By Emma Jemegah
In a letter, personally signed by the Managing Director of
Total Promotions, Niyi Alonge, he warned StarTimes of the legal consequences of
activating the agreement with the NPFL.
The letter dated November 9, 2023 and addressed to the Chief
Operating Officer of StarTimes, which was received by the company’s legal
officer, Total Promotions highlights an interlocutory injunction against any
parties tampering with the Broadcast Right between Total Promotions Nigeria
Limited and Nigeria Football League in suit No: LD/997/2013, with the
attachment of the injunction from the court.
Total Promotions informed that the property purportedly
signed for by StarTimes is not available as it still resides in Total
Promotions Nigeria Limited.
The letter also draws the attention of StarTimes to the
Nigeria Football ACT as the only legal authority by law governing football in
Nigeria and by the ACT, the Nigeria Football Association conferred on the
Nigeria Football Limited (not NPFL) the right to run the Premier League.
“By this ACT, only
Nigeria Football League has the legal ownership of all matters relating to the
league,” the letter stated in part adding that the Article and Memo of Nigeria
Football League Limited specifically states that the Nigeria Football League is
to organise and manage under the jurisdiction of the NFA League of association
football clubs to be known as The Nigeria Football League.
Total Promotions drew the attention of StarTimes to the
Federal High Court in Suit No: FHC/ABJ/CS/179/2010, where the Judge in this
un-appealed judgment.
“As set out in the
early part of this judgment, the Nigeria Football Association was established
under section 1 of the Nigeria Football Association Act as a body corporate
with perpetual succession and common seal with power to sue and be sued. The
primary function is to organise league and other matches for professional or
amateur clubs in co-operation with bodies recognized by it. It also has power
to set up subsidiary body to assist in performance of its functions. By these provisions it is the only body
recognised by Nigerian Law to manage football. The law did not make reference
to it as the Nigeria Football Federation.
Similarly, StarTimes was informed that the Supreme Court
also affirmed the Federal High Court judgment, which was allegedly not
appealed.
“The Supreme Court of Nigeria in its judgment in suit SC
841/2016 declared that NIGERIA FOOTBALL LEAGUE LIMITED IS VERY MUCH ALIVE (see
(2022) 5 N. W.L.R PART 1823 page 283-338)
“ To this extent, our claim to Nigeria Football League’s
Broadcast Right is very much alive and this is backed by legally rooted and
subsisting Injunction. Therefore, any party or parties parading themselves as
having some sort of agreement have no legal root because as declared by Justice
Okorowo in Suit No: FHC/ABJ/CS/179/2010, Nigeria Football Federation is illegal
and unknown to the law of the land,” the letter reads.
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