Prof. Paul Ananaba, SAN on Monday’s Morning show discussed the Labor Party’s decision to raise funds from citizens in diaspora, stating that it is against the law and must not be carried out.
He further explained that, in accordance with the electoral acts, fundraising from diaspora is illegal and is only pardonable if the funds are turned over to INEC within 21 days.
He said “The laws are very clear on this, the political party, Labour Party in this instance, or even any political party for that matter cannot raise funds from outside Nigeria, if they do they cannot retain such funds, it’s a constitutional issue as much as a crime within the electoral acts, section 85, now let me take the constitutional part of it section 225, 2, 3,a and b are very clear that a political party cannot raise funds outside Nigeria or retain funds or accept funds, if they do they must within 21 days turn those funds over to INEC and any contravention of that provision is a criminal offence.”
However, he added that money may be raised domestically so long as it does not surpass 50 million naira per person.
In his words, “I think that, irrespective of the good intentions or whatever people have to support political parties in Nigeria, particularly Nigerians abroad, they cannot do that from abroad, they can only come into Nigeria and contribute and when they do electoral act section 85, 86,87,88,89 and 90 deals with election financing, and the effect is that it’s an offence under the electoral act to contribute more than 50 million naira and if you’re going to do that, INEC has to be notified.”
Furthermore, he clarified that while the law forbids the party as a whole, there is no clause that forbids Peter Obi from crowd funding as a candidate.
According to Prof. Ananaba, “Our laws does not say anything about the candidate, if you look at section 152 of the electoral act, it does not define a political party to include its candidate in election. Now if you also look at the definition of a candidate, the candidate does not include a political party and that’s why in election petitions and whether pre – election or re -election position in its self, the political party and the candidate are stood separately. So, the candidate is not caught up by this analysis I’ve made, these provisions of the constitution maybe going forward. So a candidate is not precluded from raising funds but a political party is precluded.”
In light of this, he advised Nigerians in the Diaspora and members of the Labor Party to put sentiment aside and abide by the laws of the nation.
He said, “I don’t think that Labour Party has looked at that, if they have looked at that, they should practically warn themselves and move away from raising funds outside the country, even when what their raising funds within Nigeria, they have limitations, they have to comply with the law, everyone should be more law abiding. No one should become too sentimental to avoid the clear provisions of the constitution in this instance and then the electoral acts.”
Watch the full interview: 
Damiloju Oreofe
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