Lawyers, CSO commend judgment absolving Aiteo boss over party donations

Lawyers in the country have hailed the judgment of an Abuja High Court which declared that the Chairman of Aiteo Oil and Gas , Mr Benedict Peters did not violate the Electoral Act when he donated to political parties during 2015 general election even though the act will heavily impact on the 2019 general polls.

The lawyers reactions came just as civil society groups under the aegis of the Coalition of Transparent Election Monitors (CTEM), also hailed the judgment as one that will further deepen the electoral jurisprudence in the country.

Justice Olukayode Adeniyi of Abuja High Court had dismissed the suit filed by Chief Akinmoju Jero who had joined a businessman, Mr Benedict ‎Peters and Northern Belt Oil and Gas Company of Nigeria Limited as co-defendants to the suit.

The plaintiff had alleged in the suit that Peters (the 1st defendant) paid a bribe of $115million to electoral officers to influence the outcome of the 2015 presidential election.

Jero, who made the allegation in a sworn affidavit , also alleged that the eletoral officers who received the bribe have made confessional statements and have also had all their bank accounts blocked.

He also alleged that Peters donated $60million for the PDP campaign fund for the 2015 presidential election, claiming that the amount was above the recommended amount of N1million by the Electoral Act.

But two lawyers: Peter Nwelum and Andrew Adams while speaking on the matter, said it is now clear that Peters committed no crime when he made the donations and hence ought not to have come under any form of prosecution .

Nwelum further argued that it was necessary to put the development into proper perspective since the 2019 elections will be defined by such practice.

On his part, Adams while appauding the judgement, asked the EFCC and other anti-corruption agencies to steer clear of interfering with the electoral processes, adding that lawyers should be allowed to operate and have opinions on the issue. He said it is also important to remove the toga of a fugitive labelled on Peters .

Also reacting to the judgment, the secretary general of CTEM, Mr Dele Aina, noted that while it is noteworthy that Peters has been cleared of the accusation against him, the EFCC should be dissuaded from further harassment of the
Aiteo boss and begin to join other stakehokders in enlisting a lasting democratic process in the country.

Dismissing the case of Jero for lacking in merit, Justice Adeniyi held that , “The online publication relied upon by the plaintiff (Jero) is not admissible in law. The evidence is clearly unrelated to the allegation of bribery adduced in this case.

“I have not seen any concrete or factual basis by the plaintiff to support the allegation‎ made against the defendant (Peters) in this case. The plaintiff has failed to show to the court that the money was donated to influence the outcome of the 2015 Presidential elections.

“The donation made to any political party does not offend any provision of the Electoral Act. The plaintiff has failed to show that the defendants spent $115million to influence the outcome of the election.”

The judge further held that Peters did not violate the Electoral Act as his donations were made to a political party and not to an individual .

Justice Adeniyi then said, “The defendants did not violate any law by way of his donation to political parties which is allowed in law. The purported allegation of bribery against the defendants is unfounded. The plaintiff’s case lacks merit and it is hereby dismissed.”

Andrew Orolua, Abuja.