A legal luminary, Dr. Abdul Mahmud has reacted to Deji Adeyanju’s comments that Peter Obi broke the law when he allegedly received funds from abroad. Dr Mahmud disagreed with Deji
“Ah! I addressed this issue a few weeks ago; but now you ask, with specific reference to @adeyanjudeji’s tweet, I wish to state as follows:
- Deji’s tweet is mischievous;
- Deji conflates political party with candidate;
- Deji’s claim is untrue.
Offences relating to finances of a political party are stated in Section 85, period in which a political party can render audit statements is stated in Section 86, power of INEC to limit donations to party and candidates is stated in Sections 87 and limit of candidates’ elections
is stated in Section 88 of the Constitution 1999.
Sections 85 and 86, which the screenshots here show, do not allow POLITICAL PARTIES to HOLD or POSSESS funds outside Nigeria.
Query:
Does @PeterObi come within the definition of a political party?
Section 87 of the Electoral Act grants power to INEC to limit the amount that we can donate to Peter Obi or any political party. Under Section 88(8), the limit is set thus: no single individual can make a donation above N50m to a party or a candidate.
Under Section 88(2), Mr Obi’s potential election spending is set at N5b.
Now, let’s look at Section 225 (1) of the Constitution 1999 that he quoted. The Section 225 (1) -(4) specifically refers to a POLITICAL PARTY and not CANDIDATES.
Now, I return with an answer to my earlier question, “does Mr Obi come within the definition of a political party”?
My answer is NO.
Section 229 of the Constitution 1999 is clear about what a political party is.
If the drafters of the Constitution intended political party to mean candidates or intended that candidates don’t hold or possess funds abroad, they would’ve stated it BLACK and WHITE, without AMBIGUITY.
By the operation of the principle of interpretation, expressio unius est exclusio alterius (which means what is NOT specifically named is EXCLUDED), DEJI is WRONG.
Here are the screenshots of the law – Electoral Act and the Constitution “
