Paul Chibuke Ananaba, a professor of law and senior advocate of Nigeria (SAN), has reacted to the controversy surrounding political parties receiving funds from the diaspora.
Ananaba said that based on the provision of the law, nothing prevents a political party’s candidate, in this case, Peter Obi, from receiving donations from the diaspora.
He made this clarification on Monday on Arise TV based on a provision in a section of the law that prevents political parties from receiving donations from the diaspora.
Since the Labour Party and Peter Obi, its presidential candidate, have been making inroads outside the shores of the country, the party has been gathering support from its diaspora population who have shown readiness to donate to its course to claim the seat of power come 2023.
“Maybe because Peter Obi is in the Labour Party, that is why a lot of attention is being paid to it,” he said, reacting to information that the issue of donations from abroad became relevant because of the perceived threat of Peter Obi to the status quo.
“Our laws say nothing about the candidate,” he continued, a reassuring remark that appeared to help Obi’s candidacy.
“If you look at section 152 of the Electoral Act, it does not define a political party to include its candidate in an election.
“Now, if you also look at the definition of a candidate, the candidate does not include a political party, and that is why in election petitions… the political party and the candidate are sued separately,” he explained.
He further said that the candidate is not caught up in this analysis he has made. He added that the provision in the constitution about receiving donations from the diaspora population does not preclude Obi from having funds but only the political party.
“And if a political party raises funds, it must within twenty-one days report back to INEC and turn the funds over to INEC,” he said.
“It cannot retain the funds for more than twenty-one days,” he said, adding, “I don’t think that the Labour Party has looked at that. If they have looked at that, they should practically warn themselves.”
