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PostPosted: Fri Jul 06, 2018 8:32 pm 
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Otitokoro wrote:
I don't know where you get off with this comment on your part, but FIFA does NOT give a rats arse about the Nigerian courts decision.

Look, its really not by force that Nigeria be a part of FIFA. However, if they do decide to be a part of this world body, then they had better be prepared to abide by its statutes, laws and regulations, else they face the consequences of disobedience.

I really cannot believe some jackass (specifically Giwa), whose election came about through crooked means (impersonations of the members of the NFF congress, having the then NFF president Maigari arrested and holding so-called elections that were certainly NOT free and fair) would have the temerity to be seeking 'justice' when he got outwitted and was beaten at his own game.

FIFA should actually impose a life ban from all footballing activities on this cock-sucking orangutan and his band of crooks. And if the stupid Minister and the imbecilic Nigeria court system insist on imposing him on Nigerians, then FIFA should impose a ban on Nigeria for at least, the next 12 months, regardless of whether a settlement is reached. This should hopefully teach these morons a lesson.

Football Manager wrote:
fabio appeared to have more knowledge about the situation in relation to jurisdiction than Enugu II.

As long as Nigeria courts stand firm, FIFA and CAS will bow to the supremacy of the Nigerian Courts of unlimited jurisdiction on this issue (should they accept jurisdiction).

FIFA Judges are normally FIFA Committee members whose decisions are de facto made by the respective FIFA case workers. Many of their decisions are influenced by nepotism, fraud, false representations etc. I have not said there are frauds etc in this instance with the NFF but just letting forumers aware that Nigeria Federal High Court and the Supreme Court of Nigeria can set aside the decisions made by FIFA and CAS Arbitrators. It must be noted that many (not all) of the CAS Arbitrators are lawyers who are known never to be truly independent and impartial in their decisions.


I don't think Football manager was serious when he wrote that post.


FIFA was wise to only respect the decision of CAS and FIFA own dispute resolution system. We all saw what Sherif did to the PDP with the help of corrupt judges.

Every one that joins FIFA agrees to obey the rules. What makes Nigeria special.

I agree with FIFA here. I actually want FIFA to ban Nigeria and increase Chris Giwa ban.

They think every one like to live in a lawless society like them.

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PostPosted: Tue Jul 10, 2018 2:53 am 
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This is well written and quite particular with the details and analysis. If you are not well versed with the crisis or have forgotten some details, this is certainly of great help.

Quote:
Denouement: The unvarnished truth about NFF crisis
http://oraclenews.ng/denouement-the-unvarnished-truth-about-nff-crisis/
By Colin Udoh

Nigeria’s simmering football crisis erupted again last Monday when Sports Minister Solomon Dalung issued a statement directing the NFF to obey a Supreme Court decision of April which supposedly restored all previous orders previously issued by the Federal High Court, Jos. Both parties return to court on July 10 for what should be the first time the substantive case will be heard.

But what is really going on, and what is the true situation of things? Colin Udoh breaks it down as both parties return to court on July 10 to argue the substantive suit


How it all began

To understand how this all begun, we have to go all the way back to 2006 to a familiar script now recurring with consistency since Nigeria failed to qualify for the World Cup in Germany that year. NFA chairman Ibrahim Galadima declared to a still-traumatised nation that the World Cup is “not Nigeria’s birthright” and all but sealed his fate.

In actual fact, it dates well beyond that as Nigerian Sports Ministers have routinely found ways to do away with NFA (as the body was known at the time) chairmen who grew too big for their boots.

Emeka Omeruah, Abdulmumini Aminu, Kojo Williams and Dominic Oneya have all been previous victims. Williams barely lasted three months.

But 2006 was when it really kicked off. Despite securing re-election, Galadima was hounded out of office with unproven accusations and allegations of corruption, following a battle that dragged for months.

After a series of back and forth with FIFA, the standoff resulted in a fresh election where Sani Lulu was elected NFF president.

Lulu himself suffered the same fate four years after, when he was also accused of corruption and similarly kicked out of office. Aminu Maigari was elected in his place.

It took nearly eight years before Lulu, who consistently protested his innocence, was cleared of all charges.

In 2014, it was Maigari’s turn to face the same accusations of corruption, allegations that he and his board vehemently denied.

It mattered little. Maigari was impeached, but restored to his post by FIFA, which ruled that there were procedural irregularities with his impeachment.

And that is where our story begins, as is detailed here.

Christopher Giwa was supposedly elected on August 26 2014, in an election where – according to a CAS ruling – only 12 delegates out of 44 voted.

That “election” was not recognised by FIFA. Amaju Pinnick was elected on September 30 with the presence and active participation of all 44 delegates.


What is the current situation?

As detailed above, Christopher Giwa went to court claiming that he had a court order restraining the NFF from holding the Congress and election, which brought in Pinnick.

The NFF argued that it was not properly served that order. The court agreed and did not indict them for contempt, but did rule that its previous order recognising Chris Giwa and his board should stand pending the determination of the main suit, effectively nullifying Pinnick’s election, until that substantive suit is argued.

Giwa then occupied the Glass House, NFF’s headquarters in Abuja. The threat of a FIFA ban, and the agreement for an out of court settlement, forced him to withdraw.

But when that out of court settlement did not materialize, Giwa’s board returned to court in February 2016 requesting the court to grant them leave to re-list the case, and all its orders.

Justice Musa Haruna granted that leave, and the case was re-listed. NFF appealed the decision, claiming it was wrong for the judge to allow the re-listing of a case, which had been effectively declared dead when it was withdrawn. Their appeal was granted.

Giwa’s team subsequently appealed that decision to the Supreme Court, which upheld their appeal, and directed that the case be re-tried from the beginning.


The Giwa camp claimed that ruling, restoring all the orders, gave them the authority to re-take control of the Glass House.

Although the NFF argued otherwise, Giwa’s lawyers sought and obtained an ex parte order allowing him to occupy the Glass House, which he did this week, which is where we are at the moment.

Here is a timeline of the events leading up until the NFF’s appeal.

The NFF have challenged the motion, and a hearing has been fixed for July 10.

What really are the legal issues in contention?

While there have been court orders, and appeals flying around since 2014, the fact of the matter is that the real case has not been litigated in the Nigerian courts.

Only once, at the Court of Arbitration for sport, was it litigated. Giwa, challenging FIFA’s decision to recognise Pinnick’s election and not his, lost the appeal

So the key issues to be decided are:

Whether or not the election of August 26 which brought in Chris Giwa’s is valid or not under FIFA Statutes
Whether the NFF Election of September 30 which brought in Amaju Pinnick and his board is valid or not under FIFA/NFF Statutes and Nigeria law

Note the key differences:

Issue 1

As already determined and stated in the CAS ruling, Issue (1) will be litigated under the FIFA and NFF Statutes. In that ruling, on page 55, para 212, CAS made it clear in throwing out Giwa’s appeal, that the case should be argued under its proper governing law, in this case, the NFF/FIFA Statutes and the NFF/FIFA Electoral Code.

FIFA however, successfully argued in the CAS arbitration suit, that according to Article 17 of its Statures, Giwa’s election was invalid because of third party involvement. CAS also determined that a quorum was not formed (page 52, para 202)

So, based on the above, it is quite clear that Giwa’s election cannot be recognised by FIFA.

Issue 2

This will be determined by a combination of Nigerian law and FIFA Statutes.

a) Nigerian Law: The issue from a Nigerian law point of view is whether or not both Congresses ofSeptember 20 and September 30, which held despite a temporary restraining Order of Court not to go ahead, is valid.
When the NFF appeared in court on October 27, 2014 to defend their case against contempt, their lawyers argued that they were not properly served the Court Order restraining them from holding the Congress and election. The judge agreed and did not convict them of contempt.

However, he did grant another temporary Order setting aside both Congresses and the elections, pending determination of the substantive suit.

This is important because for the election to stand, the NFF would need to convince the judge that because they were not served the order, both those congresses should be allowed to stand as they were held in line with the proper law governing them – which is the NFF/FIFA Statutes and Electoral Code.

If they are successful in their argument, their election will stand and life will go on.

If they are not, then that election would be nullified and fresh elections may have to be held. But Giwa will not be automatically installed as NFF president because as has already been shown via the NFF/FIFA Statutes and CAS ruling, his election was invalid according to the rules governing it.

b) FIFA Statutes/Electoral Code
In a letter to FIFA, Giwa’s lawyers argued that by Article 17 of its own Statutes, FIFA member associations are independent and should manage their affairs free of any third party interference. They point to FIFA as a third party interfering in NFF’s elections of 2014

“We make bold to state that on a proper reading and analysis of the relevant FIFA Statutes, FIFA has no power nor authority to interfere in conduct of elections of any member association such as the NFF,” they wrote to FIFA on May 2, 2018.

However, the lawyers failed to note Article G (2) of the FIFA Electoral Code, which states that

“FIFA has the right to intervene in the electoral processes of the association at any time to monitor its integrity and check that this code and the statutes and regulations of FIFA are being applied.”


That FIFA intervention in this instance was the approval given to the NFF’s letter to change the Congress of August 26, 2014 from an Elective Congress, and use it instead to draw a road map as a result of interference from Nigeria’s Sports Minister Tammy Danagogo and the SSS which arrested key NFF officials.

So will FIFA ban Nigeria?

Not yet.

Only if the NFF board recognised by FIFA are not allowed to carry out their duties, and if they communicate that interference officially to FIFA. At the moment, that has not happened. Pinnick is in Zurich performing his legitimate duties as NFF President and as a FIFA Match Commissioner.

If the court were to rule against Pinnick and his board, and install Giwa as NFF President, that board will not be recognised by FIFA, for the simple reason that FIFA, backed by the CAS ruling, established clearly that not only was there massive third party interference leading up to Giwa’s election, the accredited Delegates who voted in that election were less than six out of 44.


A ban would almost certainly follow.

When that happens, Pinnick and his board would have to be restored before any progress can be made

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PostPosted: Tue Jul 10, 2018 4:26 am 
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Enugu II wrote:
This is well written and quite particular with the details and analysis. If you are not well versed with the crisis or have forgotten some details, this is certainly of great help.

Quote:
Denouement: The unvarnished truth about NFF crisis
http://oraclenews.ng/denouement-the-unvarnished-truth-about-nff-crisis/
By Colin Udoh

Nigeria’s simmering football crisis erupted again last Monday when Sports Minister Solomon Dalung issued a statement directing the NFF to obey a Supreme Court decision of April which supposedly restored all previous orders previously issued by the Federal High Court, Jos. Both parties return to court on July 10 for what should be the first time the substantive case will be heard.

But what is really going on, and what is the true situation of things? Colin Udoh breaks it down as both parties return to court on July 10 to argue the substantive suit


How it all began

To understand how this all begun, we have to go all the way back to 2006 to a familiar script now recurring with consistency since Nigeria failed to qualify for the World Cup in Germany that year. NFA chairman Ibrahim Galadima declared to a still-traumatised nation that the World Cup is “not Nigeria’s birthright” and all but sealed his fate.

In actual fact, it dates well beyond that as Nigerian Sports Ministers have routinely found ways to do away with NFA (as the body was known at the time) chairmen who grew too big for their boots.

Emeka Omeruah, Abdulmumini Aminu, Kojo Williams and Dominic Oneya have all been previous victims. Williams barely lasted three months.

But 2006 was when it really kicked off. Despite securing re-election, Galadima was hounded out of office with unproven accusations and allegations of corruption, following a battle that dragged for months.

After a series of back and forth with FIFA, the standoff resulted in a fresh election where Sani Lulu was elected NFF president.

Lulu himself suffered the same fate four years after, when he was also accused of corruption and similarly kicked out of office. Aminu Maigari was elected in his place.

It took nearly eight years before Lulu, who consistently protested his innocence, was cleared of all charges.

In 2014, it was Maigari’s turn to face the same accusations of corruption, allegations that he and his board vehemently denied.

It mattered little. Maigari was impeached, but restored to his post by FIFA, which ruled that there were procedural irregularities with his impeachment.

And that is where our story begins, as is detailed here.

Christopher Giwa was supposedly elected on August 26 2014, in an election where – according to a CAS ruling – only 12 delegates out of 44 voted.

That “election” was not recognised by FIFA. Amaju Pinnick was elected on September 30 with the presence and active participation of all 44 delegates.


What is the current situation?

As detailed above, Christopher Giwa went to court claiming that he had a court order restraining the NFF from holding the Congress and election, which brought in Pinnick.

The NFF argued that it was not properly served that order. The court agreed and did not indict them for contempt, but did rule that its previous order recognising Chris Giwa and his board should stand pending the determination of the main suit, effectively nullifying Pinnick’s election, until that substantive suit is argued.

Giwa then occupied the Glass House, NFF’s headquarters in Abuja. The threat of a FIFA ban, and the agreement for an out of court settlement, forced him to withdraw.

But when that out of court settlement did not materialize, Giwa’s board returned to court in February 2016 requesting the court to grant them leave to re-list the case, and all its orders.

Justice Musa Haruna granted that leave, and the case was re-listed. NFF appealed the decision, claiming it was wrong for the judge to allow the re-listing of a case, which had been effectively declared dead when it was withdrawn. Their appeal was granted.

Giwa’s team subsequently appealed that decision to the Supreme Court, which upheld their appeal, and directed that the case be re-tried from the beginning.


The Giwa camp claimed that ruling, restoring all the orders, gave them the authority to re-take control of the Glass House.

Although the NFF argued otherwise, Giwa’s lawyers sought and obtained an ex parte order allowing him to occupy the Glass House, which he did this week, which is where we are at the moment.

Here is a timeline of the events leading up until the NFF’s appeal.

The NFF have challenged the motion, and a hearing has been fixed for July 10.

What really are the legal issues in contention?

While there have been court orders, and appeals flying around since 2014, the fact of the matter is that the real case has not been litigated in the Nigerian courts.

Only once, at the Court of Arbitration for sport, was it litigated. Giwa, challenging FIFA’s decision to recognise Pinnick’s election and not his, lost the appeal

So the key issues to be decided are:

Whether or not the election of August 26 which brought in Chris Giwa’s is valid or not under FIFA Statutes
Whether the NFF Election of September 30 which brought in Amaju Pinnick and his board is valid or not under FIFA/NFF Statutes and Nigeria law

Note the key differences:

Issue 1

As already determined and stated in the CAS ruling, Issue (1) will be litigated under the FIFA and NFF Statutes. In that ruling, on page 55, para 212, CAS made it clear in throwing out Giwa’s appeal, that the case should be argued under its proper governing law, in this case, the NFF/FIFA Statutes and the NFF/FIFA Electoral Code.

FIFA however, successfully argued in the CAS arbitration suit, that according to Article 17 of its Statures, Giwa’s election was invalid because of third party involvement. CAS also determined that a quorum was not formed (page 52, para 202)

So, based on the above, it is quite clear that Giwa’s election cannot be recognised by FIFA.

Issue 2

This will be determined by a combination of Nigerian law and FIFA Statutes.

a) Nigerian Law: The issue from a Nigerian law point of view is whether or not both Congresses ofSeptember 20 and September 30, which held despite a temporary restraining Order of Court not to go ahead, is valid.
When the NFF appeared in court on October 27, 2014 to defend their case against contempt, their lawyers argued that they were not properly served the Court Order restraining them from holding the Congress and election. The judge agreed and did not convict them of contempt.

However, he did grant another temporary Order setting aside both Congresses and the elections, pending determination of the substantive suit.

This is important because for the election to stand, the NFF would need to convince the judge that because they were not served the order, both those congresses should be allowed to stand as they were held in line with the proper law governing them – which is the NFF/FIFA Statutes and Electoral Code.

If they are successful in their argument, their election will stand and life will go on.

If they are not, then that election would be nullified and fresh elections may have to be held. But Giwa will not be automatically installed as NFF president because as has already been shown via the NFF/FIFA Statutes and CAS ruling, his election was invalid according to the rules governing it.

b) FIFA Statutes/Electoral Code
In a letter to FIFA, Giwa’s lawyers argued that by Article 17 of its own Statutes, FIFA member associations are independent and should manage their affairs free of any third party interference. They point to FIFA as a third party interfering in NFF’s elections of 2014

“We make bold to state that on a proper reading and analysis of the relevant FIFA Statutes, FIFA has no power nor authority to interfere in conduct of elections of any member association such as the NFF,” they wrote to FIFA on May 2, 2018.

However, the lawyers failed to note Article G (2) of the FIFA Electoral Code, which states that

“FIFA has the right to intervene in the electoral processes of the association at any time to monitor its integrity and check that this code and the statutes and regulations of FIFA are being applied.”


That FIFA intervention in this instance was the approval given to the NFF’s letter to change the Congress of August 26, 2014 from an Elective Congress, and use it instead to draw a road map as a result of interference from Nigeria’s Sports Minister Tammy Danagogo and the SSS which arrested key NFF officials.

So will FIFA ban Nigeria?

Not yet.

Only if the NFF board recognised by FIFA are not allowed to carry out their duties, and if they communicate that interference officially to FIFA. At the moment, that has not happened. Pinnick is in Zurich performing his legitimate duties as NFF President and as a FIFA Match Commissioner.

If the court were to rule against Pinnick and his board, and install Giwa as NFF President, that board will not be recognised by FIFA, for the simple reason that FIFA, backed by the CAS ruling, established clearly that not only was there massive third party interference leading up to Giwa’s election, the accredited Delegates who voted in that election were less than six out of 44.


A ban would almost certainly follow.

When that happens, Pinnick and his board would have to be restored before any progress can be made


Excellent article! Lays out both the factual and legal bases and the revelant jurisprudential angles.

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PostPosted: Tue Jul 10, 2018 4:39 am 
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Na wa o. I get the impression that in Nigeria we use the law to legalize illegality rather than use it to do the right thing.

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PostPosted: Tue Jul 10, 2018 6:33 am 
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Dammy wrote:
Nigeria the land of the absurd! How can people serving FIFA bans be allowed to run the NFF! This'll definitely not stand.

:rotf: :rotf: Even the Planet of the Apes is run better,Nigeria can never be taken seriously,Nigerians should understand why competing with organised nations is not easy.Old men who care nothing of the game have forced their way into office and no one bats an eyelid!

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PostPosted: Tue Jul 10, 2018 8:37 am 
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Today is court date. I expect another round of appeal until the Supreme Court.

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PostPosted: Tue Jul 10, 2018 8:41 am 
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That Dalung has no brain,I am sorry to say, the guy simply lacks the capacity to be a janitor never mind being a minister.

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PostPosted: Tue Jul 10, 2018 9:22 am 
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oloye wrote:
That Dalung has no brain,I am sorry to say, the guy simply lacks the capacity to be a janitor never mind being a minister.

Wetin Dalung do?

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PostPosted: Tue Jul 10, 2018 9:25 am 
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fabio wrote:
oloye wrote:
That Dalung has no brain,I am sorry to say, the guy simply lacks the capacity to be a janitor never mind being a minister.

Wetin Dalung do?

Nothing!

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PostPosted: Tue Jul 10, 2018 9:35 am 
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oloye wrote:
fabio wrote:
oloye wrote:
That Dalung has no brain,I am sorry to say, the guy simply lacks the capacity to be a janitor never mind being a minister.

Wetin Dalung do?

Nothing!

Why he no get brain. Dalung facilitated a peace meeting which didn't get the desired effect (according to reports Pinnick killed the meeting). The problem started before Dalung.

Abuse Dalung all you want, but he has ensured funds are released for the NFF even when the requests are received very late.

There is a court ruling, all parties should abide by it!

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PostPosted: Tue Jul 10, 2018 11:40 am 
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Fabio you are nothing but a common criminal. If you want peace at the glass house tell your master Dalung to abide by the FIFA statutes and leave the NFF alone. We all know you and your master want to chop part of that FIFA money.

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PostPosted: Tue Jul 10, 2018 12:07 pm 
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pajimoh wrote:
Na wa o. I get the impression that in Nigeria we use the law to legalize illegality rather than use it to do the right thing.


Isn't that how it works everywhere? :?

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PostPosted: Tue Jul 10, 2018 12:14 pm 
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bret- hart wrote:
Fabio you are nothing but a common criminal. If you want peace at the glass house tell your master Dalung to abide by the FIFA statutes and leave the NFF alone. We all know you and your master want to chop part of that FIFA money.


It has nothing to do with Dalung.

He was dragged into a case where both sides were jostling for power.

He tried to mediate. Pinnick wasn't having any of it.

Dalung is not above the Judiciary... but you want him to order Giwa to give it a rest?

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PostPosted: Tue Jul 10, 2018 12:24 pm 
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bret- hart wrote:
Fabio you are nothing but a common criminal. If you want peace at the glass house tell your master Dalung to abide by the FIFA statutes and leave the NFF alone. We all know you and your master want to chop part of that FIFA money.

God bless you. May his face shine upon and all that you do. Have a bless day and years ahead.

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PostPosted: Tue Jul 10, 2018 12:27 pm 
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pajimoh wrote:
Na wa o. I get the impression that in Nigeria we use the law to legalize illegality rather than use it to do the right thing.


KPOM!!! Correct Definition!!

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PostPosted: Tue Jul 10, 2018 12:29 pm 
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Cellular wrote:
bret- hart wrote:
Fabio you are nothing but a common criminal. If you want peace at the glass house tell your master Dalung to abide by the FIFA statutes and leave the NFF alone. We all know you and your master want to chop part of that FIFA money.


It has nothing to do with Dalung.

He was dragged into a case where both sides were jostling for power.

He tried to mediate. Pinnick wasn't having any of it.

Dalung is not above the Judiciary... but you want him to order Giwa to give it a rest?

Oga Cellular, thanks for being above board on this issue and saying the truth. We all the know the abuse Dalung is getting is due to Prejudice.

Let the court have the final say.

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PostPosted: Tue Jul 10, 2018 12:38 pm 
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Cristao II wrote:
pajimoh wrote:
Na wa o. I get the impression that in Nigeria we use the law to legalize illegality rather than use it to do the right thing.


KPOM!!! Correct Definition!!


I guess from your vantage point you know who is right and who is wrong?

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PostPosted: Tue Jul 10, 2018 2:16 pm 
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Dalung tried to broker peace, but Pinnick dismissed it.

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PostPosted: Tue Jul 10, 2018 2:22 pm 
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The mediator is biased. Would you attend the peace Talks?

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PostPosted: Tue Jul 10, 2018 2:37 pm 
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ohenhen1 wrote:
The mediator is biased. Would you attend the peace Talks?

How is Dalung biased?

Because he and Giwa are Northerners?

Because he and Giwa are from Jos?

Because he and Giwa are Christians?

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PostPosted: Tue Jul 10, 2018 2:44 pm 
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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.

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PostPosted: Tue Jul 10, 2018 3:05 pm 
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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.

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PostPosted: Tue Jul 10, 2018 6:14 pm 
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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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