Few days after the heart breaking reality of not qualifying for the next AFCON edition, Nigeria got greeted by another sad tale that may land the nation a FIFA ban and subsequently cost the nation the next world cup as well as the Rio Olympics. Ediale Kingsley chronicles the journey that seems destined to attract FIFA’s fury.
Since the announcement of the Jos high court ruling that sacked Amaju Pinnick, it has been a case of dancing barefooted on the sharp surface of the knife. As at the moment, there appears to be two faction of the NFF against article 13 and 17 of the FIFA statutes.
A petition to arrest Chris Giwa
As a solicitor of the NFF, Festus Keyamo petitioned the Inspector General of Police, Solomon Arase to arrest and prosecute Chris Giwa.
“In the last few days, one Chris Giwa has threatened to take over the Headquarters of the Nigerian Football Federation (NFF), citing a non-existent court order in that respect.
“The said Chris Giwa has indeed taken steps to carry out that threat by bringing thugs and physically attempting to force his way into the Headquarters of the NFF on Friday, April 8, 2016.
“Kindly note that, there is no court order anywhere mandating the said Chris Giwa to take over any office or duties of the NFF. In a brazen and blatant disregard for the rule of law and pending court orders, the said Chris Giwa has gone on air to announce the purported dissolution of various Committees and the State Executive Committees set up by the NFF,” Keyamo said in the letter.
He said the combined effect of the foregoing actions of Giwa was the creation of crises and instability in Nigerian football management which had led to the intervention by the Federation of Internation Football Association, FIFA.
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Keyamo explained that in its intervention, FIFA declared Giwa’s assertion as a false alarm and directed him to desist from such actions, saying that despite FIFA’s intervention, the Giwa had continued in his actions.
“Owing to the sensitive nature of football administration in Nigeria, physical and violent altercations are bound to occur if Chris Giwa is permitted to continue overheating the polity. We are, therefore, by this petition urging you to arrest and prosecute Chris Giwa for inciting disturbances,” he said.
No court sacked Amaju
Festus Keyamo had earlier on informed the public through a media conference that there was absolutely no court sacking Amaju Pinnick as NFF President and no court installed Chris Giwa as NFF President. He said for the purpose of clarity, “at no time did the Honourable Court order the installation of one Chris Giwa as Chairman of the NFF as neither Chris Giwa nor Amaju Pinnick are parties to the present suit in JOS. It is therefore a distortion of the Order of the Honourable Court to assume that Chris Giwa was ordered to resume as the Chairman of the NFF”. In his argument he stated that the Supreme Court of Nigeria has held times without number that no court of law can issue an Order against a person that is not a party in a suit before a court without joining or hearing from that party. And no court of law can also install a party in an office who is not before the Court praying for such an Order. “The said Chris Giwa is not a party before the case at the Federal High Court and the Court NEVER made an Order installing him as NFF President. It is like the bizarre case of the proxies of a loser in an election suing only INEC without joining the other victorious party in the case. How can a Court of Law or Tribunal remove the victorious Party from office without joining him or even making a positive Order to that effect? It is simply a legal impossibility”. According to Keyamo, what Chris Giwa is attempting to do is nothing but sheer brigandage and “we shall be writing to all authorities concerned to arrest and prosecute him he dares to take the laws into his hands. The Minister of Sports is also advised not to aid this shear madness. Whoever wants to remove Amaju Pinnick and members of the NFF board from office must approach the court to join them as parties and must seek clear and positive Orders against each and every one of them. The public and all football lovers must ignore this storm in a tea cup. There is simply NO COURT ORDER removing anybody from office”.
Dalung’s confusion, an indictment on Sports minister’s knowledge of the sport
The minister for sports would intervene in the matter as a stack illiterate in the knowledge of FIFA statutes. His twitter statement “the rule of law must prevail and all parties must respect the verdict” to the disgust of many went viral. That disgust was to be later fuelled by more comments, “this current administration believes in the rule of law and all of our actions must be guided by the provisions of the law. Therefore, anything that suggests the contrary will not be in the interest of the nation. The decision of the court will only take effect if the right to appeal expires and the Pinnick-led board fails to exercise its right. It will be out of place for any group of persons who have enjoyed the protection of the law to now turn round and want to deny the other party of their own right”.
These statements didn’t augur-well the global community and their fury was communicated to the Minister. As the attacks hauled at him, it probably dawned on Dalung that the public saw him as an enemy of Nigerian football, particularly as it relates to what FIFA could do to Nigeria if Giwa was allowed to take over the reins of power at the Glass House following the court ruling.
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The FIFA ban threat
In a letter entitled, “Verdict of the Jos High Court,” and addressed to Nigeria Football Federation (NFF) President, Amaju Pinnick, FIFA warned that the Jos Federal High Court decision, “if implemented, would likely be considered as an interference in the internal affairs of the NFF and the case would be brought to the highest authorities of FIFA for consideration of sanctions, including the suspension of the NFF.”
The letter signed by FIFA’s acting Secretary General, Markus Kattner, read in part: “We acknowledge receipt of your correspondence dated April 8, 2016 with regard to the ruling of the Federal High Court in Jos, which apparently nullified the elections of 30 September 2014 of the Nigerian Football Federation (NFF).
“In this respect, and first of all, we would like to remind you that according to articles 13 and 17 of the FIFA Statutes, all member associations have to manage their affairs independently and with no influence from third parties. In addition and according to article 68 of the FIFA Statutes, recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations.
“Furthermore, it is the duty of each member association to ensure that these provisions are implemented by its members and possibly take sanctions against those who fail to respect these obligations.
“Lastly, we would like to stress that the plaintiff in question already filed an appeal in relation to the same matter with the highest judicial sport authorities, the Court of Arbitration for Sport (CAS), and that the said appeal was dismissed by the CAS on May 18 2015.”
Dalung’s u-turn
With these facts as stated by FIFA, Dalung eventually made a volte-face by noting that no court order enthroned Giwa as NFF President. Speaking at the 2016 extra-ordinary congress of the NFF in Abuja, Dalung said the following: “The court order that was served on me was dated 2014. I have not seen any court order dated 2015. As a lawyer and as the minister of sports, till today I have not received any court order.
“Sadly, most people involved are rumour mongers, mischief makers, enemies of progress of Nigeria, and they decided to embark on speculations to destroy the relationship built and maintained over years in the football family.
“We are government and government deals with established institutions. When we came into office, we inherited the office in the Nigeria Football Federation(NFF)
“If a government is replaced, we will also be informed as how it has been replaced and why. So, as a government we will change our position. The football family must go back and put itself in order. It is not for me. I don’t elect presidents, I don’t vote presidents.
“Let me categorically state here, if football laws say don’t go to court and if someone has decided under section 41 of the Nigeria constitution to go to court, he has opened up a floodgate for an endless litigation, because the process will have to come from a court.
“And I think those that drafted the FIFA constitution wanted to abort this long process. But if the man has said he is going to a conventional court, fine. And I have gotten a judgment. The same judgment gives the man you took to court for power to appeal. He has 30 days to do that.
“I am even worried with this news of Jos court order. Where is it from? I have not seen any court order. I am not saying there is none. If there is a court order, I am the minister, bring it to me.
“I have not seen it. Please those of you with the Jos court order, bring a copy for me to see. We are interested in your unity. Taking a total U-turn from his earlier reactions, “The rule of law must prevail and all parties must respect the