presidential race for allegedly seeking funds abroad, contrary to the Electoral Act.
In a statement made available to media on Monday, Festus Ogun 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.
Mr. Ogun categorically stated in the statement the attempt to crowdfund Peter Obi campaign to the tune of $150m is not in violation of any known law in Nigeria.
NOTABLE QUOTES
In the statement titled, ‘Diaspora Donation to Peter Obi Campaign Violates No Law In Nigeria` Mr. Ogun noted:
“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.
“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.”
“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.”
COMMENTARY
Clariform reports that Mr Peter Obi of the Labour Party has become the darling of many Nigerians home and abroad since his declaration to run for the nation`s top job in the 2023 election.
Some Nigerians in the USA hosted the Labour Party Presidential candidate from last Wednesday to the weekend. The town hall meeting in the USA was a follow up to others held in Germany and other cities in Europe.
The meetings has led the diaspora citizens willingness to be involved in the campaign of Mr. Peter Obi. However, the above have not gone well with members of the opposition who has called on the INEC to disqualify Obi for that.
It is a good thing that Nigerians in the diaspora are showing interest in who becomes Nigerian president. This no doubt will translate to a robust debate and deepening of democracy.
This new drive by Nigerians in the diaspora in the electoral process in Nigeria is indeed a welcome development. It is happening notwithstanding the fact that the law does not currently permit their direct participation in the voting process.
Clariform notes that this position forced on Nigerians in the diaspora is contrary to what is happening in some other African countries, all of which are smaller than Nigeria in many respects.
We will therefore, ask the Independent National Electoral Commission (INEC) to rise to the occasion and tow the commendable fit already achieved by countries as small as Ghana and Kenya.
INED should immediately begin to lay down the groundwork, if not in the 2023 elections, at least begin now to think of how to allow Nigerians everywhere participate in the voting process as soon as possible.
We can learn from other democracies around the world, and with the use of technology devise means to allow diaspora voting without rancor, while curtailing every form of manipulation of votes in the process.
