The Court of Appeal sitting in Jos has
dismissed the judgment of the Federal High Court, which relisted the
case filed by Chris Giwa against the Nigeria Football Federation and its
President, Amaju Pinnick.
The Federal High Court had in a ruling
on October 23 2014, granted Giwa’s request nullifying the result of
the NFF General Assembly in Warri and the subsequent elective congress
that brought in the current NFF board led by Pinnick into office.
However, the Goodluck Jonathan
administration intervened as the country faced an imminent FIFA ban,
leading to the Giwa faction of the NFF to withdraw the case.
But Messrs. Adama Yahaya and Obinna
Ogba, acting on behalf of the Giwa faction, again approached the court
on March 10, 2016 asking it to re-list the case.
On April 8, Justice Musa Kurya, who
heard the relisted case, ordered the recognition of Giwa as the
president of the NFF. He also barred anybody from interfering with the
duties and functions of the NFF board under the leadership of Giwa.
It was the ruling that the Pinnick board appealed.
Justice Joseph Tur, in his judgment on
Monday held that the discontinuation of the cases on October 30, 2014,
which was affirmed by the court stands, adding that the ruling of the
court on April 8 recognising Giwa was null and void.
Justice Tur said that the case had been
discontinued and that in the eyes of the law the plaintiffs were wrong
asking that the case be relisted.
He said in ruling that Giwa be
recognised as the president of the NFF, the court should have taken
into consideration the circumstances of the case giving that it had been
struck out and discontinued by the same court on October 30, 2014.
Justice Tur also faulted the
submissions of the counsel for the respondents Habila Azard, in which
the decision of the court was made based on the undertaking that was
taken prior to the judgment of October 30, 2014 and stated the process
of relisting was not followed.
The appeal court further faulted the
ruling of the federal high court made on the April 8, 2016 and said it
should have considered the circumstances of the case giving that it
struck out and discontinued by the same court on the October, 30 2014.
Tur while allowing the appeal of the
NFF, set aside the ruling of the Federal High Court made on April 8,
2016 and reinstated the ruling made on the October 30, 2014. He
awarded N50,000 cost against the two parties.
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