 |
| LMC |
•Giwa FC to forfeit all Monetary earnings with the LMC
Giwa FC of Jos has been expelled from
the Nigeria Professional Football League (NPFL) for multiple infractions
of the Framework and Rules of the NPFL, particularly for violation of
B13.28 which prescribes expulsion from the league for any club that
fails to honour three matches cumulatively within a season with no
acceptable reason to the League Management Company (LMC).
The LMC in addition to ordering a
forfeiture of all funds due Giwa FC from the LMC, it also invoked Rule
B13.66 to make pronouncements protecting the players of the club by
granting them waiver to terminate their contracts with the club for
‘just cause’ or ‘sporting just cause’ and releasing them for contracts
with other clubs during the on-going season.
“Pursuant to Rule B13.66 of the League
Rules and without prejudice to the agreed written terms of their
respective player contracts, nothing shall preclude Players hitherto
registered by Giwa FC from the unilateral termination of contracts for
‘just cause’ or ‘sporting just cause’ as the case may be, and from being
contracted to and registered by other Clubs”, the Summary Jurisdiction
notice stated.
The LMC said it would further review
with a view to setting up a social safety net to mitigate any
consequential hardship, “the matter of registered players and officials
currently contracted to Giwa FC - particularly those who may have played
at least 50% of its league matches in the current season and whose
player contracts and potential earnings may have been brought to
jeopardy on account of this decision”.
The LMC also ruled that Clubs that have
already played Giwa FC before Match Day 19 will have their match day
expenses refunded from the funds seized from accruals of Giwa FC that is
with the LMC.
Giwa FC was charged for breach of Rules
B13.25 and B13.28 by the LMC which in a Summary Jurisdiction notice
imposed two sanctions on the club for breach of Rule B13.25 and
expulsion for breach of Rule B13.28.
The LMC ruled that “for failing to
honour the fixture obligation without any acceptable reason, in breach
of Rule B13.25, Giwa FC shall pay a fine of N250,000.00 (Two Hundred and
Fifty Thousand Naira only) being the sum of expenses including stadium
hire, security and other logistics incurred in respect of the match.
“Further to paragraph (a) above, Giwa FC
shall forfeit to Enyimba FC the three points as well as three goals
arising from the match.
“For failing to honour three matches
cumulatively within the league season and without any acceptable reason,
Giwa FC is expelled from the Nigeria Professional Football League with
immediate effect and all matches involving Giwa FC, whether played or
unplayed as well as the points arising or accruing there from are
cancelled”.
Rule B13.28 states, “If a Club fails to
honour three matches cumulatively within the League season without an
acceptable reason to the LMC such a club shall be expelled from the
League and its matches played and unplayed shall be cancelled.“
In the Summary Jurisdiction notice
issued Giwa FC after the failure to honour the Match Day 16 fixture
against Akwa United, the LMC detailed the provisions of the rules and
also pointed out efforts that were made to make Giwa FC appreciate the
consequences of its actions.
Reference was made to correspondences
exchanged between the LMC and Giwa FC in the wake of the match
disruption in Jos which led to the imposition of a three home match ban
on the club and which also directed that those three games be played in
Ilorin.
The LMC recalled that Giwa appealed the
decision but failed to appear before the Nigeria Football Federation
(NFF) Disciplinary Committee for hearing, following which the decisions
of the LMC were upheld.
It further reminded Giwa FC that when it
failed to honour Matches Day 14 and 16, a reminder of the consequences
of failure to honour the next match was contained in the summary
jurisdiction notice which awarded the three points and three goals to
Akwa United.
According to the LMC, “...we recall your
letters dated 25th and 28th April 2016 wherein you refused to comply
with the said sanction based on a purported court order and directive
from the NFF. We also recall our letters to you dated 27th and 29th
April 2016, advising you that there was neither a court order nor
directive from the NFF with the effect of directing your club not to
comply with the said sanctions and further advising you to honour your
fixture obligations. We further recall the clear warnings given to you
in the said letters as well as in the respective summary jurisdiction
notices, as to the implication of your failure to honour your fixture
obligations. Nonetheless, you failed to honour match days 14 and 16
fixtures.
“In the present circumstances however,
it would suffice to state that no reason whatsoever has been adduced in
your current letter (dated 17th May 2016) for your failure to honour the
match day 18 fixture now under reference. As a result, there is no
basis for a consideration of any reason for your failure. In addition,
for the avoidance of doubt, your letter also failed to provide any
cogent basis for the LMC to exercise its power to reschedule a match
under Rule B13.10, especially as the provision requires a club to make
such application not less than 72 hours before the time fixed for the
match, whereas your letter was delivered less than four (4) hours to the
time fixed for the match.”
Giwa FC was given 48 hours to accept the decision in writing or elect to appear for a hearing before a commission.
Official Correspondents
1. Giwa's letter citing court order - 25th April 2. LMC response to Giwa on Court order - 27th April
LMC response to Giwa on court order contd
3. Letter from Giwa FC for non-compliance with sanctions - 28 April
4. Response to Giwa FC on Non-Compliance - 29th April
5. Summary Jurisdiction Notice (Giwa FC) - 20th May
6. Expulsion of Giwa FC from NPFL - 20th May
7. Cancellation of MD 19 Fixture (MFM Vs Giwa FC) - 20th May
Comments
Post a Comment