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Tuesday, November 12, 2024

NFF, Pinnick ask judge to strike out Jalla, Baribote’s lawsuit

The judge said, “Let me give them one more opportunity, and if they do not come to court on that day, your application will be ripe.”

• November 11, 2024
Nigeria Football Federation and Amaju Pinnick

On Monday, the Nigeria Football Federation and its former president, Amaju Pinnick, urged the Federal High Court, Abuja Division, to strike out a suit against them by Harrison Jalla and Victor Rumson Baribote, among others.

NFF and Mr Pinnick, through their lawyer, Jibrin Okutekpa, told Justice Inyang Ekwo in court following the absence of the plaintiffs and their counsel.

In the writ of summons marked FHC/ABJ/CS/1376/2021, Messrs Jalla, Baribote, Austin Popo and the Registered Trustees of the National Association of Nigerian Footballers sued the NFF as the first defendant.

They joined Mr Pinnick and the sports minister as second and third defendants.

The claimants sought an order of injunction restraining the defendants, their agents and cronies from preparing and conducting the next election of the NFF executive body without taking proper procedure for amendment of the 2010 NFF statute as requested by the claimants, particularly the composition of the congress and executive committee (board), among others.

When the matter was called, neither the plaintiffs nor their lawyer was in court.

Mr Okutekpa said though the matter was fixed for continuation of the hearing, the plaintiffs were not in court.

“They are consistently absenting themselves from court leading to the court striking out this matter once. On our part, we are ready and they are not here. I will be applying that they are tired of the case and urge the court to strike It out,” the lawyer stated.

“I would have loved to do that,” Mr Ekwo responded.

Mr Okutekpa said on May 8, the plaintiffs’ witness was in the witness box and had difficulty with the exhibits.

“We were to come the next day, and that day, the court did not sit and we were asked to come before the court,” he said.

He said he filed two applications on behalf of NFF and Mr Pinnick.

“One is challenging the competency of this suit, and the court said he will take them at the conclusion of hearing,” the lawyer said.

The judge said, “Let me give them one more opportunity, and if they do not come to court on that day, your application will be ripe.”

Mr Ekwo consequently adjourned the matter until February  6, 2025, for a hearing. He ordered hearing notices be issued and served on the parties not in court.

The third defendant (minister), in a preliminary objection filed on May 7 by his lawyer, E.A. Ezebilo, also challenged the court’s jurisdiction to hear the suit.

Mr Ezebilo argued that the third defendant is non-existent and, therefore, lacks the legal capacity to sue and be sued. The lawyer argued that the facts and circumstances of the case did not establish any reasonable cause of action against the three defendants to warrant his trial.

According to Mr Ezebilo, the third defendant is not a necessary party to the case.

“That the claimants did not meet with the condition precedent before instituting the action as provided in Article 69 (1)(2) of the NFF Statutes 2010,” the lawyer said, urging the court to strike out the matter.

(NAN)

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