By Alloy Chukwuemeka
This submission is simply meant for the purpose of Education, Crisis Management and Damage control cum possible solutions
1- The NFA act which established the football house made it a parastatal of the federal ministry of youths and sports and under the control of the Hon. minister.
2- As a parastatal under the ministry, it receives its funding from the govt aside other grants from other Agencies, organizations and sponsors.
3- Its creation is under the laws of the federal Republic of Nigeria.
4- The composition of the board of the NFA is clearly spelt out in the NFA act as amended.
5- As a parastatal under the laws of Nigeria, it can sue and be sued under the laws of Nigeria.
6- However football all over the world is organized and regulated by FIFA which is a creation under the Swiss laws.
7- Fifa operates Association football with affiliated member nations, with a strict adherence to FIFA rules subject to swiss laws.
8- While affiliated member nations are directed to adopt FIFA regulations as convention in their countries for the purpose of smooth administration and regulation of football, FIFA also recognises the laws of the member countries.
9- Any member country that wishes to administer football must do so in line with FIFA regulations, inform of statutes with little domestication to sooth its local peculiarities.
10- The statutes are sent back to FIFA for review, perusal and approval before they can come into effect.
11- Because Nigeria football has grown to become one of the world recognized football nations of the world, it therefore becomes imperative for our own regulations and administrative structure to align with the FIFA standard practices hence the adoption of NFF in place of NFA.
12- Also in adopting the NFF, it becomes important for the existing laws to be repealed while the FIFA regulations with its corresponding domestication and amendments be adopted into the Nigeria laws via legislation for the purpose of football administration in Nigeria.
13- As we speak today, that process is still on going at the National Assembly and not yet completed and signed into law.
14- The implications are that while we have wholly adopted FIFA laws in the administration and management of our football by the NFF, it is still not known to the laws of the federal Republic of Nigeria.
15- The number 14 above is what has put us into the crisis of taking our football matters to both the conventional courts and the sports courts like CAS.
16- Again we must understand the implications of the situation we have found ourselves.
17- FIFA frowns at taking football matters to the conventional courts except where otherwise the world soccer body approves of such under a given circumstance. e.g a case already determined by CAS could be appealed against at the supreme court in Switzerland under the Swiss law which FIFA operates.
18- In the Nigeria situation today, FIFA has made it clear that it recognized only the Amaju Pinnick – led NFF as the authentic leadership of the Nigeria Football Federation.
19- If a conventional court in Nigeria rules otherwise in favour of Giwa led faction ( who is also presently under FIFA ban), then its either the country gets ready for the consequences of the ban by FIFA and its corresponding negative effects on our football.
20- Such negative effects are not limited to:
(a) The Falconets who have qualified and are scheduled to participate in the Under-20 Female World Cup in July, 2018
(b) The final phases of the AFCON Qualifiers for the Super Eagles scheduled for August/September, 2018
(c) The Super Falcons defending their title in December in Ghana (d) No Nigerian Club side would be allowed to participate in the Continental Championships
(e) The future of all Nigerian players based in Nigeria would be in jeopardy as no Nigerian player would be allowed to be sold or transferred to any club anywhere in the world.
(f) No FIFA Referee from Nigeria will be allowed to officiate matches both international and local league matches.
(g) No Nigerian club will be able to secure international partnership with other clubs etc.
(h) Think of the negative multiplier effects of the above on the youths of the country and the economy of the nation.
(I) Our entire football circle will only revolve around Jigawa, Abakliki, Ogbomoso and Ogoja.
20- On the issue of court cases , the two warring parties are entitled to approach the conventional courts in Nigeria given the present circumstances and because of the window created by our inability to domesticate the FIFA regulations with the laws of Nigeria via NASS legislation.
21- Now that the parties are in the conventional court over supremacy , FIFA ban is imminent except we revert to the FIFA recognized leadership. But in the case that the conventional court rules in favour of the FIFA recognized leadership, then we will escape the ban.
The way forward:
22- The Hon Minister of sports under whose purview NFF is managed should call the factions together devoid of bias as he is being alleged.
23- Because he understands also that for Nigeria football not to operate in isolation we must toe the FIFA position.
24- Because he understands too the negative implications of FIFA ban on Nigeria’s image and the future of our youths.
25- Again because he understands that the tenure of the present board ends in two months time.
26- Because he commands the authority and respect of his office to order the warring parties to discontinue and withdraw all cases in the conventional courts.
27- Because he has the authority and respect of his office to advise the FIFA recognized leadership of the NFF to appeal to FIFA to revoke the ban on Giwa and his group immediately.
28- Because he has the authority and respect of his office to order the Pinnick led NFF to reopen the sales of forms to accommodate more people from other groups who may wish to seek for positions in the NFF to contest.
29- Because he has the authority and respect of his office to invite all football stakeholders to Abuja and address them after solving the issues above and urge them to embrace peace and go to Katsina to elect those they think will move the game of football forward in the best interest of Nigeria and for the good image of the present administration.
30- Finally, because he has the respect of his office to follow up the NFF act at the National Assembly and expedite action for its accelerated passage into law to pave way for lasting solution to our football crisis.
I believe strongly that if the above steps are followed with total commitment and desire to making peace in our football, this crisis would be solved without further delay.
God bless Nigeria.