Jonathan’s N21b campaign donation is causing ripples

Lawyers, including Senior Advocates of Nigeria, have called for the prosecution of the PDP and all those who donated over N21.27bn towards President Goodluck Jonathan’s 2015 electioneering.

They said in separate interviews with PUNCH that the donors breached the Electoral 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.”

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 PDP 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 INEC immediately.

QUESTIONS
Under the Electoral Act, how much can a presidential candidate spend on electioneering?
Sagay: N1bn

What is the maximum amount a corporate entity can donate to a presidential campaign?
Falana: Section 91(9) prescribes that an individual or other entity shall not donate more than N1m to any candidate.

What is the penalty for flouting the provisions of the law as it relates to presidential campaign?
Ogunye: Section 91(10)(a) of the Electoral Act prescribes a maximum fine of N1m or imprisonment for a term of 12 months or both.

Who should be prosecuted for the infraction in the N21bn donation?
Falana: The PDP

Ogunye: The donors and the PDP

Ngige: Nobody can be prosecuted because the law is no longer in tune with reality

What about the President?
Falana: He still enjoys immunity.

Ubani: He and the party may come up with the excuse that the money is not meant for presidential campaign alone.

If the President is found to have expended more than N1bn as prescribed by the law, can he be prosecuted after leaving office?
Ubani: The law is meant to be obeyed and applied.

Who should ensure that the law is complied with?
Falana: INEC