CASE: RIVERS UNITED FC VS. JIGAWA GOLDEN STARS FC

INTRODUCTION

This case involves Jigawa Golden Stars FC vs. Rivers United FC in a Match Day 34 fixture played on 21th July, 2021 at Ahmadu Bello
Stadium, Kaduna State.

Rivers United FC is protesting against the fielding of player Richard Christopher (Jersey number 8) by Jigawa Golden Stars FC in this
instant match, on the grounds of ineligibility, having accumulated five (5) yellow cards during the season.

FINDINGS:

Based on the documents in evidence and the submissions of the parties and the Decisions of the League Management Company (LMC) dated 28th July 2021, to wit:

“a) That upon consideration of the relevant provisions of the League Rules, based on the foregoing, the submission of Jigawa Golden Stars as well as the benchmarks set in previous decisions on matters of this nature, the LMC is unable to establish that Jigawa Golden Stars “Intentionally featured” the player in question, who ought to have been suspended.

b) Consequently, the protest is dismissed and the result of the match stands (i.e. Jigawa Golden Stars 2-1 Rivers United).

c) The Player is to serve the due suspension as will be directed by the LMC.”

the following findings have been made by this Committee:

1. It was established that the player, Richard Christopher of Jigawa Golden Stars had accumulated 5 Yellow Cards and was suspended for the Match Day 34 fixture: Jigawa Golden Stars FC vs. Rivers United FC, by virtue of C2 of the NPFL Rules.
2. A notification of the suspension of the said player was sent by LMC to Jigawa Golden Stars FC via jgoldenstars@yahoo.com and
   saddieq84@gmail.com (the Club Chairman) on 19th July 2021. That although jgoldenstars@yahoo.com was listed as the club’s email on their letterhead including up to the date of their official correspondences to LMC on 22nd and 23rd July 2021 and had been the email of the club in use previously, the club had submitted as part of their club licensing documents for the 2020/2021 season, that their official email address is jgwgstars@gmail.com.
3. There are inconsistencies by Jigawa Golden Stars FC in the representation of their official email address and their channels of
   communication.
4. The LMC alleged that it “inadvertently” sent the suspension notification to jgoldenstars@yahoo.com instead of jgwgstars@gmail.com.
5. The two clubs involved in the matter are in tandem that the LMC did not live up to its responsibilities in terms of the manner in which the correspondence was handled.
6. C5 of the NPFL Rules is applicable to the facts of the case and states as follows:
   “If it is established that a team intentionally featured a player who had earlier received five (5) yellow cards or red card before the
   match in question, the affected team will lose 3 points 3 goals to its opponent.”

DECISIONS:

1. That a player who is suspended stands suspended whether or not a notification to that effect is sent to the player or his club. It is
   noteworthy that such notifications are for the purpose of raising any perceived discrepancy and not to validate the suspension, which is
   indeed clear from the wordings of the notification sent by the LMC.
2. That C5 of the NPFL Rules cannot be interpreted to make the punishment for the act of fielding an ineligible player subject to
   ‘intention’. It is a strict liability offence. Intention is established upon the confirmation that the player was ineligible for the match. The word “intentionally” cannot be interpreted to excuse the negligence or ignorance of the club in this case.
3. Despite the “fundamental benchmarks” referred to by the LMC in paragraph (m) of their Findings, there is nothing in the Rules making
   it a condition-precedent for the implementation of Rule C5 that the opposing team must have made a protest at the pre-match meeting or at
   any point prior to the commencement of the match. Also, it is even impracticable to envisage that the Rules or procedure of the NPFL would nullify a suspension on the basis that the opponents did not protest against the fielding of the ineligible player.
4. Each club has a duty to keep accurate records and the onus cannot be placed on its opponent to notify the club or raise the issue that its player is suspended.
5. Based on the foregoing, Jigawa Golden Stars FC shall forfeit 3 points and 3 goals to Rivers United FC in respect of the match, for fielding an ineligible player in breach of C5 of the NPFL Rules.
6. From the totality of the facts and evidence in this matter, this Committee is displeased with the manner the LMC handled the subject
   matter of this case. It is noted that one of the Conclusions of the LMC after its Findings from the Decision following its investigation
   dated July 28, 2021 (para. 3c) “established that Jigawa Golden Stars are very untidy and cluttered in the management of their official
   registered email address and their official letter headed paper as well the administrative management of their records.” This Committee
   therefore wonders why Jigawa Golden Stars FC would seem to be absolved of taking responsibility for their action or inaction in this case.
7. This Committee is also displeased that the LMC failed to appear before it, despite being invited to do so, and considering the weighty
   nature of the allegations made against it.
8. It is recommended that going forward, notifications of suspension should also be sent by the LMC to the match officials, particularly to the Match Commissioner in order to bring up and clarify issues of
   suspended players at the Pre-Match Meeting, and to more efficiently implement such suspensions.
9. This decision is without prejudice to the right of appeal.

In attendance: Prof. Olufemi Adegbesan (Vice Chairman), Damon N.
Dashe, Esq (Member), Chike Onyeacho, Esq. (Member), Adamu Sani Osmond,
Esq. (Member), Kelvin Omuojine, Esq. (Member), Queen W. Otarakpo, Esq.
(Secretary).

The Chairman of the Disciplinary Committee, Musa Amadu, Esq. recused
himself from the case due to potential conflict of interest and impartiality.