Barrister Ray Nnaji V. Nigerian Football Association & Anor (2010)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI J.C.A:

This Appeal is against the ruling of the Federal High Court, Abuja Judicial Division delivered on 22nd day of November, 2005 by Hon. Justice A. I. Chikere.

The Brief fact of the case is that the Appellant as Plaintiff had through a Writ of Summons dated and filed on the 24th day of June, 2004 sought for the following reliefs:-

“(a) A declaration that the National Executive of the Nigeria Referees Association is not the proper party to conduct the elections into all the offices of NRA starting from society, council and Association by virtue of their vested interest in the conduct of elections.

(b) A declaration that the electoral committee set up to organize the NRA elections Which is directly responsible to the 3rd Defendant is biased and cannot organize a free and fair election into the executive offices of the 2nd Defendant without an independent supervision.

(c) A mandatory Order compelling the first Defendant to inaugurate a new electoral panel to conduct the elections of the 2nd Defendant

(d) An Order of perpetual injunction restraining the 2nd and 3rd Defendants, their agents, privies from conducting any elections into the executive offices of the 2nd Defendant without the direct supervision of either the 1st or 4th Defendant

(e) An Order of perpetual injunction restraining the Defendants from conducting the National elections in Port Harcourt or the home base of any of the contestants for the post of presidency.”

However, on 14th July, 2004 the 2nd and 3rd Defendants filed a Notice of Preliminary Objection on the grounds that:-

“1. The 2nd Defendant (Nigeria Referees Association) is not a legal entity known to law and not registered under Part C of the Companies and Allied Matters Act, 1990

2. The Statutes of the 2nd Defendant forbid the Association, Council or individual from suing or being sued on matters relating to the administration of football Refereeing.”

Similarly, the 2nd Respondent herein being 5th Defendant at the lower Court raised a Preliminary Objection which was argued on 19th October, 2004 on the following grounds:-

“1. That the Appellant lacked the locus to sue the Nigeria Referees Association (NRA) since he has neither been nominated as a candidate nor paid fees in accordance with the 2004 NRA Election Guidelines.

2. That a cause of action against the 2nd Defendant (Nigeria Referees Association) has not arisen because the matter relates to the internal affairs of NRA over which the Court lacks jurisdiction.”

On 19th October, 2004 the Plaintiff/Appellant filed a Motion on Notice seeking for:

“1. The leave of the Court to amend his Writ of Summons, Statement of Claim and all other processes filed so far in the suit by suing the 3rd and 5th Defendants in a representative capacity to wit: ‘for and on behalf of all members of the Nigeria Referees Association’ and