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.

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.

But in a statement made available to The PUNCH on Monday, 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.

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 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.” 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"

https://punchng.com/diaspora-donation-to-obis-campaign-not-unlawful-lawyer/

This specially meant for Obinoscopy to allay his fears/concerns for Peter Obi on his post that was featured on the frontpage recently.

Educate them please

Peter Obi should be careful ooh before supreme Court will interpret it differently. Imo state on my mind.

Noted.

How will Tinubu urchins understand this now....

They already Sound stupid defending him ... How would they be able to dissect and Sound after seeimg this...

This lawyer is very wicked... He want the urchins to sound more stupid....Since the Lawyer comes from that region, playing the tribal card is out of the question...

Obi should go and campaign for the president of the east. We are dividing Nigeria.

He should stop this waste of time under a party with no governor or house of rep member. Which constitution is he willing to use for his governance.

All these noise is waste of time, let him campaign as the president of the east not of Nigeria

Peter Obi and the Labour Party just wants to cash out on this ‘Obi-mania’ affair.

Hope they will not bite more than they can chew...they should not allow the Supreme Court to interpret the constitution for them o.

This is a silly interpretation that cannot withstand any legal scrutiny. Peter Obi is the candidate of Labour Party and both cannot be legally separated for the purpose of the election. Political parties are made up of people and as such, the law is applicable to all members of the party. Diaspora donation to Peter Obi is the same as diaspora donation to Labour Party. Obi better be properly guided before mischievous lawyers put him in trouble.

We must win this war

Tinubu urchins have been crying over this matter since yesterday.......

Obidients constantly punching Tinubu agbado munching baboons

Below is how Peter Obi is gonna give your child a future unlike the criminal Tinubu stealing from your child's future.

A huge disappointment in APC camp. Obi on your mandate we stand sir. The voice of the people is the voice of God. We move.

seunmsg:
The is a silly interpretation that cannot withstand any legal scrutiny. Peter Obi is the candidate of Labour Party and both cannot be legally separated for the purpose of the election. Political parties are made up of people and as such, the law is applicable to all members of the party. Diaspora donation to Peter Obi is the same as diaspora donation to Labour Party. Obi better be properly guided before mischievous lawyers put him in trouble.

I heard this opinion from many sources today including Arise tv and they all confirmed Obi as a candidate can receive donation from diaspora, even political party can but it must not exceed 5b & must be remitted to Inec after 21 days. So no law has been contravened so far & even if, the offense itself is not disqualification rather a fine of 1m.

Vb

Po should play carefully, cause the opposition certainly would exploit this

It's not unlawful. Anybody can decide to call for voluntary donations to whatever cause they are pursuing. Whoever has the capacity can make donations to the best of their ability. Then the organisers can decide to cash out big time from the donations made.

Whom God has blessed, no man can curse.

Peter Obi is the man, the people want not a man whose true identity is unknown.

APC hired Senior Advocate of Nonsense. They should come and learn.


Labour party can still be funded without breaking the law.

Nigerians in diaspora have been remitting money. Remittance is nothing new.

Labour party should not open any foreign bank account.

Those abroad that want to fund labour party should use a proxy. Get a trusted person that resides in Nigeria who is not a card carrying member of Labour party. Send the funds to the person.

Those in diaspora can pay directly to service providers. Example: Mr A in USA can get in touch with an advert agency in Nigeria and pay them to place jingles on Radio stations.




Ngozi Okonjo Iwela is in USA, she has USA bank account and Nigerian bank account. If Ngozi uses her Nigerian bank account to fund Labour party, is it breaking the law?

With blockchain, you can never stop Labour party from being funded.

All of a sudden, they are scared of Labour Party. A party that has no structure. How can you trace financial transactions of a body with no structure? No be juju be that?

Yahoo Yahoo Candidate

As e de sweet us, e de pain them
As e de pain them, e de sweet us


Pepper them, Obi pepper them o
Pepper them, Peter pepper them o...


If you know this song, you are a comrade

Nice

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2023 if you no vote Obi waiting you GAIN.
Everything that they have said and done against PETER OBI has been turning around for HIS GOOD.

Popularity keeps INCREASING.

Vote Labour party
Vote Peter Obi.

Let Tinubu urchins be talking rubbish since they have nothing to campaign with for there drug lord, Bola Tinubu

Obi is unstoppable

The 2023 Presidential election is between Peter Obi and Alhaji Atiku

K

The Festus Ogun who wrote this stupid legal opinion was called to the bar last year. If anyone thinks this kindergarten legal opinion is the correct position of the law, no problem.

When the time comes, you will see the consequences. Let them keep collecting donations from foreign donors. Stupid Agulu thief collecting money as if he's running an NGO.

Atiku makes most of his presidential campaign from money sourced from his investments outside Nigeria.

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