By Emma Jemegah
The signing of broadcast right between the Nigeria Premier Football League (NPFL) and StarTimes is heading for the rocks as an impending legal battle is brewing with Total Promotions threatening to approach the court to stop the deal.
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.