Orders re-hearing of suit before Federal High Court, Jos
The Supreme Court has refused to hear a suit seeking to sack the Amaju Pinnick-led executive committee of the Nigeria Football Federation (NFF).
Instead, the court, in unanimous judgment of a five-man panel, ordered the re-listing of the suit before the Federal High Court in Jos, Plateau State for it to be heard promptly on the merit
The judgment was on an appeal marked:SC/731/2016 between Yahaya Adama and Obinna Ogba vs. Aminu Maigari and 3 others.
The Chief Justice of Nigeria (CJN), Justice Walter Onoghen, who headed the panel, wrote the lead judgment, which Justice Ejembi Eko read in his absence.
The Supreme Court, set aside the judgment of the Court of Apeal which said the suit could no longer be heard having earlier been struck out by the Federal High Court, Jos.
The apex court declined the appellants’ prayer that it invokes its powers under Section 22 of the Supreme Court Act to hear and determine the case on the merit.
It noted that the appellants failed to meet the necessary conditions to warrant the court to invoke it’s powers under Section 22 of its Act to hear a case as a trial court.
The court also said the conditions were put in place to discourage lawyers from flooding the apex court with requests for trying cases, which is the duty of the trial courts.
Adamu and Ogba, on September 19, 2014 filed initiated the suit before the Federal High Court, Jos, praying the court to among others, hold that they, along with others elected on August 26, 2014, were members of the legitimate executive committee of the NFF.
They listed as defendant, the NFF (represented by its President, Alhaji Aminu Maigari and Musa Adamu), the Plateau State Football Association representing the football association in the 36 states of federation and the Federal Capital Territory (FCT) and the Minister of Sports.
On September 19, 2014, the Federal High Court granted an ex parte order restraining the NFF from conducting its General Assembly.
Despite the court’s order, the NFF proceeded to conduct the General Assembly where members of the Pinnick-led executive committee were elected on September 20, 2014.
On September 23, 2014, the Federal High Court, nullified the General Assembly and the elections which produced Pinnick and other members of his executive for being held three days earlier in defiance of a pending suit and the court’s restraining orders.
Due to a settlement talks said to be being brokered by then then President Goodluck Jonathan, Adama and Ogba, on October 30,2014, applied to withdraw the suit and the court promptly struck it.
The court then set aside the previous injunctive orders made against the elections of Pinnick-led executive.
With the talks said to have broken down the plaintiffs subsequently applied for the re-listing of the case, a prayer the court granted.
The court in granting the prayer also restored all the injunctive orders set aside while earlier striking out the suit.
But the Maigari-led executive and the Plateau State Football Association representing the other associations in the FCT and other states, appealed the Federal High Court’s ruling at the Court of Appeal in Jos.
On July 25, 2016, the Court of Appeal delivered its judgment, allowed the appeal and nullified the Federal High Court’s ruling re-listing the case.
The Court of Appeal also set aside the injuncitve orders which the Federal High Court restored.
Adama and Ogba later appealed to the Supreme Court, through their lawyer, P.I.N Ikwueto (SAN).
They the court to set aside the judgment of the Court of Appeal, which set aside the order of the Federal High Court, re-listing of the case.
They also urged the apex court to invoke section 22 of the Supreme Court Act by taking over the case and decide it on merit
The respondents, represented by Festus Keyamo (SAN), objected to the appeal and urged the court to dismiss it.
