₦airaland Forum

Some lawyers, including Senior Advocates of Nigeria, have called for the prosecution of the Peoples Democratic Party and those who donated over N21. 27bn towards President Goodluck Jonathan’s electioneering.

They said in separate ineterviews with The PUNCH on Tuesday that the donors breached the Electoral Act by exceeding the limit stipulated by the Act.

Section 91(9) of the Act reads, “An individual or other entity shall not donate more than N1,000,000 to any candidate.”

Sub-section 10 of the same section adds that a presidential candidate “who knowingly acts in contravention of this section commits an offence and on conviction is liable to a maximum fine of N1m or imprisonment for a term of 12 months or both.”
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Section 91(2) of the same Act states that, “The maximum election expenses to be incurred by a candidate at a presidential election shall be N1bn.”

The lawyers – Prof. Itse Sagay, Femi Falana, Emeka Ngige, Mr. Jiti Ogunye and Monday Ubani – said the Peoples Democratic Party dinner/fund-raiser on Saturday was the height of impunity by the ruling party.

While Sagay said the whole exercise was suspicious, Falana and Ogunye argued that the PDP and the donors needed to be punished to serve as a deterrent to others.

Falana, a SAN, said both the President and the PDP also violated the section of the Act which pegs expenses for presidential campaign at N1bn.

He said while the President could be spared from prosecution because of the immunity he currently enjoys, the PDP should be tried and the money in excess of N1bn forfeited to the Independent National Electoral Commission.

He said, “It is the height of impunity by the ruling party. The maximum election expenses cannot exceed N1bn by virtue of section 90 of the Electoral Act.

“The PDP and President Jonathan have violated the law. The President enjoys immunity but the PDP is liable to prosecution and if convicted the fine is N1m while any amount which exceeds the prescribed limit shall be forfeited to INEC.”

Falana, who urged INEC to implement the provisions of the law, added that “the impunity was promoted by former President Olusegun Obasanjo, who extorted huge sums from government contractors and departments for election and the so-called presidential library.”

Ogunye took a similar stance and asked the police and the Economic and Financial Crimes Commission to commence immediate investigation.

He said, “This is the time for the EFCC and the police who have the time to be harassing people doing their job at the National Assembly, to do their job.

“The recipient must be made to return the excess they collected. The case of conspiracy has been established against the donors who exceeded the N1bn limit prescribed by the law.

“Even if the recipient has not spent the money on the campaign, there is a case of obtaining by false pretences.

“The EFCC and the police should investigate and prosecute the donors immediately because whichever way there is illegality.”

To Sagay, who is also a senior advocate, the donors needed to explain to the world how they acquired the money they donated to the President’s campaign.

He said, “According to the Electoral Act, the maximum amount meant to be raised for presidential election is N1bn. Secondly, all the donors have to explain to this country how they acquired such money so that we are sure that it is not state money that is being recycled as campaign donation.
culled from http://www.punchng.com/news/lawyers-demand-pdp-donors-trial/

Playing to the gallery.

How much was spent on APC convention/presidential primaries?

Its a game of war chest and Aliko has not yet donated. Brighter days are ahead.

The donations were made to PDP as a party and not to a candidate. PDP is not a candidate as provided in the Act. All over the world, parties are funded through donations from members and interest groups. These lawyers should know better. But there are playing to the gallery.

dunkem21:
Playing to the gallery.

How much was spent on APC convention/presidential primaries?

Its a game of war chest and Aliko has not yet donated. Brighter days are ahead.

did you bother to read the content of the news at all?

Section 91(9) of the Act reads, “An individual or other entity shall not donate more than N1,000,000 to any candidate.” Sub-section 10 of the same section adds that a presidential candidate “who knowingly acts in contravention of this section commits an offence and on conviction is liable to a maximum fine of N1m or imprisonment for a term of 12 months or both.”

show us where pdp convention or primary was mentioned.

@topic! Jonathan has been romancing the gate of 'kirikiri' since 2011!

dunkem21:
Playing to the gallery.

How much was spent on APC convention/presidential primaries?

Its a game of war chest and Aliko has not yet donated. Brighter days are ahead.

Oga for once, condemn what isn't right. We are talking about donations here and not amount spent on hosting an event.

We know behind closed doors some folks would even give as much as 10billion but the blatant disregard for the law by the same man who's supposed to be the No1 custodian and protector of the law in the country is very shameful.

It is either he was totally ignorant of the law (but then you ask what his advisers were doing) or he knew the law but still went ahead to trample upon it.

The president shows time and again what an embodiment of all the ills that plague this country he is.

So unfortunate.

Sagay & Falana have started thinking through the anus,Gov Amaechi spent N17B on ordinary convention.

dunkem21:
Playing to the gallery.

How much was spent on APC convention/presidential primaries?

Its a game of war chest and Aliko has not yet donated. Brighter days are ahead.

No wonder you support GEJ.. Don't you think before commenting? Dem say donation for CAMPIGNS, you dey talk of CONVENTION.. Smh.. By the way, were you the one that wrote receipt for the expenses made during APC's convention? How did you know it was up to 1 billion? GEJ/PDP has clearly gone against the law of the land and they only thing you can say is "APC".. What has APC got to do with your oga forcing people to donate billions for election campaign?
Keep deceiving yourself about Dangote's donation.. Dangote is smart, he stylishly "dodged" that sinful event knowing fully well that GEJ's days are numbered and investing in GEJ's campaign will be a big risk to him. How can the whole richest black man on earth not send his representative to a launching with money? He is playing games with your oga.. Think! He being a true Kano son probably supports GMB secretly who knows?

Nayoanalytical:
Sagay & Falana have started thinking through the anus,Gov Amaechi spent N17B on ordinary convention.

As for you, show us evidence that Ameachi spent that money or close that thing you call mouth. We saw GEJ's shameless lunching on tv so it is audible to the deaf and visible to the blind, it is crystal clear like the biblical tekel mene ufasin that your oga collected over 21billion naira as campaign funds.. 20billion + more than the law permits him to have.

Nigerians! Don't worry, there is God.. Come 2015 when the peoples' General becomes president, he will bring them and their faceless "donors" to book. Amen.. Do not despair, there is God my people.

These lawyers are shameless.
Donations were made to the PDP and all their aspirants and not just to GEJ as a candidate.

They are just allowing their hate on GEJ to cloud their thoughts, shameless 'charge and bail lawyers'.
Go and read the electoral act again monkeys.

For those who want to contribute to Buhari Campain. here is the account. First Bank account number: 2026724405. Account Name: BUHARI SUPPORT ORGANISATION
Minimum contribute is hundred naira

Another set of subtle laweyers trying to play smart.

omenka:
Oga for once, condemn what isn't right. We are talking about donations here and not amount spent on hosting an event.

We know behind closed doors some folks would even give as much as 10billion but the blatant disregard for the law by the same man who's supposed to be the No1 custodian and protector of the law in the country is very shameful.

It is either he was totally ignorant of the law (but then you ask what his advisers were doing) or he knew the law but still went ahead to trample upon it.

The president shows time and again what an embodiment of all the ills that plague this country he is.

So unfortunate.

Its Christmas eve bro. No squabbles today. We extend hand of fellowship to all and to you especially.

Compliments, omenka.

I'm surprised that even a so-called SAN (Prof. Jerry Gana) who ought to know the constitution deliberately breached it just to please Jonathan.

Questions are supposed to be asked in a sane society. Nigeria, I laughed.

Nayoanalytical:
Sagay & Falana have started thinking through the anus,Gov Amaechi spent N17B on ordinary convention.

Till you substantiate your claim with a proof, forever keep your mouth shut. We're talking of how a group of people deliberately ridiculed the constitution, you're here spewing gibberish!