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

Festus Ogun, a human rights attorney, has said that the proposed diasporan contributions to Peter Obi’s presidential campaign are entirely acceptable.

This was in response to some parties calling for the Labour Party presidential candidate to be disqualified from the general elections of 2023 as a result of the decision to solicit donations from Nigerians living overseas.
They claimed that the proposal is unconstitutional because it violates the terms of the Electoral Act of 2022.

Festus, though, defended payments made to any politicians running for elective office in a statement made accessible to journalists on Monday, saying that it didn’t break any Nigerian laws.

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.

“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.”