11.4.16

No court order removed Amaju Pinnick from office - his lawyer says

Read the statement from Pinnick's lawyer,
Festus Keyamo below...
We are solicitors to the Nigerian Football
Federation led by Amaju Pinnick. We are
also solicitors to the Defendants in Suit
No. FHC/J/CS/77/2016: Between Yahaya
Adama & Anor. V. Maigari & Ors. Our
attention has been drawn to several
media reports to the effect that the
Federal High Court sitting in Jos sacked
the Board of the Nigerian Football
Federation (NFF) led by Mr. Amaju
Pinnick and installed Mr. Chris Giwa as
the new Chairman of the NFF.
This is nothing but total and complete
falsehood. We are constrained to issue this
statement to set the records straight owing
to the sensitive nature of football
administration in Nigeria.
For the purpose of clarity, at no time did
the Honourable Court order the installation
of one Chris Giwa as Chairman of the NFF
as neither Chris Giwa nor Amaju Pinnick
are parties to the present suit in JOS. It is
therefore a distortion of the Order of the
Honourable Court to assume that Chris
Giwa was ordered to resume as the
Chairman of the NFF. The Supreme Court
of Nigeria has held times without number
that no court of law can issue an Order
against a person that is not a party in a
suit before a court without joining or
hearing from that party. And no court of
law can also install a party in an office who
is not before the Court praying for such an
Order. The said Chris Giwa is not a party
before the case at the Federal High Court
and the Court NEVER made an Order
installing him as NFF President. It is like
the bizarre case of the proxies of a loser in
an election suing only INEC without joining
the other victorious party in the case. How
can a Court of Law or Tribunal remove the
victorious Party from office without joining
him or even making a positive Order to that
effect? It is simply a legal impossibility.
What the so-called Chris Giwa is
attempting to do is nothing but sheer
brigandage and we shall be writing to all
authorities concerned to arrest and
prosecute him he dares to take the laws
into his hands. The Minister of Sports is
also advised not to aid this sheer
madness. Whoever wants to remove
Amaju Pinnick and members of the NFF
board from office must approach the court
to join them as parties and must seek
clear and positive Orders against each and
everyone of them. The public and all
football lovers must ignore this storm in a
tea cup. There is simply NO COURT
ORDER removing anybody from office.
To set the records straight, sometime in
2014, one Yahaya Adama and Obinna
Ogba commenced an action against Alhaji
Aminu Maigari and three others
challenging the convening of the Ordinary
General Assembly and the subsequent
election conducted into the various offices
of the NFF on 30 th of September, 2014. In
the course of the proceedings, the Court
made three different Orders as follows:
1.   The Court first issued an Order
dated 19th day of September, 2014,
restraining the Defendants from
proceeding with the Congress
2.   The Court later issued an Order
dated 23rd day of October, 2014
nullifying or setting aside the
purported election conducted into the
Executive Committee/Board of the
NFF
3.   Finally, the Court made an Order
dated 30th day of October, 2014,
setting aside all the previous Orders
made above.
Please, find attached a Certified True Copy
of the last Order made.
The last Order was made just before the
case was withdrawn and struck out on the
30th October, 2014.
However, in December, 2015, Messrs
Yahaya Adama and Obinna Ogba again
applied to the Federal High Court for a
relisting of the Suit and the restoration of
"....... all Orders made by this
Honourable Court in suit no. FHC/
L/CS/77/2014 before this suit was
struck out by this Honourable Court
on 30th October, 2014."
Gentlemen, it is the exact prayer as stated
above that the Court granted on Friday,
April 8, 2016. What this clearly means is
that the court also restored its final Order
made on the 30th of October, 2014, as
stated above before the case was struck
out, that set aside all the previous Orders
made, especially the one nullifying the NFF
election held in Warri on 30th September,
2014. In fact, the court could not have
granted the Plaintiffs a final Order at an
interlocutory stage. Anyone who feels
otherwise should go back to Court.
In any event, we are dissatisfied with the
re-listing of the case and a Motion or an
application urging the Court to set aside its
Ruling has been filed and is pending
before the Court. The Defendants have
also lodged an appeal against the Ruling of
the Court and have also filed an application
for stay of further proceedings pending the
determination of the Appeal. It is expected
that as law abiding citizens, no steps
would be taken by any party to frustrate
the judicial process.

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