The League Management Company (LMC) on Tuesday, August 23 filed an appeal against the Plateau State High Court order asking it to reinstate Giwa FC to the Nigeria Professional Football League (NPFL). The LMC, in its appeal filed by Chief Akin Olujimi (SAN),aying the Court of Appeal to set aside the interim order of the Plateau State High Court, Jos on several grounds of law and challenging the jurisdiction of the lower court to have granted the orders in the first place.
In a related development, the League organizers also made an appearance through its counsel, Chief Akin Olujimi (SAN), before the High Court in Bukuru, near Jos-Plateau State presided over by MR Justice I.I Kunda and filed a motion urging the court to stay further action on the orders it issued last week.
It will be recalled that the order was made by the lower court in the suit filed by one Mustapha Abubakar, who claims to be suing for himself and Giwa FC, asking the Court to direct LMC to restore Giwa FC to the NPFL and reschedule all matches of the club, among other prayers.
But a new twist to the suit emerged when Giwa FC wrote to LMC to categorically dissociates itself from the suit filed by the said Mustapha Abubakar. In its letter to LMC, dated 22nd August, 2016, Giwa FC stated that it is not a party to the suit and has not instructed anybody to file a case on its behalf and, therefore, distance itself from the case entirely.
Giwa FC's disavowal of the suit is in compliance with the Written Undertaking that all Clubs in the NPFL individually signed and gave to LMC agreeing not to take any matter concerning NPFL to the ordinary courts, but rather to be subject to and be bound by the internal dispute resolution processes of NPFL and football governance, generally. This undertaken is one of the critical conditions demanded of any club or persons applying to participate in football activities globally.
The LMC gave five grounds for the appeal which included lack of jurisdiction by the Jos High Court to hear the matter since the two principal defendants, the LMC and the Nigeria Football Federation (NFF) reside in Abuja and that the acts complained about which is the hearings and expulsion of Giwa FC also took place in Abuja.
A second ground of appeal filed by the counsel to the LMC was that the Jos High Court Judge who granted the order as a Vacation Judge is only entitled to hear cases of urgency and there must be an affidavit of urgency filed with the papers to show the facts of such urgency before the court can hear the matter. The LMC contend that there was no such affidavit of urgency and therefore it was wrong for the court to have heard the matter and grant orders as it did.
The LMC further averred in the appeal that it was also wrong of the Judge to have heard the case as a fundamental human rights case since Giwa FC Limited, the owner and operator of the football club and the football club itself cannot have fundamental human rights. “The law is settled in Nigeria that only natural persons and not corporate persons can have fundamental human rights. This point, additionally, goes to the lack of jurisdiction of the court to hear the case”, the LMC stated in the appeal papers.
The body further argued in the appeal that “In law, only a company can sue for itself for wrongs allegedly done to the company. Any person suing on behalf of a company must have the resolution of the company authorising that person to do so. That condition has not been fulfilled in this case”.
Giwa FC's letter buttresses and is a confirmation of LMC's position from the beginning that the said Mustapha Abubakar is an interloper, who has no dealings or connection whatsoever with LMC or the subject matter of Giwa FC's expulsion from NPFL, a decision which was reached with strict compliance with due process and the relevant provisions of the Framework and Rules of NPFL, 2015/2016 Season.
LMC said yesterday that it will continue to explore all legal processes available to have this vexatious and frivolous suit thrown out of the judicial system.
Hearing was adjourned to Thurs, 25 Aug 2016.
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In a related development, the League organizers also made an appearance through its counsel, Chief Akin Olujimi (SAN), before the High Court in Bukuru, near Jos-Plateau State presided over by MR Justice I.I Kunda and filed a motion urging the court to stay further action on the orders it issued last week.
It will be recalled that the order was made by the lower court in the suit filed by one Mustapha Abubakar, who claims to be suing for himself and Giwa FC, asking the Court to direct LMC to restore Giwa FC to the NPFL and reschedule all matches of the club, among other prayers.
But a new twist to the suit emerged when Giwa FC wrote to LMC to categorically dissociates itself from the suit filed by the said Mustapha Abubakar. In its letter to LMC, dated 22nd August, 2016, Giwa FC stated that it is not a party to the suit and has not instructed anybody to file a case on its behalf and, therefore, distance itself from the case entirely.
Giwa FC's disavowal of the suit is in compliance with the Written Undertaking that all Clubs in the NPFL individually signed and gave to LMC agreeing not to take any matter concerning NPFL to the ordinary courts, but rather to be subject to and be bound by the internal dispute resolution processes of NPFL and football governance, generally. This undertaken is one of the critical conditions demanded of any club or persons applying to participate in football activities globally.
The LMC gave five grounds for the appeal which included lack of jurisdiction by the Jos High Court to hear the matter since the two principal defendants, the LMC and the Nigeria Football Federation (NFF) reside in Abuja and that the acts complained about which is the hearings and expulsion of Giwa FC also took place in Abuja.
A second ground of appeal filed by the counsel to the LMC was that the Jos High Court Judge who granted the order as a Vacation Judge is only entitled to hear cases of urgency and there must be an affidavit of urgency filed with the papers to show the facts of such urgency before the court can hear the matter. The LMC contend that there was no such affidavit of urgency and therefore it was wrong for the court to have heard the matter and grant orders as it did.
The LMC further averred in the appeal that it was also wrong of the Judge to have heard the case as a fundamental human rights case since Giwa FC Limited, the owner and operator of the football club and the football club itself cannot have fundamental human rights. “The law is settled in Nigeria that only natural persons and not corporate persons can have fundamental human rights. This point, additionally, goes to the lack of jurisdiction of the court to hear the case”, the LMC stated in the appeal papers.
The body further argued in the appeal that “In law, only a company can sue for itself for wrongs allegedly done to the company. Any person suing on behalf of a company must have the resolution of the company authorising that person to do so. That condition has not been fulfilled in this case”.
Giwa FC's letter buttresses and is a confirmation of LMC's position from the beginning that the said Mustapha Abubakar is an interloper, who has no dealings or connection whatsoever with LMC or the subject matter of Giwa FC's expulsion from NPFL, a decision which was reached with strict compliance with due process and the relevant provisions of the Framework and Rules of NPFL, 2015/2016 Season.
LMC said yesterday that it will continue to explore all legal processes available to have this vexatious and frivolous suit thrown out of the judicial system.
Hearing was adjourned to Thurs, 25 Aug 2016.
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