The Nigeria Football Federation (NFF) and its former President, Amaju Pinnick on Monday, urged a Federal High Court in Abuja to strike out a suit filed against them by Harrison Jalla and Chief Victor Rumson Baribote, among others.
NFF and Pinnick, through their lawyer, Jibrin Okutekpa, SAN, told Justice Inyang Ekwo following the absence of the plaintiffs and their counsel in court.
In the writ of summons marked: FHC/ABJ/CS/1376/2021, Jalla, Chief Baribote, Austin Popo and the Registered Trustees of National Association of Nigerian Footballers (NANF) had sued the NFF as 1st defendant.
They also joined Pinnick and the Minister of Sports and Youths Development as 2nd and 3rd defendants respectively.
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 2010 NFF statute as requested by the claimants, particularly composition of the congress and executive committee (board), among others.
When the matter was called, neither the plaintiffs nor their lawyer was in court.
Okutekpa said though the matter was fixed for continuation of hearing, the plaintiffs were not in court
“And 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 senior lawyer prayed.
“I would have loved to do that,” Justice Ekwo responded.
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 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.”
Justice Ekwo consequently adjourned the matter until Feb 6, 2025 for hearing.
He ordered that hearing notices be issued and served on the parties that were not in court.
The 3rd defendant (minister), in a preliminary objection filed on May 7 by his lawyer, E.A. Ezebilo, also challenged the jurisdiction of the court to hear the suit.
Ezebilo argued that the 3rd defendant is non-existent and therefore lack 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 3 defendant to warrant his trial.
According to the Ezebilo, the 3rd 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.
