All NPFL clubs, including Giwa FC agree:
* a. to abide by and comply with the Statutes, Rules and Regulations governing the Nigeria Professional Football League (NPFL);
* b. to abide by the outcomes of settled disputes within the football regulations;
* c. not to litigate over football matters;
* d. that should you violate this undertaking, you shall automatically be deemed to have voluntarily withdrawn your membership/affiliation to NPFL and be expelled from the NPFL and by extension all Nigeria Football Federation (NFF) organized competitions, matches and activities and will not be eligible for ....... Read More
INTERIM COURT ORDER IN SUIT FILED PURPORTEDLY ON BEHALF OF GIWA FOOTBALL CLUB
19th August, 2016
Giwa FC
Jos
Dear Sir/Madam,
INTERIM COURT ORDER IN SUIT FILED PURPORTEDLY ON BEHALF OF GIWA FOOTBALL CLUB
The above subject refers.
2. We have, on Tuesday, 16th August, 2016, been served with a copy of an Interim Court Order from the High Court of Justice, Plateau State in Suit No: PLD/J445M2/2016, filed by an individual, Mustapha Abubakar, who claims to be acting for himself and in respect of alleged breach of fundamental rights.
3. We have also been served with a Motion on Notice in respect of an Application for the Enforcement of Fundamental Rights (Suit No: PLD/J445M/2016) filed by the same Applicant for himself and .
4. In paragraph 3(c) of the Affidavit in Support of the Application, it is the averment of the Applicant:
“That he has the consent of the said Giwa FC of Jos to file this Application.”
5. You will recall that in your Undertaking dated 9th February, 2016 and your Legal Declaration Form NFFL(1) dated 17th February, 2016 (both copies of which are attached herewith), you did - as part of the club licensing process and as a pre-condition for participation in the NPFL and any other competition organized under the Nigeria Football Federation – agree:
* a. to abide by and comply with the Statutes, Rules and Regulations governing the Nigeria Professional Football League (NPFL);
* b. to abide by the outcomes of settled disputes within the football regulations;
* c. not to litigate over football matters;
* d. that should you violate this undertaking, you shall automatically be deemed to have voluntarily withdrawn your membership/affiliation to NPFL and be expelled from the NPFL and by extension all Nigeria Football Federation (NFF) organized competitions, matches and activities and will not be eligible for readmission in so far as the court case subsists.
6. We note that the subject matter of the Application before the Court is in respect of the disciplinary proceedings against Giwa FC for its failure to honour three matches cumulatively in breach of Rule B13.28 of the Framework and Rules of the NPFL, for which the club was expelled in accordance with the said provisions.
7. We note also, that Giwa FC failed, refused and or neglected to exhaust further available options for dispute resolution available within the framework of rules and regulations governing the League.
8. We note further, that not only was the suit filed on behalf and with the consent of Giwa FC (as averred in paragraph 3(c) of the Affidavit in Support of the Application), but also, the lawyer representing the Applicant in court is H.S. Ardzard, Esq., who is also registered by Giwa FC as its Legal Officer under the club licensing process.
9. Furthermore, the Official Receipt from Giwa FC dated 1/2/2016, relied upon by the Applicant as Exhibit 1, indicates that it was issued by the Club to the Applicant in breach of the League Rules. By virtue of rule B15.21:
“No Club shall sell match day or season tickets before complying with the registration requirements stipulated in these Rules and registered to play in the League by the LMC.”
It is evident that the tickets issued on the basis of this official receipt were issued contrary to the above-cited provision, being that they were issued prior to compliance by the Club with registration and club licensing requirements. As at the 1st of February, 2016, when the Club purportedly sold its match tickets to the Applicant, the Club was not empowered to do so, since it had not complied with the registration requirements – which include, inter alia, the Undertaking and Legal Declaration referred to earlier, dated 9th February, 2016 and 17th February, 2016 respectively. Nonetheless, any purported contractual agreement between Giwa FC and such individual should be exclusively between both parties and not the subject of any litigation involving the League Management Company Limited or the League as a whole.
In addition, the Applicant, Mustapha Abubakar, avers in paragraph 3(a) that he is the Chairman of the supporters club of Giwa FC. This is in clear contravention of Rule B15.15 of the League Rules, which requires Clubs to register their supporters clubs which must be properly constituted and recognized. It is instructive that Giwa FC is not amongst the Clubs that registered any constituted and recognized supporters club.
11. In view of the above, particularly your obligations highlighted in paragraph 5 above, we request that Giwa FC withdraw from or states, clearly, formally and publicly, that the Club is neither party to, nor in support of, and disassociates itself from the court case filed by Mustapha Abubakar and being prosecuted by H.S. Ardzard, Esq. on behalf of Giwa FC.
12. Kindly ensure that you comply with the above not later than 10:00am on Monday, 22nd August 2016, failure of which we will be constrained to take necessary action with a view towards withdrawal of membership of and affiliation to NPFL and all NFF-organized competitions, matches and activities.
13. The above is for your information and necessary action, please.
Yours sincerely,
Salihu Abubakar
COO, League Management Company Ltd.
Cc:
* Nigeria Football Federation
* All NPFL Clubs
* Nigeria National League
* Nigeria Nationwide League
GIWA FC DOCUMENTS
* LMC Letter to Giwa on the interim Court Order
* Legal Declaration by Giwa FC
* Undertaking by Giwa FC - 2016
* The Court Order to reinstate Giwa FC
* Public Statement : Court Order and Motion on Notice on re-admission of Giwa FC into the NPFL
* Court order on Giwa FC - Notice to Clubs.
* Giwa's letter citing court order
* LMC response to Giwa on Court order
* LMC response to Giwa on court order contd
* Letter from Giwa FC for non-compliance with sanctions
* Response to Giwa FC on Non-Compliance
* Summary Jurisdiction Notice (Giwa FC)
* Expulsion of Giwa FC from NPFL
* Cancellation of MD 19 Fixture (MFM Vs Giwa FC)
* Giwa Appeal Letter
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