No Way Back for Giwa FC, CoA Strikes down Order of Reinstatement

No Way Back for Giwa FC, CoA Strikes down Order of Reinstatement

The Court of Appeal, Jos Division, has struck down the order of the High Court of Plateau State directing the League Management Company (LMC) to compulsorily re-instate Giwa FC to the Nigeria Professional Football (NPFL), after the Jos based Club had been expelled from the NPFL for multiple infractions of the Rules and Framework of the League in the 2015/16 season.Three issues were before the Court of Appeal in Jos for determination and they included, one, LMC’s challenge of Justice Kunda of the High Court of Plateau State exparte order directing the reinstatement of Giwa FC into the NPFL in a case filed by Mustapha Abubakar on behalf of Giwa FC against LMC pending hearing of the case.

The second issue was LMC’s challenge of Justice Kunda’s order suspending the NPFL pending the determination of the appeal after he had ruled that his court lacked the power to continue hearing the case following LMC’s appeal of his first order asking him to stay off the case.

The third was LMC’s appeal of the order of Justice Kunda charging and convicting two officials of the LMC in their absence for contempt for not obeying his earlier order suspending the league.

The Court of Appeal in Jos consolidated the three appeals and delivered judgment read by Hon. Justice H. O. A Abiru, ruling on the first, that Kunda lacked the competence to order for Giwa’s reinstatement into the NPFL. It dismissed that order of the High Court of Plateau State on the grounds that Mustapha, who sued the LMC had no locus on the matter and Kunda was hasty in giving the exparte order instead of hearing from all parties.

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