by Legalnaija | Jan 13, 2022 | Uncategorized
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by Legalnaija | Jan 10, 2022 | Uncategorized
The Nigerian Bar Association classifies young lawyers as persons who have been called to the Nigerian Bar and qualified to practice law in Nigeria within the last seven years. Seniority at the Nigerian Bar is not dependent on the biological age of the lawyer, but rather on the years of legal experience which a lawyer has, commencing from the date of their call to the bar.
There is no Senior Advocate of Nigeria, Professor of Law, Justice of any court or legal scholar who did not begin their legal career as a young lawyer in Nigeria. Even persons who were long qualified to practice as legal practitioners in foreign jurisdictions before being called to the Nigerian Bar are also referred to as young lawyers in Nigeria for the first seven years from the date of their Call to the Nigerian Bar.
The Role of the Young Lawyer in the Litigation Firm
The role of the young lawyer in the Nigeriandispute resolution sector cannot be over-emphasized. Young Lawyers are the foot soldiers of almost every law firm and legal department in the country. They are engaged in almost every stage of the delivery of legal services to Clients. Their participation is direct and their impact is heavily felt. Even though young lawyers mostly work under strict supervision of their senior colleagues like infantry soldiers under the command of their superior officers, they are responsible for giving life to the policies and position of the firm.
Ideally, young lawyers are present during the briefing stage – when Clients narrate their problems or dish out instructions to the firm. They also engage in preliminary research of the clients’ problem and identify the legal issues involved in every problem. They also participate in the provision of actual solutions to the problems.
It is the practice of most litigations firms to leave the first draft of a writ or court process to the most junior (and inexperienced) lawyer. This junior lawyer who works on the first draft is largely responsible for selecting the legal issue(s) involved. By producing the first draft, the young lawyer inadvertently develops the skeleton and direction which the firm will take on that matter. Although the first draft is often reviewed and refined by a much older lawyer after close scrutiny, the young lawyer contributes to about 80% of the actual text of the final product.
After the final writ is produced, young lawyers often oversee the filing of the writ and follow up with procedural matters such as service and procuring hearing dates for the matter. Although some firms employ litigation clerks/assistants to handle these clerical roles, the reality is that most young lawyers in Nigeria also double as litigation clerks with these extra responsibilities.
The traditional role of the young lawyer extends to appearing in court for non-contentious matters, such as when the matter comes up for mention, or for hearing of simple applications i.e. for substituted service. Young lawyers are expected to build their experience by paying attention to other matters in court, especially when much senior lawyers are conducting their proceedings. Some young lawyers are lucky to have the good fortune of being allowed to handle trial or hearing of their substantive matters at an early stage in their career. Others have to be content with appearing together with the senior lawyers in their firms on the day of trial/hearing, until they receive a golden opportunity to handle their own trials/hearings.
Young Lawyers in the Appellate Courts: A Dangerous Experiment?
This position is usually the same at the appellate courts where the young lawyers are often tasked with preparation of the first draft of the notice of appeal and also the briefs of argument used at the appellate courts. This writer however questions the wisdom behind leaving critical matters on appeal to inexperienced young lawyers. The practice of allowing young lawyers have the first bite at an appellate cherry is not peculiar to only Nigeria, as it extends to other jurisdictions. An American legal author once decried this practice in the American courts when she wrote as follows:
“It is the trial of the most important case in your career, the case that you have been working on for years; and the most important witness on the other side has just finished direct testimony. The cross-examination is the moment you have been waiting for, the key, the pivotal part of the trial, the make-or-break of the entire case. And so, of course, you hand over the cross-examination to the most junior, the most inexperienced, the least knowledgeable lawyer on the team. Sound crazy? Of course it does. Yet, this –unfortunately – is a fairly description of what goes on in law firms across the country when it comes to appeals.”[1]
Undoubtedly, the resolution of disputes at the appellate courts is much different from litigation at the trial courts because while the fate of matters at trial courts depends largely on the advocacy of (senior) counsel during trial/hearing, the fate of a matter on appeal is almost wholly dependent on the quality of the briefs of argument filed. A critical examination of most judgments of the Court of Appeal and the Supreme Court will show that the deciding justices pay only very little attention to the oral arguments made by counsel at the hearing. The briefs of argument are the prominent and significant feature of any appeal.
Admittedly, younger counsel need every experience they can get to sharpen their brief-writing skills. They need to be tutored extensively on the nitty-gritty of appellate brief writing and procedure in order to become well-versed in the process themselves. This experience is best gotten from close supervision by their senior colleagues and not merely by delegating the entire workload of development of the brief of argument to the younger counsel, which could prove to be very fatal in the long run as the inability to appreciate the crucial issues on appeal will almost definitely result in doom for that party.
Hence, it is advisable for experienced lawyers to dedicate their time to the development of briefs of argument filed in any appeal, in the same manner in which they dedicate their time to trials, rather than leaving the briefs to inexperienced younger counsel, without close supervision.
Declining Interest of Young Lawyers in Litigation
Given the crucial role of young lawyers in the litigation system as highlighted above, it is not far-fetched to submit that young lawyers are the fulcrum of the profession, in addition to being the future of the profession. A large part of the present burden of litigation practice is already being borne by young lawyers all over the country. However, many young lawyers engaged in litigation practice are not paid salaries commensurate to their workload and efforts.
There has been a declining interest in litigation by young lawyers all over the country in recent times as a result of the unattractive salary associated with young lawyers in litigation. The insalubrious delays associated with our court system has not helped matters. Young lawyers prefer to look at greener pastures in the corporate sector with its promise of exciting and highly rewarding practice areas.A great number of young lawyers in Nigeria are millennials who are naturally impatient and eager to reap quick rewards of their labour. They are largely uninterested in practices and ventures which do not yield immediate results.
Young Lawyers in Nigeria: Slaves v. Princes?
A young lawyer working in a tier 1 commercial law firmrecentlyresorted to social media to classify young lawyers working litigation firms “slaves” of the profession. He claimed that these lawyers aremostly sent to police stations to handle bail applications and to hot stuffy courtrooms to file and argue motions. These “slaves” are not deemed worthy of any further specialized training beyond what is taught at the law school, and are often remunerated with “peanuts”. This self-acclaimed classifier of lawyers contends that young lawyers practicing in the corporate field are the “princes” of the legal profession – mostly sent out for lofty board meetings and frequent professional trainings within and outside the country with fat salaries and bonuses to compensate their princely status.
Although this classificationof young lawyers is indeed disrespectful as it is divisive, it sadly reflects the “reality on ground”. Traditional employers of litigation lawyers are unwilling to sponsor or send their young lawyers out to attend quality professional trainings, but these same employers expect the young lawyers to operate with the passionate efficiency of the late ChiefGaniFawehinmi SAN and the intellectual sagacity of the late Niki Tobi JSC. It is indeed sad that some of these employers refuse to release the young lawyers in their firms to participate in even the free seminars organized by the Nigerian Bar Association and other professional bodies within and outside their immediate jurisdiction.
Elevating the Slaves to Princely Status
The legal market which provides legal services to clients thrives on the abundant supply of qualified practitioners available to clients. This supply of litigation lawyers is however under risk of decline, given the growing disinterest in litigation amongst young lawyers who rather favour more lucrative areas of law such as corporate commercial practice.
The decline in supply of dedicated young lawyers to the litigation practice sector will affect the quality of services rendered, as senior lawyers would be forced to handle a greater part of the work ordinarily done by young lawyers, which would affect quality of output produced by the firm.
Thus, it is necessary to address the crucial economic factors responsible for driving young lawyers away from litigation practice to ensure a renewed interest in this essential area of legal practice. This issue of remuneration of young lawyers was a deciding factor in the previous NBA national elections held in 2020, with many candidates promising to make it their primary concern. Some branches of the NBA have set up committees to look into the pressing issue of remuneration of young lawyers, and so many anonymous forms have been sent to young lawyers all over the country to collect the necessary information needed to combat the issue.
After his victory at the polls, the OlumideAkpata-led national administration of the NBA reportedly set up a committee to address the burning issue of the poor remuneration of young lawyers, in line with his specific promises which saw him emerge victorious at the national elections. There has however been a deafening silence from both the national headquarters of the NBA and the committee on this remuneration issue since the administration came on board and the stage is already being set for the next national elections…
Nonso Anyasi is a member of NBA Lagos Branch and can be reached via nonsoanyasi@nigerianbar.ng
[1] Nancy Wickelman, “Just a Brief Writer”, Westlaw 29 No. 4 Litigation 50 © 2003 American Bar Association, pg. 1.
by Legalnaija | Dec 9, 2021 | Uncategorized
Introduction
On the 4th of July 2021, The captain of the acclaimed biggest Nigerian professional football league (NPFL) club : Eyinmba united, Oladapo Augustine, got slapped with a one year ban for the use of a prohibited substance known as Prednisolone/Prednisone”. This was as a result of a test carried out on the player after his club CAF confederations league encounter against pyramids FC of Egypt. [1]
Also, in the buildup to the Tokyo 2020 Olympic games, 10 Nigerian athletes were declared ineligible to participate in the Tournament due to failure of a specific anti doping tests neccesitated by WADA which were not performed by the AFN. Those, being just a few of the several occasions that Nigerian athletes have been disqualified or stripped of their medals in various events due to their failure of anti doping tests despite the different measures taken by different sport regulating bodies to ensure strict compliance to the the rules of no doping.
Recently, one of Nigerian’s most decorated athlete, Blessing Okagbare, was banned from taking part in the semi finals of the Tokyo Olympics 100m race after it was found out that she had used a growth hormone in an out of competition test conducted earlier.
This article will attempt to perform an analysis of doping in Nigerian Sports, its possible effect on Nigerian Sports, causes and possible ways of ending this menace.
Doping : Definition and History.
According to Wikipedia, Doping is the use of banned athletic performance-enhancing drugs by athletic competitors[2]. The term is commonly used by organizations that regulate sporting competitions. FIFA defines it as a situation whereby players take “prohibited” substances to boost their performances. Prohibited substances in this context would mean steroids, cocaine, amphetamines or any substance that is on the World anti-doping agency (WADA) prohibited list.[3]
The International Olympic Committee (IOC) defines doping as “the intentional or unintentional use of prohibited substances and prohibited methods on the current doping list”.[4]
It will be interesting to note that even the use of natural supplements if found to contain such substances can constitute serious punishments for the player.
Doping is as early as the history of sport itself, Charles E. Yesalis states that :
“When humans compete against one another, either in war, in business, or in sport, the competitors, by definition, seek to achieve an advantage over their opponent. Frequently they use drugs and other substances to gain the upper hand. “[5]
The ancient Olympics in Greece had numerous forms of doping as athletes drank different herbal mixtures to gain more strength and give them more energy before chariot races. The prevalent use of drugs in sports possibly came due to the realization that athletes could achieve more using performance enhancing drugs than what is obtainable through hard work and rigorous training. It is also important to note that modern doping started after the world war when athletes began taking amphetamines to enhance their performances[6].
Hans-Gunnar Liljenwall, a Norwegian was the first Olympic athlete disqualified for doping. This was as a result of alcohol intake during the 1968 summer Mexico Olympics pentathlon. He was stripped of his medals and banned thereafter.[7] Russia was also recently banned from international sporting events for four years after they were found quilty of state sponsored doping by the world anti doping agency (WADA). Athletes will not be able to compete under the Russian flag in future competitions unless they do so under a neutral flag
Laws and regulations on anti doping.
Doping however is a phenomenon that should not be encouraged by anybody and any society as it violates the principles of fairness and healthy competition and also gives some athletes undue advantage over others and provides an unleveled playing ground for athletes. This exactly is what gave birth to the formation of the World anti doping agency(WADA).
World Anti Doping Agency(WADA) is the world body charged with the coordination of all anti doping activities at the international level. It conducts testings for all sports ranging from track and field competitions to ball games. It was established in 1999 and it’s activities are usually governed by a code known as the World Anti Doping Code.(WADC).
WADC is usually amended to ensure dynamism and to meet up with the growing development of pharmaceutical research in the world. It was launched in 2003 with the latest edition of WADC being that of 2021.
Article 1 of WADC specifically defines doping as the ” occurrence of one or more of the antidoping rule violations set forth in Article 2.1 through Article 2.11 of the Code.”[8]
This is followed up by Article 2 which corroborated what was laid out in article 1 by stating all the possible violations of the anti doping code and act that are punishable under the WADC by athletes. These includes :
* Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample.
* Use or Attempted Use by an athlete of a Prohibited substance or a prohibited method.
* Evading, Refusing or Failing to Submit to Sample collection by an Athlete.
* Whereabouts Failures by an Athlete.
* Tampering or Attempted Tampering with any Part of Doping Control by an Athlete or Other Person.
*Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other Persons.
* Administration or Attempted Administration by an Athlete or other Person to any Athlete In-Competition of any Prohibited Substance or Prohibited Method, or Administration or Attempted Administration to any athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method that is Prohibited Out-of-Competition.
* Complicity or Attempted Complicity by an Athlete or Other Person.
* Prohibited Association by an Athlete or Other Person.
* Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities.
Article 3, 4 and 5 all speak about proof of doping, the WADA prohibited list which contains the list of all prohibited substances for sporting competitions and the process of investigation respectively.
Articles 9,10 and 11 give more insight to sanctions for these offences varying from bans and disqualification to removal of medals, see WADC 2021.[9]
Causes, Effects and Solutions.
Doping in Nigerian sport is not taken seriously due to the status of the country as a developing country. Anti doping laws are broken with impunity since there is no legal framework to punish offenders. This is not a favorable outlook for our national sports as the main basis on which sporting activities was founded upon will be destroyed. Hardwork and rigorous training to keep fit for competitions will be eliminated as athletes will end up using unethical methods to win.
Also when athletes are not properly checked for doping activities, they can cause themselves and their countries embarrassment if they eventually get caught by the anti doping agency regulating that competition. A good example of this is Lance Armstrong, A Former tour de France winner who got stripped of all his titles after he was found out to be using performance enhancing drugs to compete.
Furthermore, the health consequences of this act are not to be overlooked as there is high tendency for athletes to suffer hallucinations during and after games and in some instances death. An example is The death of Tom Simpson whose use of performance enhancing drugs pushed him into an overworked and dehydrated state and subsequently led to his death. Also despite it not being a direct cause of his death, drug abuse and doping might have been a cause of the death of late Soccer great Diego Maradona.
In order to check this growing menace in Nigerian sports it is imperative that a proper anti- doping agency should be created to handle all doping matters at local level. Also the need for awareness about doping and its consequences should be done because a lot of Nigerians lack basic knowledge about what constitutes doping and consequentially commit these offences in ignorance. for example the use of “paracetamol” before a sporting event by an athlete or player would be considered doping in saner climes. There should be proper education for athletes about the dangers of doping both to their physical and emotional wellbeing. NUGA, HIFI and other tertiary institution games organizers should employ the used of different methods of doping with serious punishments attached to those caught.
CONCLUSION
Nigeria as a country still has a long way to go concerning its anti doping regulations, however if the solutions outlined in this paper are duly followed, it will save the country a lot of embarrassment in international competitions such as the Olympics and FIFA world cups and also create a level playing ground for all Nigerian athletes. The creation of a functioning anti doping agency will be the first step in ensuring drug free competitions for Nigerian athletes nationally and internationally.
Omole damilare fisayo is a 200lvl law student of the faculty of law Adekunle Ajasin University Akungba Akoko Ondo state and a sport law enthusiast. He can be reached via
+2349020837174 or Omoledamilare093@gmail.com.
[1] Caf slams one year doping ban on eyimnba captain vanguardngr.com, July 27 2021
[2] Www.Wikipedia org, doping in sport.
[3]Anti doping- FIFA, https://www.fifa.com › legal › anti-d…
[4] Doping in football. Www.Goal.Com.
[5] History of doping in sport, Charles. E. Yesalis p 1
[6] Regulating doping in Nigerian sports, Ezza chigozie jude (LL. B (Hons),
[7] Doping in sport www.Wikipedia.org
[8] World anti doping code article 1
[9] Part one World anti doping code 2021
by Legalnaija | Nov 30, 2021 | Uncategorized
When the whistle is blown, and the ball is kicked, fans cheer and the stadium erupts with loud noises, as the games kicks on. The voices of your favourite commentators – Peter Drury, Sid Lowe, etc., serenade your mind. The matches are shown all around the world, and you have the opportunity to watch your favourite team live, and anywhere.
However, key to the transmission of these live matches is what is known as Broadcast Rights. This is when one party permits the other party (in this case a Broadcast channel, or medium) the right to broadcast its games. Broadcast rights is a huge means of income for football clubs, driving the interest in football to an increased level. In essence, complexities arise with broadcast rights matters as the major players will always want to protect their interest. Broadcast rights are usually sold by those who acquire the rights from the main owners, to other continental “retailers”. For example, the Premier League sold rights to BT Sports and SkySports to service the UK; whilst selling to SuperSport to serve Africa; and then to BeinSports to serve the Middle East.
2 types of Broadcast Rights
- Collective Rights
Collective broadcast rights are in situations whereby individual clubs allow a central body bargain, or negotiate broadcast right deals with broadcast companies. This system has been in place in the Premier League for many seasons. Thus, while clubs own their individual broadcast rights, the Premier League, negotiates with broadcast companies on their behalf, in a bid to strike favourable agreements.
Currently, the Premier League has its domestic rights being shared amongst Sky and BT (both of whom are its major broadcasters), as well as Amazon (although the number of matches available are limited).
Amongst the reasons why clubs would opt for the Collective rights include:
- It increases the league’s (and to a very large extent, the clubs’) bargaining power, especially when the league is well watched and has huge following.
- Clubs do not have to go through the stress of individually negotiating with broadcasters.
- The sharing formula tends to be equal, as the level of disparities in terms of payment is not usually wide.
On the other hand, clubs would be reluctant to embrace the collective rights because:
- It reduces the chances of them making enough money – especially the top clubs whose games will be top of the pile for broadcasters.
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- Individual Rights
Individual broadcast rights are usually seen in situations when clubs directly negotiate with the broadcast channels. This mode used to be in operation in Spain, as Barcelona and Real Madrid enjoyed a lot of income from broadcast revenue. It was stated that when Athletico Madrid won the Spanish la liga in 2014, relegated Premier League side, Cardiff City, made more money than the then Spanish champions.
This however has changed, with the la Liga now accepting the collective broadcast mode, allowing the parent spread across all clubs.
Clubs would be open to the individual rights because:
- They would be able to negotiate by themselves and would only focus on their own interests;
- The more of their matches that get shown by the broadcasters, the more money they make.
On the other hand, the reluctance of the clubs would be:
- Due to the fact that “smaller” clubs cannot negotiate properly, as well as earn as much as top clubs.
- The level of disparity in terms of payments usually are quite huge, leaving lower clubs at a disadvantage.
Broadcast Rights in the Premier League.
The Premier League is described as the most watched league in the world, with its reach spreading far across the world. Thus, the premier league has been able to leverage on this fact to its advantage, thereby having potential rights buyers pay a lot of money to secure these rights.
What is more interesting is the fact that the BBC, over a period of three years (2016-19), paid over 150 million pounds to broadcast highlights of Premier League matches. While international rights for highlights of matches stood at over 2 billion pounds. It is therefore not difficult to understand why Premier League owners are either unwilling to sell their clubs (or majority stake in those clubs), or sack managers who are unable to deliver results.
With the current sharing formula, relegated teams gain excess millions of pounds per season (with 25% of the total payment based on how many of their games are shown live).
It must be noted however that the Covid-19 pandemic brought about what would possibly be described as an “innovation” due to the fact that the Premier League did not want fans at the stadium. Thus it was decided that Premier League games would be spread across various days, as well as making sure there were no simultaneous fixtures. This is a shift from what used to be the norm – with 3 o’clock Saturday fixtures not being shown on TV.
In the Premier League, the distribution model of the monies from broadcast rights includes:
- 50% of UK broadcast revenue is split equally amongst the 20 clubs;
- 25% of the UK broadcast revenue is paid in Merit Payments. This means that payment is dependent on where the clubs finish when the league ends.
- 25% of the UK broadcast revenue is paid in facility fees. This means the payment is dependent on how many times a club’s matches are broadcast in the UK.
- While all international broadcast revenue and central commercial revenue is split equally amongst the 20 clubs.
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Application of Broadcast Right to Nigeria
In a bid to understand whether the Nigeria Professional Football League (NPFL) makes use of the collective of individual rights, it will be essential to make examine the league’s regulation. Thus, Article 7.1 of the NPFL Rules and Framework states that:
“The LMC shall enter into Commercial Contracts, Broadcasting Contracts and Title Sponsorship Contracts with the intention in the case of each Broadcasting Contract for the live Transmission of League Matches that each Club shall participate in at least one live televised League Match each Season.”
From the above, for broadcast rights to be sold or bought or agreed on, there must be a contractual agreement between both parties. Thus, any broadcast of an NPFL match without the due authorization will be a breach of the NPFL’s copyright as it was not authorized. In other words, the NPFL makes use of the Collective Rights, as the LMC bargains and negotiates with broadcast partners on behalf of the clubs.
Importance of Broadcast revenue
The royalties that broadcasters earn from selling their exclusive footage to other media outlets enable them to invest in the costly organizational and technical infrastructure involved in broadcasting sports events to millions of fans all over the world.
Broadcasters’ rights provide the following options:
- safeguard costly investments in televising sporting events
- recognize and reward the entrepreneurial efforts of broadcasting organizations
- recognize and reward their contribution to diffusion of information and culture
Essentially, broadcast right play and essential part in football, as clubs are able to maximize one the ways they make revenue, and can also protect their interests.
Ayomide Eribake is a graduate of law (Second Class Upper Division) from the University of Lagos. Over the last few years, he has developed keen interest in Sports Law, researching and writing on a number of sports law issues which have been published both online and in print.
He has garnered experience in Sports Law, working as a Legal Assistant at Sportlicitors LP, a Sports Law firm in Nigeria. During his time at the firm, he assisted with research, contract reviews and other tasks. He was also involved in creating the firm’s Virtual Internship scheme for law students – which also involved students from foreign countries.
Amongst his legal interests include: Football law, E-Sports, Insurance law and Labour law. During his free time, he enjoys reading, writing, playing football manager and watching football. He’s also a huge Liverpool fan.
by Legalnaija | Nov 30, 2021 | Uncategorized
The recent managerial sackings and appointments in the Premier League, and across board has had an erstwhile domino effect – with no Norwich City manager, Dean Smith, being appointed weeks after being sacked by Aston Villa; and Rangers having to hire former player, Gio Van Bronckhurst, after former manager, Steven Gerrard, was hired by Aston Villa. However, these terminations and appointments are protected by a new guideline established by football governing body, FIFA.
On December 14, 2020, FIFA announced new changes to the Regulation on the Status and Transfer of Players (RSTP), creating a new regulatory framework for coaches. The new amendment was a welcome development as there wasn’t any regulation governing the contracts of coaches. Thus, just like football players, whose contracts are protected by the Regulation on the Status and Transfer of Players, the contracts of managers have now been protected under the new RSTP. This article seeks to give an overview on the Amendments made to the RSTP as regards the regulatory framework for coaches.
Application of the Annexe
To begin with, Annexe 8 of the RSTP provides the essentials regarding the rules for the employment of coaches. The rule applies to two sets of coaches:
- Those who are paid more than their expenses they incur during their coaching activity; as well as
- Those under the employment of professional clubs and associations.
This means that in a situation where the coach doesn’t get paid more than the expenses they incur, and they aren’t employed by professional clubs and associations, the Rule will not apply to them. Thus, the distinction is similar to that between amateur and professional players, with the difference being the groups.
Validity of Contract
To have a valid professional contract, a number of criteria must be met. Article 2 provides that the contract must be in writing. Additionally, the contract must contain the essential elements of an employment contract (essentialia negotti) which include – the object of the contract, the rights and obligations of the parties, the status and occupation of the parties, the agreed remuneration (which includes bonuses as well – this could include bonuses if the cub achieves any huge feat such as winning a title, avoiding relegation, etc. for example, Westbromich Albion manager, Sam Allardyce, was said to have a seven figure bonus in his contract should the club avoid getting relegated in the 2020/2021 Premier League season). It is also important to note that where an intermediary is involved in the contract negotiation, their names must be in the contract.
Further, the contract is valid, subject to work or residence permit being granted; the coach having a specific coaching licence; as well as requirements of an administrative or regulatory nature.
Termination of contracts
Termination of contracts is an important part of contractual relationships between football clubs and coaches. Thus, Article 3 of the Annexe states that the contracts can only be terminated either by expiration or by mutual agreement.
In December 2020, the FIFA Dispute Resolution Chamber found Australian club, Brisbane Roar, guilty of wrongfully terminating the contract of former manager, Robbie Fowler. Fowler’s contract was terminated after the club stated that his comments made against the club ruined its reputation globally. The Chamber held that the club had to pay Robbie Fowler and his assistant, Tony Grant, three months of their wages, which was before they were hired by an Indian Super League club.
It is important to note that before the new Annexe, the termination of contracts of managers didn’t have a lot of rules. However, managers usually had agreements with clubs and got pay-outs whenever they were sacked by their former clubs. For example, when Jose Mourinho was sacked by both Manchester United and Chelsea, he received huge pay-outs from both clubs. Also, former Everton and Newcastle United manager, Sam Allardyce also received pay-outs when his contracts were terminated by clubs.
Termination of contract with Just Cause
Article 5 of the Annexe provides for termination of contracts where there is just cause. “Just cause” in this situation applies to situations of outstanding contracts. It states that where a club fails to pay the coach’s salary for at least two months on their due dates, the contract will be deemed to have been terminated, as long as the coach has made the club or association aware of the situation in writing, as well as granting at least a 15-day deadline to fulfil its financial obligations.
Termination of Contract without Just Cause
According to Article 6 of the Annexe, in all cases, compensation shall be paid by the party that has breached the contract. In terms of calculation of the compensation, it will be calculated thus:
The Coach’s Compensation
- Where a coach hasn’t signed a new contract and his contract is terminated, the compensation will be equal to the value of the contract that was terminated. For example, where the coach signed a two-year contract, and gets sacked with six months of his contract left, the value of compensation will the value of the six months left.
- Where the coach has signed a new contract by the time the decision to terminate the contract has been taken, the value of the new contract which corresponds with the time remaining on the contract that was prematurely terminated shall be deducted from the residual value of the contract that was terminated early – this is called Mitigated Compensation.
Compensation due to the Cub or Association
- The compensation will be calculated based on the damages and expenses the club or association incurred in connection with the contract termination. Due consideration will be given to the remaining remuneration and salary benefits the coach was due under the contract that was prematurely terminated – which includes the fees and expenses which the former club incurred.
In conclusion, the regulation provided a framework governing the contracts of football coaches, thereby giving them proper protection, and making sure their rights are better protected. Unlike the days before the creation of the regulation, the regulation makes sure to cover the field in terms of the validity of contracts, as well as termination of contracts. The only spanner in the works that might appear will be the fact that this regulation cannot be enforced by local coaches in Nigeria –due to the fact that should disputes arise, they have to be international in nature for FIFA to have Jurisdiction, and the NFF is yet to constitute a National Dispute Resolution Chamber (NDRC).
Ayomide Eribake is a graduate of law (Second Class Upper Division) from the University of Lagos. Over the last few years, he has developed keen interest in Sports Law, researching and writing on a number of sports law issues which have been published both online and in print.
He has garnered experience in Sports Law, working as a Legal Assistant at Sportlicitors LP, a Sports Law firm in Nigeria. During his time at the firm, he assisted with research, contract reviews and other tasks. He was also involved in creating the firm’s Virtual Internship scheme for law students – which also involved students from foreign countries.
Amongst his legal interests include: Football law, E-Sports, Insurance law and Labour law. During his free time, he enjoys reading, writing, playing football manager and watching football. He’s also a huge Liverpool fan.
by Legalnaija | Nov 9, 2021 | Uncategorized
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by Legalnaija | Oct 22, 2021 | Uncategorized
The Legalnaija online bookstore is offering mouth watery deals on law books for the duration of the NBA Conference. The online bookstore is the first of its kind dedicated to the legal profession, and it curates some of the most recent publications on diverse areas of law and jurisprudence.
Some of the highly recommended publications on the online bookstore include;
- The Nigerian Electricity Market; Understanding The Transactional, Legal & Policy Issues by Dr. Ayodele Oni
- Understanding Petroleum (Oil & Gas) Transactions and the Nigerian Market
- A – Z Of Sports Law by Olisa Agbakoba Legal
- A Force of Justice (A collection of law articles published in honour of Hon. Justice Oguntade JSC Rtd)
- Babalola’s Law Dictionary Of Judicially Defined Words And Phrases (2nd Edition) by Olumide Babalola
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- Casebook On Data Protection by Olumide Babalola
- Casebook On Human Rights Litigation In Nigeria by Frank Agbedo
- Dark Hearts (Hard Cover) by Layi Babatunde SAN
- Human Rights Litigation In Nigeria: Law, Practice And Procedure by Frank Agbedo
- International Arbitration Law And Practice: The Practitioners Perspective by Tolu Aderemi
- Journal Of Current Law And Arbitration Practice (Vol 1, No.2)
- New Developments In Law And Practice In Nigeria (Essays In Honour Of Dele Adesina SAN)
- Rights Of Suspects And Accused Persons Under Nigerian Criminal Law by Frank Agbedo
- Social Media For Lawyers by Adedunmade Onibokun
- The Employment Law Handbook by Jamiu Akolade
- Entertainment Law in Nigeria
- The Lawyers companion by Layi Babatunde SAN
- A Hand Book Of Criminal Law And Procedure Through Cases (Hard Cover) by Layi Babatunde SAN
- Hints On Land Documentation And Litigation In Nigeria (Paper Back) by Layi Babatunde SAN
- Principles Of Clinical Ethics And Their Legal Dimensions In Nigeria (Paper Back) by Layi Babatunde SAN
Please note you can order any of the afore listed publications for local or international delivery through any of the following ways;
- Visit the online bookstore on legalnaija.com/shop
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You may also contact us via email on hello@legalnaija.com, or via 09029755663. Legalnaija adheres to the strictest rules of professionalism and ethical conduct so you are sure to get great customer service, timely delivery and law books to boost your practice.
Dear Learned Friend,
We know your goal is to achieve success in your career by attracting clients who value your skills and are willing to pay your professional fees. We also know you are actively searching for avenues to make such connections.
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by Legalnaija | Oct 21, 2021 | Uncategorized
Gender balance means human resources and equal participation of women and men in all areas of work, projects or programmes.
According to Bloomberg, recent research from the World Economic Forum indicates it will take 202 years for women to achieve economic gender parity. Despite progress and positive trends overall, the gap in economic opportunity between genders remains the disparity that will take the longest to close completely.
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For lawyers in Nigeria, this is a big issue and always been the topic in different legal fora, especially by Nigerian lawyers, and even non-lawyers as well. Likewise this is going to be a huge topic at the upcoming NBA Conference starting on Friday, 22nd October, 2021.
All lawyers are allowed to encouraged to participate in the session on Tuesday, 26th October, 2021.
by Legalnaija | Oct 20, 2021 | Uncategorized
According to a Harvard paper, dispute resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Dispute resolution strategies include fostering a rapport, considering interests and values separately, appealing to overarching values, and indirect confrontation.
In the 2018 Justice Needs and Satisfaction Survey in Nigeria conducted by the Hiil, about 25 million disputes arise in Nigeria every year. Also men encounter legal problems more often than women, which they pegged at a 74% to 71% ration. Also, people in the highest income group encounter legal problems more often than others, particularly the lowest income group.
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However, are all these legal problems resolved? What is the impression of the average Nigerian to the dispute resolution mechanisms available. Are the Courts adequate? What role is ADR playing in all this and how can we ensure more user friendly justice systems in Nigeria?
All these and much more will be discussed at a session of the Annual General Conference of the Nigeria Bar Association. The session promises to be quite engaging and participants are encouraged to actively take part in the session.
by Legalnaija | Oct 20, 2021 | Uncategorized
Following a wave of conflicting court orders in the country recently, the Chief Justice of Nigeria (CJN), Hon. Justice Tanko Muhammad, demanded the records of proceedings in the suits. The development is sequel to the recent ex-parte decisions delivered by High Courts in three different states (River, Kebbi and Cross River) all of which border on the suspension or otherwise of the Chairman of the Peoples Democratic Party (PDP), Mr. Uche Secondus, which again brought to the fore the nuisance of conflicting judgments by courts of coordinate jurisdiction, particularly on pre-election, post-election and political party leadership crisis.
According to the Guardian Newspapers, the NJC, saddled with the responsibility of upholding decency and discipline by judicial officers, needs to act fast, starting with full investigation of the three judges being referred to it, in order to salvage the battered image of the Judiciary. This ugly trend negates all known and acceptable laid down judicial principles, one of which forbids the further litigation of a subject matter involving the same parties and of the same issues.
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Legal practitioners, being officers of the court, should be reminded of the nobility associated with the profession and conduct themselves in a manner characterized by candour and fairness. They should be reminded that a client has no right to demand that his lawyer do or refrain from doing anything repugnant to his lawyer’s sense of honour or propriety; and he is obliged to decline the conduct of a civil cause or to make a defence when convinced that it is intended merely to harass or injure the opposite party or to occasion a miscarriage of justice.
No doubt this was a very embarrassing moment for the Judiciary, and that’s why its important Lawyers thrash it out at the upcoming conference which starts on the 25th of October, 2021. Most certainly eminent members of the Bar and Bench will be on hand to contribute to the discussions. Save the date and time and make sure you participate.
