Some lawyers, including Senior Advocates of Nigeria, have called for the prosecution of the Peoples Democratic Party and those who donated over N21. 27bn towards President Goodluck Jonathan’s electioneering.
They said in separate interviews with Punch on Tuesday that the donors breached the Electoral Act by exceeding the limit stipulated by the 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 Peoples Democratic Party 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 the Independent National Electoral Commission.

December 24, 2014 





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