Friday, September 17, 2010

FEDERAL HIGH COURT CONTEMPT TRIAL AND FIFA LAWS

INTRODUCTION:
I took my time to become a ‘sports lawyer’ combing through all the laws and statutes of FIFA. I went through cases and case studies. Today, I am ready to say it without mincing words that Harrison Jalla is very right to have gone to court. The Federal High Court in Lagos is right to have decided the way she did. You may want to ask, why.
It is true that FIFA has all EXCLUSIVE powers and the last say on all matters of the laws of the game. FIFA has the final say on the technical matters of football including fixtures, match results, issues of disciplinary matters, etc

COURT MATTERS AND FIFA:
Let me in a haste say it loud. In the event of any conflict between FIFA and any of its affiliates. Where any such matters become controversial FIFA is expected to take a final decision. Where such affiliates is not satisfied with FIFA’s decision. It is ONLY the Court of Arbitration (CAS) in Lousanne, Switzerland that can intervene.
Any other matter that is not technical in nature but concerns INTERNAL issues of the member, FIFA DOES NOT HAVE THE POWER TO CONTROL IT. This is FIFA statute. The rationale? All FIFA members are registered as PRIVATE ORGANISATIONS and undertake their activities and businesses in accordance with the laws of the host nations.
It is trite eduction from the above to assume that the Nigerian Football Federation (NFF) election CANNOT be entertained in a court of law. Like Yinka Adebayo once raised on my facebook page sometimes ago, I insist that the issue of the election DOES NOT belong to pure football business (as enunciated above);
It is as a result that FIFA, being a smart organization, will only observe and wait for the outcome and CANNOT interfere with any domestic court process or proceedings like we presently have on our hands. FIFA will only react IF and ONLY IF there is an incursion into its jurisdiction, football matters (matters of the laws of the game of football);

IMPORT:

It is necessary for uninformed persons that had been bamboozled by those who used to dangle FIFA sword of Damocles to be reminded that, given this findings, every one of FIFA’s national association members must operate within the laws of the contrary they are situated in, and that FIFA’s statutes on issues outside of the Laws of the Game cannot be superior to the laws of the country within which their members operate. FIFA itself operates under the laws of Switzerland where it’s headquarters is located.
Immediately, does matters of the processes of election, the election or ensuing other issues pertaining to the election qualify as internal issues of the member state? I think yes. Why? FIFA has general guidelines which she approves for members. They are not part of FIFA statutes.
It is strictly internal matter of the member nations. The electoral guidelines are unique to every nation but within the approval limit of FIFA.
These, therefore, mathematically are issues that bothers on the rights and privileges of its affiliate members and individuals including the leagues, fans, media, sponsors etc
In view of the foregoing, is NFF or its derivative agent, NFA a juristic person or not? If the Nigerian Premier League, a key affiliate is a juristic person then the NFF or NFA is a juristic person. Since the NFF or NFA is a creation of an existing law (decree 101 or Act 101) and its gets appropriation from the Nigerian National Assembly, then, she is a juristic person. As a juristic person, she can sue and be sued.

No comments:

Post a Comment