Peter Obi |
Uproar and threats of lawsuits have trailed the announcement by Labour Party chieftain, Professor Pat Utomi that Crowd Funding portal for the funding of the political campaigns of Labour Party Presidential candidate, Mr Peter Obi would be opened next week.
In his reaction, the constitutional lawyer, Mr Monday Ubani says no law either in the 1999 Constitution, as amended or the Electoral Act, 2022 expressly outlaws any Nigerian in the Diaspora who is a member of a political party or interested in the governance of the Country from contributing funds to an individual for political campaigns. "There is no where the law expressly outlaws Nigerians in the Diaspora from contributing funds to an individual for political campaigns", he asserted during an interview on the online television TV360.
Ubani who is the Chairman of the NBA, SPIDEL, contends that in section 85 of the Electoral Act, 2022 and section 225 of the 1999 Constitution as amended, the provisions of the law on foreign funding of political parties, first, forbids political parties from holding funds or assets in any foreign Country; And secondly, political parties are not allowed to hold foreign donations beyond 21 days without declaring same and reporting to INEC.
According to the legal practitioner, the penalties for flouting the two provisions includes forfeiture of the fund or assets and payment of penalties. There is no ground for disqualification in the matter as provided in the law.
He further averred that the philosophy governing the provisions of the law is to protect the Country's sovereignty as such funds could be used to compromise the sovereignty of the Country. He added that the law also seeks to prevent the inflow of illicit funds which could be used to compromise the election.
He argued that the law is explicit and clear and therefore requires no interpretation to throw more light on it's intent.
Ubani dismissed insinuations that Nigerian politicians can source funds from other foreign interests and declare it as funds from Diaspora Nigerians. "There are means, technologies that enables anyone to trace the sources of any foreign funding, if Nigerian government can not trace it, other Countries could assist", he affirmed.
Dailyledger.com.ng reports that the Labour Party Presidential candidate was recently on a tour of some cities in the USA where Nigerians in the Diaspora pledged to contribute funds for his political campaigns.
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