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PostPosted: Tue Jul 10, 2018 6:24 pm 
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UPDATE:

The Jos Court adjourned the case today until September 25 because the court is going on vacation. Well, Dalung gets one of the things he wanted which is the postponement of elections. my understanding is that talks are holding in the background to avert an imminent FIFA hammer. Whatever those talks are, I hope that Pinnick never agrees on a role for Giwa. That should not happen.

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PostPosted: Tue Jul 10, 2018 6:48 pm 
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EII,
Its really mind boggling that some folks refuse to accept the truth when it stares them in the face.
Giwa lost when he appealed to CAS. How and why that is difficult for some to digest is beyond me. Even if the Nigerian courts foolishly decide to anoint him as the rightful owner of the NFF throne (which I sincerely doubt would happen), there is NOOO way he will ever be recognized by FIFA.

FIFA should just go ahead and ban Nigeria because the postponement is just a ploy by Nigeria to kick the can down the road and buy time.
FIFA needs to send a very strong message here which should serve as a future deterrent.
Enugu II wrote:
Bros, I was stunned by what FM highlighted when key aspects of the case were right there before his very eyes!

The case simply is that FIFA was not wrong in denying GIwa as winner of the elections. Bear in mind that Giwa's case to CAS was to declare that FIFA was wrong in making that declaration. He lost that in the CAS arbitration and yet FM is highlighting a piece that says that CAS cannot rule on a local election. Sure it cannot but it can and did rule on whether FIFA intervention was in order or not. That is the critical point and one that KOC points out in his piece.

I had previously posted the entire CAS ruling here and it is available online for anyone interested in the facts.

Bottomline is that Giwa cannot be made NFF President and recognized by FIFA. That is simply the bottomline. Nigeria has to move on and elect an NFF President following laid down procedure. Forget Giwa. It should be that simple.

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PostPosted: Tue Jul 10, 2018 7:23 pm 
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Enugu II wrote:
UPDATE:

The Jos Court adjourned the case today until September 25 because the court is going on vacation. Well, Dalung gets one of the things he wanted which is the postponement of elections. my understanding is that talks are holding in the background to avert an imminent FIFA hammer. Whatever those talks are, I hope that Pinnick never agrees on a role for Giwa. That should not happen.

Only if you privilege information we don't have.... How was Dalung got what he wanted?

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PostPosted: Tue Jul 10, 2018 8:16 pm 
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Enugu II wrote:
UPDATE:

The Jos Court adjourned the case today until September 25 because the court is going on vacation. Well, Dalung gets one of the things he wanted which is the postponement of elections. my understanding is that talks are holding in the background to avert an imminent FIFA hammer. Whatever those talks are, I hope that Pinnick never agrees on a role for Giwa. That should not happen.



What kind of rubbish is this?

This is why FIFA only recognizes CAS.

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PostPosted: Tue Jul 10, 2018 8:37 pm 
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The adjournment means that the court has not had the opportunity to address the subject of the motion before it, hence no action. FIFA itself will be forced to wait under the circumstances and to protect its interest and that of the man it recognizes. Its an unwanted and uncomfortable reprieve from a ban until September . Meanwhile, its the Giwa show domestically, while Pinnick functions internationally. A uniquely Nigerian quagmire!

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PostPosted: Tue Jul 10, 2018 8:39 pm 
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How long does it take Nigerian courts to hear and close a case on average?

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PostPosted: Tue Jul 10, 2018 9:32 pm 
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Fabio,

Dalung had long wanted elections postponed and for the deadline to buy candidacy forms to be extended. That has been in the media for a long period. It isn't privileged information. Although there are many issues surrounding this but I have no published media source to cite for those and will not put them here. In any case, the new court date for September forces the elections to be shifted and possibly opportunity to re-negotiate the opening of the form sale period.

fabio wrote:
Enugu II wrote:
UPDATE:

The Jos Court adjourned the case today until September 25 because the court is going on vacation. Well, Dalung gets one of the things he wanted which is the postponement of elections. my understanding is that talks are holding in the background to avert an imminent FIFA hammer. Whatever those talks are, I hope that Pinnick never agrees on a role for Giwa. That should not happen.

Only if you privilege information we don't have.... How was Dalung got what he wanted?



Quote:
AGF to determine NFF leadership, says Dalung
NAN
http://sunnewsonline.com/agf-to-determine-nff-leadership-says-dalung/

The interpretation of the Supreme Court judgment by the Attorney-General of the Federation will determine the fate of football leadership in Nigeria, says Solomon Dalung, Minister of Youths and Sports.

Dalung who made the remark while speaking with newsmen, in Abuja, on Wednesday, cautioned the Nigeria Football Federation (NFF) to await the interpretation of the judgement before going ahead with its elections.

Dalung had earlier, in May, called on the NFF to put off its election billed for September to enable it concentrate on the FIFA World Cup in Russia.

Dalung noted that the Federal Government has invested so much towards qualifying and achieving a respectable World Cup result, stressing that a call for purchase of forms and setting up of an electoral committee at this time was a distraction.

Dalung’s words, “I don’t want to join issue with anybody who is buying form, but the most important thing now for this country is the World Cup.

“Like I say, the election is about electing 15 persons into the board of NFF while the World Cup is a passion of about 180 million Nigerians.

“So, it is ridiculous for anybody to imagine that after investing so much in preparing for the World Cup, at this point trade it off for elections of a 15-member board.

“More so that I have also drawn their attention that there is a Supreme Court judgement that we have been served, and we have sent the judgement to the Attorney General of the Federation for advice.

“Therefore everything that we must do now must wait for the outcome of the advice of the Attorney General because it will determine the fate of football leadership in Nigeria,’’ he said.

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PostPosted: Wed Jul 11, 2018 2:00 am 
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txj and Enugu II

I highlighted those "silent" facts that were being ignored.

CAS Arbitrators are not judges and many of them (not all of them) are extremely partial (biased) and also lacked full independence. The decisions of FIFA and CAS Arbitrators cannot trump over that of the Federal High Court of Nigeria and the Supreme Court of Nigeria should these bodies exercise jurisdiction to hear any sporting matter. The Swiss Federal Tribunal has not decided that FIFA and CAS Arbitrators are beyond the powers of Federal High Court. In fact extreme irregularity decided by the Federal High Court could be used to normalise or set aside previous decisions of FIFA and CAS through revision application to the Swiss Federal Tribunal.

If you read the full judgment by clicking the hyperlink I provided above (CAS Decision) you would see a contradiction of the CAS Arbitrators who tacitly recognised the Giwa NFF yet made a decision not to recognise the election of 26 August 2014. They ought to have decided very plainly that Giwa NFF cannot sue FIFA.
Enugu II wrote:
txj wrote:
FM,

You forgot to similarly highlight the portion in red. Perhaps you were too busy....


Football Manager wrote:
CAS Decision

F) Concluding Remarks

213. The Panel recognizes that the dispute before it is arose in connection with a longstanding struggle occurring in Nigerian football between different personalities and factions fighting for leadership within the NFF. In light of this, and in the interest of avoiding any misuse of this award, the Panel wishes to clarify that its task in the present arbitration between the NFF and FIFA was not to opine or adjudge on the political situation in Nigerian football or to decide which of the disputing personalities and factions is more deserving to hold the reigns of the NFF and manage Nigerian football. On the contrary, the Panel had the limited scope of review to simply determine whether FIFA had sufficient factual and legal grounds, in terms of Article 17 of its own Statutes, to deny its recognition of the NFF elections. In holding that FIFA legitimately denied recognition of the election of 26 August 2014 and that the FIFA President’s letter of 1 October 2014 did not constitute an appealable decision, the Panel could not and has not touched on the merits of the political clash plaguing Nigerian football. Therefore, the content of this award should in no way be viewed or treated as the CAS’s determination on such political feud, nor as an acceptance, support or rejection of any of the involved personalities and factions.


Txj,

Bros, I was stunned by what FM highlighted when key aspects of the case were right there before his very eyes!

The case simply is that FIFA was not wrong in denying GIwa as winner of the elections. Bear in mind that Giwa's case to CAS was to declare that FIFA was wrong in making that declaration. He lost that in the CAS arbitration and yet FM is highlighting a piece that says that CAS cannot rule on a local election. Sure it cannot but it can and did rule on whether FIFA intervention was in order or not. That is the critical point and one that KOC points out in his piece.

I had previously posted the entire CAS ruling here and it is available online for anyone interested in the facts.

Bottomline is that Giwa cannot be made NFF President and recognized by FIFA. That is simply the bottomline. Nigeria has to move on and elect an NFF President following laid down procedure. Forget Giwa. It should be that simple.

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PostPosted: Wed Jul 11, 2018 2:57 am 
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FM,

But the facts that you claim to be silent are already known and easily accessible online. I posted the entire decision few days ago.

The points you raise are somewhat surprising. First, why has Giwa not taken the route that you noted? That should be what to ponder. As is, the argument that you make does not follow. From my reading of the CAS verdict, CAS did not tacitly recognize Giwa's NFF. Instead, CAS noted that it is not its decision to make i.e. to recognize who has won an election for the NFF in Nigeria. But CAS made it clear that FIFA's decision on the matter was well within FIFA's regulation.

Your claim about the bias of the CAS judges is your opinion and should be seen as such. One can make a similar claim about any panel of judges as is often the case of the US Supreme Court, for example. BTW, any ideas on why they should be particularly motivated to be biased against GIwa? To be frank, I do not know the importance of their disposition on this case. If Giwa feels the decision is biased why not file a case in the Swiss courts?

As a legal matter, no one as far as I know, has argued that CAS or FIFA's rules trump the Supreme Court or other Nigerian courts. That is not the issue. The issue is that by GIwa going through those courts, he violates a FIFA rule for which he has been suspended. If those courts were to institute Giwa as NFF President, better believe that FIFA is well within its rights to suspend Nigeria for the very fact that the case went to the courts in clear violation of FIFA's rules to which the Nigeria FF agreed to follow. That is the issue and not about the superiority of Nigerian courts over FIFA or CAS. There is a difference here.

Football Manager wrote:
txj and Enugu II

I highlighted those "silent" facts that were being ignored.

CAS Arbitrators are not judges and many of them (not all of them) are extremely partial (biased) and also lacked full independence. The decisions of FIFA and CAS Arbitrators cannot trump over that of the Federal High Court of Nigeria and the Supreme Court of Nigeria should these bodies exercise jurisdiction to hear any sporting matter. The Swiss Federal Tribunal has not decided that FIFA and CAS Arbitrators are beyond the powers of Federal High Court. In fact extreme irregularity decided by the Federal High Court could be used to normalise or set aside previous decisions of FIFA and CAS through revision application to the Swiss Federal Tribunal.

If you read the full judgment by clicking the hyperlink I provided above (CAS Decision) you would see a contradiction of the CAS Arbitrators who tacitly recognised the Giwa NFF yet made a decision not to recognise the election of 26 August 2014. They ought to have decided very plainly that Giwa NFF cannot sue FIFA.

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PostPosted: Wed Jul 11, 2018 4:03 pm 
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EII,

The facts don't filter through in your responses. I read that a Court of Law did set aside the ban or suspension made against Giwa. That decision as a matter of substantive law cannot be administratively changed by FIFA on the basis of FIFA statutes or rules. I have seen decisions made by Ordinary Courts in Belgium, Germany, and Switzerland (not necessarily the Swiss Federal Tribunal which normally should exercise jurisdiction) which were accepted by FIFA. So if a Federal High Court in Nigeria decided to exercise jurisdiction and decide on sporting matter then FIFA ought to comply with such decision made by a Court of Law.

You asked the question why has Giwa not taken the route that I noted? I am not a representative for any of the parties (at least at this time of writing) so cannot tell with 100% certainty what they have substantively explored. But the decisions of the Courts and investigation(s) being mentioned could be the required processes upon which any further steps could be predicated.

As you would see in the following quotation from the CAS Arbitrators they were not out to determine the validity of the 26 August 2014 election. I have highlighted some words that are crucial in the quotation.

Quote:
212. With this dismissal the Panel does not rule that the election of 26 August 2014 was invalid under its proper law, because this finding would fall outside of the Panel’s scope of review. Instead, the Panel simply concludes that FIFA could, based on the factual circumstances alluded to above, hold the election as not recognized under Article 17 of the FIFA Statutes and act accordingly for the purposes of the NFF’s relationship with FIFA, regardless of whether the elections might have been valid in terms of Nigerian law, the NFF Statutes and/or the NFF Electoral Code.


Enugu II wrote:
FM,

But the facts that you claim to be silent are already known and easily accessible online. I posted the entire decision few days ago.

The points you raise are somewhat surprising. First, why has Giwa not taken the route that you noted? That should be what to ponder. As is, the argument that you make does not follow. From my reading of the CAS verdict, CAS did not tacitly recognize Giwa's NFF. Instead, CAS noted that it is not its decision to make i.e. to recognize who has won an election for the NFF in Nigeria. But CAS made it clear that FIFA's decision on the matter was well within FIFA's regulation.

Your claim about the bias of the CAS judges is your opinion and should be seen as such. One can make a similar claim about any panel of judges as is often the case of the US Supreme Court, for example. BTW, any ideas on why they should be particularly motivated to be biased against GIwa? To be frank, I do not know the importance of their disposition on this case. If Giwa feels the decision is biased why not file a case in the Swiss courts?

As a legal matter, no one as far as I know, has argued that CAS or FIFA's rules trump the Supreme Court or other Nigerian courts. That is not the issue. The issue is that by GIwa going through those courts, he violates a FIFA rule for which he has been suspended. If those courts were to institute Giwa as NFF President, better believe that FIFA is well within its rights to suspend Nigeria for the very fact that the case went to the courts in clear violation of FIFA's rules to which the Nigeria FF agreed to follow. That is the issue and not about the superiority of Nigerian courts over FIFA or CAS. There is a difference here.

Football Manager wrote:
txj and Enugu II

I highlighted those "silent" facts that were being ignored.

CAS Arbitrators are not judges and many of them (not all of them) are extremely partial (biased) and also lacked full independence. The decisions of FIFA and CAS Arbitrators cannot trump over that of the Federal High Court of Nigeria and the Supreme Court of Nigeria should these bodies exercise jurisdiction to hear any sporting matter. The Swiss Federal Tribunal has not decided that FIFA and CAS Arbitrators are beyond the powers of Federal High Court. In fact extreme irregularity decided by the Federal High Court could be used to normalise or set aside previous decisions of FIFA and CAS through revision application to the Swiss Federal Tribunal.

If you read the full judgment by clicking the hyperlink I provided above (CAS Decision) you would see a contradiction of the CAS Arbitrators who tacitly recognised the Giwa NFF yet made a decision not to recognise the election of 26 August 2014. They ought to have decided very plainly that Giwa NFF cannot sue FIFA.

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PostPosted: Wed Jul 11, 2018 4:38 pm 
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Nigeria is not special. FIFA won't comply with Nigerian courts because of corrupt Nigerian judges and lawyers. We all saw what Sheriff did to the PDP with the help of a corrupt Judge. Go to CAS if you have a grieviance.

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PostPosted: Fri Jul 13, 2018 3:48 pm 
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PostPosted: Fri Jul 13, 2018 4:33 pm 
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Unfortunately, I am not adept at posting videos ion this site, however for those interested there is a video of the press conference by Infantino in Moscow from which this story is written. He says the case is clear cut. I cannot make it any clearer than the FIFA President has. You can access the video by checking the website. I hope that makes it clear.

Quote:
VIDEO: FIFA BOSS AFFIRMS AMAJU PINNICK AS NFF PRESIDENT, NIGERIA RISKS BAN
2 HOURS AGO
https://www.sportsvillagesquare.com/2018/07/13/video-fifa-boss-affirms-amaju-pinnick-as-nff-president-nigeria-risks-ban/
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BY KUNLE SOLAJA.


Once again, world football governing body, FIFA has made its stand clear on the situations surrounding the Nigeria Football Federation, NFF.

FIFA President, Gianni Infantino at press conference in Moscow provided the insight into FIFA’s stand while answering questions posed by Nigerian journalist, Remi Sulola of The Cable.ng.

“The Nigeria Football Federation has a president and his name is Amaju Pinnick. He has been elected. We have been very clear about that sometime ago.

“I learnt the issue has come up again. The situation is very clear. We have statues, we have regulations. It’s very clear. That can be no interference in the running of the associations.

“…Pinnick is working here (World Cup in Moscow) in official capacity…he is the president, he is the president for FIFA, the president elected by the members of the Nigeria Football Association
(Federation).

“And that is the end of the story. If any other external body feels it can change the story and Nigeria risks to be banned like it happened in the other countries.

“We have processes, democratic processes that need to be respected. It is very clear and simple case as far as we are concerned. We have stated this before”, said the FIFA president.


A FIFA ban on Nigeria will invoke the principle of prohibited contacts as stated in Art. 79 of the FIFA Statutes.

In that wise, the Falconets will forfeit their ticket to the FIFA U-20 World Cup in France next month while the September fixtures of the Super Eagles in the 2019 Africa Cup of Nations shall be forfeited apart from Enyimba being thrown out of CAF Confederations Cup.

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PostPosted: Fri Jul 13, 2018 6:57 pm 
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I said it before.

The problem with Nigeria as a country, is that we think we are special. We think there are separate laws of physics that apply to us. We think there is some divine intervention that places us in a separate category from other nations.

It is this level of arrogance that gets in the way of basic common sense in Nigeria. FIFA has its statutes that have been made abundantly clear over the decades.

All this talk of court ruling just makes us look like a bunch of clowns, playing house in some make belief realm. FIFA WILL NOT accept Chris Giwa as President.

He will be the president of nothing, no ANC, no Youth Tourneys, no World Cup, nothing. What world do these people inhabit? Is it so hard to live in the normal word with other homo sapiens?

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PostPosted: Fri Jul 13, 2018 7:15 pm 
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Perhaps this is a deliberate act of sabotage by that pot-bellied clown Giwa, so Nigeria can be tapping ball in the NPFL against Giwa United.

That Huseless man is trying to use the likes of Iwobi and Moses as 'expensive' training material, because if he doesn't sit his arse down somewhere, that is the only national duty that they will be performing.

As for that girl scout beret wearing dunce known as Daloony, e better learn to sell okin biscuits, because he has presided over more failure than most sports ministers in history.

A seasoned politician would be looking for every bit of excuse to dodge the media, especially with the dreaded Olympics nearing in 2 years, but no the failure is proud of his CV!

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PostPosted: Fri Jul 13, 2018 7:51 pm 
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Infantino just said Pinnick is NFF president.

Dalung release statement saying NFF crisis should be resolved internally.

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PostPosted: Sat Jul 14, 2018 3:49 am 
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Enugu II wrote:
Unfortunately, I am not adept at posting videos ion this site, however for those interested there is a video of the press conference by Infantino in Moscow from which this story is written. He says the case is clear cut. I cannot make it any clearer than the FIFA President has. You can access the video by checking the website. I hope that makes it clear.



https://www.instagram.com/p/BlMTthrFEKz/?hl=en

:clap: :clap: :clap: :clap: :clap: :clap:

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PostPosted: Sat Jul 14, 2018 5:13 am 
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Football Manager wrote:
EII,

The facts don't filter through in your responses. I read that a Court of Law did set aside the ban or suspension made against Giwa. That decision as a matter of substantive law cannot be administratively changed by FIFA on the basis of FIFA statutes or rules. I have seen decisions made by Ordinary Courts in Belgium, Germany, and Switzerland (not necessarily the Swiss Federal Tribunal which normally should exercise jurisdiction) which were accepted by FIFA. So if a Federal High Court in Nigeria decided to exercise jurisdiction and decide on sporting matter then FIFA ought to comply with such decision made by a Court of Law.

You asked the question why has Giwa not taken the route that I noted? I am not a representative for any of the parties (at least at this time of writing) so cannot tell with 100% certainty what they have substantively explored. But the decisions of the Courts and investigation(s) being mentioned could be the required processes upon which any further steps could be predicated.

As you would see in the following quotation from the CAS Arbitrators they were not out to determine the validity of the 26 August 2014 election. I have highlighted some words that are crucial in the quotation.

Quote:
212. With this dismissal the Panel does not rule that the election of 26 August 2014 was invalid under its proper law, because this finding would fall outside of the Panel’s scope of review. Instead, the Panel simply concludes that FIFA could, based on the factual circumstances alluded to above, hold the election as not recognized under Article 17 of the FIFA Statutes and act accordingly for the purposes of the NFF’s relationship with FIFA, regardless of whether the elections might have been valid in terms of Nigerian law, the NFF Statutes and/or the NFF Electoral Code.





Did the "Court" also set aside the bans extended by CAF and FIFA against Giwa and his cronies? While a court can "set aside" Giwa's NFF ban, no court in no country can force FIFA to recognize the election of the Giwa board based off the Aug 26 2014 election. Even if you are correct that some court has overturned his Nigeria ban, he is presumably still banned by FIFA and CAF, which would prevent him from taking part in any football related activity.

Why do you keep on harping on the fact that CAS did not determine the validity of the 26 August 2014 election? That is utterly irrelevant and not in dispute! It was outside the scope of their review. CAS did not determine the validity of the September 30 election either.

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PostPosted: Sat Jul 14, 2018 6:22 am 
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metalalloy wrote:
Football Manager wrote:
EII,

The facts don't filter through in your responses. I read that a Court of Law did set aside the ban or suspension made against Giwa. That decision as a matter of substantive law cannot be administratively changed by FIFA on the basis of FIFA statutes or rules. I have seen decisions made by Ordinary Courts in Belgium, Germany, and Switzerland (not necessarily the Swiss Federal Tribunal which normally should exercise jurisdiction) which were accepted by FIFA. So if a Federal High Court in Nigeria decided to exercise jurisdiction and decide on sporting matter then FIFA ought to comply with such decision made by a Court of Law.

You asked the question why has Giwa not taken the route that I noted? I am not a representative for any of the parties (at least at this time of writing) so cannot tell with 100% certainty what they have substantively explored. But the decisions of the Courts and investigation(s) being mentioned could be the required processes upon which any further steps could be predicated.

As you would see in the following quotation from the CAS Arbitrators they were not out to determine the validity of the 26 August 2014 election. I have highlighted some words that are crucial in the quotation.

Quote:
212. With this dismissal the Panel does not rule that the election of 26 August 2014 was invalid under its proper law, because this finding would fall outside of the Panel’s scope of review. Instead, the Panel simply concludes that FIFA could, based on the factual circumstances alluded to above, hold the election as not recognized under Article 17 of the FIFA Statutes and act accordingly for the purposes of the NFF’s relationship with FIFA, regardless of whether the elections might have been valid in terms of Nigerian law, the NFF Statutes and/or the NFF Electoral Code.





Did the "Court" also set aside the bans extended by CAF and FIFA against Giwa and his cronies? While a court can "set aside" Giwa's NFF ban, no court in no country can force FIFA to recognize the election of the Giwa board based off the Aug 26 2014 election. Even if you are correct that some court has overturned his Nigeria ban, he is presumably still banned by FIFA and CAF, which would prevent him from taking part in any football related activity.

Why do you keep on harping on the fact that CAS did not determine the validity of the 26 August 2014 election? That is utterly irrelevant and not in dispute! It was outside the scope of their review. CAS did not determine the validity of the September 30 election either.


Typical Nigerian legal process. Confusion Confusion Confusion. They will frustrate the process and look for every technicalities. Look at how Saraki lawyers cross examined one witness for months. . His trial lasted for years until he found a political solution. Look at how Sheriff used a corrupt judge to destabilize the PDP. Nigeria judiciary is a cesspool of corruption. Why would FIFA recognize it?

I hope FIFA takes a pre-emptive strike and bans Nigeria until the judge rescind his order. And give a clear warning that it must never happen again. FIFA must make a statement. The only things those idiots fear is international embarrassment. The rules are clear. If you have a grievance, go to CAS. How difficult is that?

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PostPosted: Sat Jul 14, 2018 11:34 am 
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Tbite wrote:
I said it before.

The problem with Nigeria as a country, is that we think we are special. We think there are separate laws of physics that apply to us. We think there is some divine intervention that places us in a separate category from other nations.

It is this level of arrogance that gets in the way of basic common sense in Nigeria. FIFA has its statutes that have been made abundantly clear over the decades.

All this talk of court ruling just makes us look like a bunch of clowns, playing house in some make belief realm. FIFA WILL NOT accept Chris Giwa as President.

He will be the president of nothing, no ANC, no Youth Tourneys, no World Cup, nothing. What world do these people inhabit? Is it so hard to live in the normal word with other homo sapiens?


KPOM!! It infuriates me!!

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