Federal High Court in Jos now to rule on Thursday on the appeal for a stay of execution of its October 23 ruling which quashed the NFF board elections of September 30.
The judge had adjourned sitting following the preliminary objection raised by the NFF defence counsel, Mr. Damon Dashe, who questioned the eligibility of the court to entertain the matter.
Messrs Obinna Ogba and Yahaya Adamu of the Giwa-led faction had dragged the immediate past Chairman of NFF, Alhaji Aminu Maigari and the NFF Secretary General, Musa Ahmadu, to court seeking for orders to restrain Magari (first defendant), the NFF (second defendant) and Football Associations (third defendant) from conducting another election after the Giwa-led faction was elected.
Dashe had filed a counter-affidavit to the originating summons, saying that the hearing was delayed because he was not properly served by the counsel for the plaintiff.
He told the court that it was incumbent on it to hear the preliminary objection, which would guide the court on the proper path to follow, adding that the prayers contained in the preliminary objection is for the court to strike it out “because the plaintiffs have submitted themselves to the NFF statutes.
“It is simple law that when you are a party to a contract and you are relying on the contract, you cannot make a U–turn in the middle of the game if you feel that game is not going to be favourable to you. You don’t change the rule of the game in the middle of the game. What we are saying is that by the statutes upon which the plaintiffs are relying on in approaching this court, that statute has taken away the jurisdiction of the court.”
Counsel for the plaintiffs, Mr. Habila Arzard, said every matter that comes to court has to be adjudicated one way or another.
He said, “But where a party, particularly the defendants, feel that the court does not have the jurisdiction to entertain the matter, they are at liberty to file a notice of preliminary objection and this is what the defendants did.
“We were served with that preliminary objection on Monday and we filed the counter–affidavit and the notice of preliminary objection was argued today.
“And the judge adjourned the matter till tomorrow to deliver his ruling and one way or another the judge will determine whether actually the court has no jurisdiction to entertain the matter. But we feel strongly that the court has jurisdiction to entertain the matter. Because basically the defendants are relying on FIFA, CAF and CAF Statutes which we believe have not been domesticated. And also they rely on NFF Statutes.
“But our opinion is that any statute or any law which seeks to oust the jurisdiction of the court or deny a citizen access to justice, such a law or statute is in direct conflict with the provisions of section 6 (6) and section 36(1) of the Federal Republic of Nigeria, which say that any law that is inconsistent with the provisions of the constitution, such a law is null and void.”
Allagoa, having listened to all the arguments by both counsel, fixed ruling for October 30.. Click to signup for FREE news updates, latest information and hottest gists everyday
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