Should Peter Obi be disqualified over $150m donations from diasporans? [Pulse Explainer]

Peter Obi's words: “Nobody has given me anything. That is speculation. What I need is not what they would give me. But what they would give Nigeria, because we need them to turn around Nigeria.

“This is the energy, the capacity that we need to turn around Nigeria. Every country that was turned around, was done by the diaspora. Even in the Bible, Joseph who left later came back to feed his people,” he said.

Why Peter Obi had to explain: A group, Tinubu-Shettima Connect, recently asked the Independent National Electoral Commission (INEC) to disqualify the former Anambra Governor over the alleged funding which according to them, violates the Electoral Act.

Obi meets Nigerians in diaspora: But speaking during a meeting with Nigerians in London on Tuesday, September 06, 2022, Peter Obi who departed Nigeria on August 25, to solicit support from Nigerians in diaspora, described the report as a mere speculation.

Why Peter Obi met with Nigerians in diaspora: Obi explained that the aim of his consultation was not for fund but to ensure that Nigerians in the countries he visited were taking part in the election process.

What you should know: It's been reported that Nigerians in the diaspora have formed committees to create a crowdfunding portal to raise $150 million from Obi’s supporters in the diaspora and ₦100 billion from those in Nigeria.

What the law says: The 1999 constitution (as amended) and the Electoral Act of 2022 has made provisions for the role of INEC in the collection of annual statements of political parties, analysis of sources of funds and restrictions on campaign funds.

Section 225 (3): “No political party shall — hold or possess any funds or other assets outside Nigeria; or be entitled to retain any funds or assets remitted or sent to it from outside Nigeria.

“Any funds or other assets remitted or sent to a political party from outside Nigeria shall be paid over or transferred to the commission within twenty-one days of its receipt with such information as the omission may require.”

Section 85: “Any political party that – (a) holds or possesses any fund outside Nigeria in contravention of section 225 (3) (a) of the Constitution, commits an offence and shall on conviction forfeit the funds or assets purchased with such funds to the Commission and in addition may be liable to a fine of at least 5,000,000; or (b) retains any fund or other asset remitted to it from outside Nigeria in contravention of section 225 (3) (a) of the Constitution commits an offence and shall on conviction forfeit the funds or assets to the Commission and in addition may be liable to a fine of at least N5,000,000.”

What this means: Timi Olagunju, a lawyer and policy analyst, said the electoral act does not forbid receiving funding from Nigerians in the diaspora. He argued that the law specifically used the words “hold” and “possess” instead.

Hence, the LP should not have properties or businesses abroad which fund its activities in Nigeria.

So, Should Peter Obi be disqualified over $150m donations from diasporans?: NO!