The Chairman of the Nigeria Football Federation (NFF) Electoral Committee, Chief A.A. Malik SAN has confirmed that the elective congress of the Federation slated to hold tomorrow, 30th September, in Benin City will proceed as scheduled despite earlier legal hurdles against the election.
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Chief Malik made this known in a statement made available to TheNigeriaLawyer where he narrated the legal dynamics that have played out in the last few days regarding the election.
According to the statement, on Tuesday, 27th September, 2022, hid attention was drawn to a court document from the Federal High Court, Abuja Division, FORM 48 – Notice of Consequences of Disobedience of Court Order, addressed to me and making the round in the social media. It relates to an order of the Federal High Court, Coram Ekwo, J., directing parties in Suit No. FHC/ABJ/CS/1376/21 to maintain the status quo ante pending the final order of this court.
According to the Learned Silk, the said court process was never served personally on him, neither was the NFF Electoral Committee nor himself as Chairman, a party to the pending suit.
He said, “Prior to this development, the media had been awash with reports suggesting that the court has restrained the NFF from holding or otherwise proceeding with the election into the executive offices of the NFF. The Electoral Committee of the NFF already scheduled the election to hold on Friday, 30th September, 2022. Once I confirmed the existence of the order, I advised the NFF to ensure that steps are taken to vacate or discharge same, failing which the Electoral Committee, which I have the privilege of heading, will not be able to proceed with the conduct of the election so we are not seen as violating a valid and subsisting order of court, whether rightly or wrongly made. Thus, as at 27.09.22 when the said Form 48 was issued against me, the restraining order was still existing. It was on the same day that I, on behalf of the Committee, in a memo to the General Secretary of the NFF, reiterated our earlier stance not to put ourselves on a collision course with a court of law. Incidentally, the position of the Electoral Committee aligned with that of the Federal Government as embodied in a Press Release issued by the Director, Press & Public Affairs of the Ministry on Wednesday, September 28, 2022 wherein the Permanent Secretary of the Ministry was quoted as advising football stakeholders to abide by the court order restraining the NFF from conducting the much anticipated elective congress billed to hold in Benin on Friday”.
He narrated that in accordance with the order, they put on a temporary halt, the work of the Committee, pending when the issues around the order of the Federal High Court are effectively resolved.
He however noted that some few minutes ago, his attention was drawn to an enrolled order of the Court of Appeal, Abuja Division, staying the restraining, parties to maintain the status quo ante” order of the Federal High Court, duly served on the NFF.
He said, “I have taken it a step further by personally confirming the making and existence of this order. With this development, all legal hurdles militating against the holding of the September 30, 2022 election have been dismantled. Accordingly, I am pleased to announce that the Electoral Committee is now on a strong legal wicket to proceed with the conduct of the election tomorrow, Friday, 30 September, 2022, at the ancient city of Benin, Edo State.”
He assured all stakeholders and observers that the election will proceed as scheduled and promised to deliver a credible, free, and fair election.
“I am aware that members of the NFF General Assembly/Congress, including the candidates for the election, who constitute the Electorate have arrived Benin City. I am aware, as well, that representatives of FIFA and CAF as well as accredited Press men, election observers/monitors are already on ground Benin. As the Chairman of the NFF Electoral Committee, I assure everyone that the Committee will deliver on its mandate of organizing a credible, democratic, free and fair election that we all will be exceedingly proud of. “
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