President Jonathan MUST stop impunity in football

By Olukayode Thomas

The Saturday congress by a faction of the Nigeria Football federation (NFF) in Warri, Delta state, despite a court order, clearly shows the level of impunity and disregard for rule of law in Nigeria.

There are set of lies that we have been told for ages that must be dispelled. One, football matter doesn’t go to regular courts; disputes in football must be resolved by Confederation of African Football (CAF) or Federation of International Football Associations (FIFA), and that Court of Arbitration for Sports (CAS) has the final say on football matters.

Even when we read daily about Sepp Blatter being subjected to Swiss Law in Switzerland where he faced charges for corruption and FIFA being fined millions of dollars by an American court in the Visa Card and Master Card fraud deal, we still gullibly held on to our age-long belief that football matters must not been taken to regular courts.

While Nigeria, one of the most blessed countries in the world and the giant of Africa, continues to catch cold each time FIFA sneezes, less endowed countries and even football clubs and players who know their rights have won cases against FIFA, UEFA and even CAS in regular courts.

Let’s look at what Real Zaragoza, a small football club in Spanish La Liga, did when FIFA attempted to bully them.

According to Law Report, in May 2009, Brazilian player Matuzalem, and his Spanish club Real Zaragoza, were sentenced by CAS to pay approximately €12 million to FC Shakhtar Donetsk due to unilateral termination of contract.

When the money was not paid within the deadline stipulated, the matter was brought again to the FIFA disciplinary committee, which fined the player, giving further time for payment and warning that another failure would result in his ban from participating in any official match until the complete payment of the debt.

They appealed once more to the CAS, which upheld the decision of FIFA. The player and club appealed to the Swiss Federal Court.

In March 2012, the Swiss Federal Court in an unprecedented decision annulled FIFA’s decision supported by CAS to ban Matuzalem from playing football until Zaragoza paid €12 million owed to Shakhtar. The Federal Court declared that the ban from participating in official football matches is a serious offence to their rights.

Examples are abound on the Internet of cases where players, football clubs, national federations and other stakeholders in the football family have sued FIFA, even CAS in regular courts, and have won or lost the case.

Now, if FIFA, the world football governing body, obeys the law in Switzerland where it is based, it affiliates are bound to also obey the law of the countries where they operate. This is based on the principle that FIFA expected each affiliate to domesticate the FIFA Standard Statutes (FSS).

But the reverse has been the case in Nigeria. Not long ago, the NFF disobeyed the order of Justice Okon Abang of the Federal High Court, Lagos in the legal matter between NFF and a faction of the Nigeria players’ union, National Association of Nigerian Footballers (NANF).

Also of note is the decision of the NFF to disobey the order of Justice Donatus Okorowa in the matter between NFF and Dr. Sam Sam Jaja.

The latest is the decision of the same body to disobey the order of Justice Allagoa of the Federal High Court, Jos.

The decision is nothing but an affront on the judiciary, nation and contempt of court.

Why can’t members of the football family borrow a leaf from the NSC, the board of Nigeria Handball Federation and Dauda Yusuf the president, who were sued by the Mega Veterans Handball Limited, a company formed by former internationals in the game, challenging the election into the board of the federation, the matter was resolved without disrespecting the court.

The decision to go Warri and hold a fresh congress despite a court order shows that the principal characters in Nigeria football do not have any respect for the country and its institutions.

Now, if top football administrators brazenly disobey court orders, what message are they sending to the players and staff of NFF? What kind of message are they sending to the state football associations, football clubs, club managers, owners and other stakeholders in the football family?

More importantly, what message are they sending to the international community; that we are a banana republic where anything goes? At the height of Blatter and FIFA investigation for corrupt practices, Blatter contemplated moving FIFA headquarters from Switzerland to a country in the Middle-East where corrupt practices would be tolerated rather than disrespect Swiss courts and judges.

But our football administrators find it convenient to break our own laws to satisfy their selfish gains, and threaten the country with suspension or ban by FIFA.

The reason why they do these times and again is because those who are custodians of the law allow their acts of impunity to go unpunished and if this latest act goes on unpunished, it will move from being a norm to a culture.

It is in view of the above that President Goodluck Jonathan must ensure that those who are behind the latest act are punished. That is why Justice Allagoa must stand up and protect the sanctity of the judiciary. Two of his brothers, Okon Abang and Donatus Okorowa, had been denigrated with impunity. Will he allow this to pass too?

The president must also use all his executive power to call all the warring factions in the NFF crisis and sit them down for a round table discussion and whatever is agreed on at the meeting should be binding on all the parties. Enough of this dancing naked in public.