FIFA frowns very seriously at any kind of interference in its affairs or in the affairs of any of its members. Thats why it descends heavily on national associations that allow their governments to interfere in their affairs.  Nigerians have become so conscious of this that the fear of FIFA sanction has become the beginning of wisdom. Unfortunately also, thats why Nigerian football is in the present cul de sac. The Nigerian government, on its own, would have long solved the present crisis in Nigerian football but for the fear that FIFA would come down heavily on the country’s FA and, by extension, the country itself.   So pervasive has this dread become that the entire country trembles every time there is a mention of FIFA. Some people know this and have effectively used it to their personal advantage.  Nigeria must shake off this fear in order to be able to be move on and do great things in football beyond the myopic perception of those that have been controlling the strings. We can do that by revealing what lies behind the veil of Nigerian football. Lets face the bare facts! Lets start from the beginning!

Government is not a third party, but the only party!

This is straight from the latest Nigeria Football Federation Statutes.

Article 1.1 says:

‘Nigeria Football Federation is a private organisation of an associative nature in compliance with the laws of Nigeria. It is formed for an unlimited period’.

These are the first lines in the Statutes of the NFF.  The NFF defines itself as a private organisation? What does that mean?

A private organisation, by my simple understanding, is an organisation that is not public-owned. That is, it is not of government! I, therefore, understand where former secretary-general of the NFA, Mallam Sani Toro, is coming from when he stated several times in the past few months, as part of his manifesto, that one of the steps he would take if elected President of the NFF, would be to get the NFF registered with the Corporate Affairs Commission, CAC, as a limited liability company. It makes sense, as that would ensure that the organisation fulfils FIFA’s basic requirement of being a private organisation. For that to happen the registered directors of the company would be private individuals, members of the organisations or associations that come together with the common interest to promote Association football in Nigeria. In other words, the registered directors of the NFA in the present dispensation will be made up of representatives of the members of the NFA – a representative of State FA Chairmen, a representative of the Premier League, a representative of the Women’s League, a representative of the Coaches association, a representative of the Players association, and representatives of any other associations that are members of the NFA. As a limited liability company the association will be ‘independent’ to conduct its business within the territory of Nigeria and in full compliance of the laws of the country. As a limited liability company, the NFA would be able to go into all manner of business activity as listed in its Articles and Memorandum of Association including that of football. As a body corporate, also, it can sue and can be sued. Are you following the argument?

What do we have at the moment? What have we had since the NFA was formed in 1945? For sure, the NFA has never been registered by anyone as a limited liability company with the CAC even though its initial membership at inception was of private individuals (mostly volunteers) with a common interest who came together under a loose arrangement and started organising football activities in the country. They also sought membership of FIFA. So the 1945-NFA actually fitted into FIFA’s definition of  a private organisation of an associative nature.

At a point down the line, in the early1970s, with the country getting more involved in international football competitions, government took more interest in the activities of the independent NFA, started to provide some funding and inexorably got drawn into its administration. Government further backed up their action in the 1990s when they enacted a decree that gave the NFA a new life and definition. Thats how Decrees 10 and 11, and later Decree 101 came to be. 12 years ago with the advent of democracy  Decree 101 simply morphed into Act 101 of the Nigerian parliament. The situation has remained like that ever since. Thats why several people have been clamouring for the abrogation of the Act from the country’s statute books. Thats what Chief Justice Adokie Amiesimaka believes must be the first step in the process of reforms in Nigerian football. The big fear is what would happen should government decide to surrender its control and funding of football to individuals. Which individuals would that be? Club owners? What club owners? The football business is not a profitable business in Nigeria and no businessman would invest in it for the purpose of profit at this time and for many years still to come.  As a result, various State and Local governments own or fund almost all the clubs in the country. So, as things stand today, the NFF is, in truth, a public organisation of an associative nature in compliance with the laws of Nigeria. As a public organisation it derives its life and powers from the laws of the country. Thats the first anomaly with the NFF set up! Under this arrangement also, just like every private organisation operating in compliance with the laws of Nigeria,  a public-owned  NFF can sue and be sued!

Lets go on and look at FIFA’s second mandatory requirement for membership of its federation!

For any national association to join the family of football (WAFU, CAF, or FIFA) it must fulfil a second critical and important criterium. For the umpteenth time let me quote from a document of FIFA to the Nigeria Football Federation in November 2009:  ‘According to the FIFA Statutes, the NFF is obliged to manage its affairs independently and ensure that its own affairs are not influenced by any third parties’.

Any FIFA member’s independence will only be acceptable if its decisions and affairs will not be influenced by any third parties. the key words here are ;

‘independence’ and ‘third parties’. The involvement of a ‘third party’ in the affairs of the association will negate the ‘independence’ of the association, thats the argument. So, who is a third party? In the rather peculiar circumstances of the NFA in Nigeria who is a third party?

let me repeat for clarity that the NFA is not even registered as a private organisation. It exists by the grace of an Act of the national assembly, an arm of the federal government of Nigeria. Needless to say, its activities, programmes and secretariat are funded by the government. At State and lesser levels, even the clubs are owned by governments. In the professional cadre of Nigerian football where the clubs are required to be registered limited liability companies, although they all register appropriately with the CAC, all the listed directors of the companies (clubs) are the serving State government officials at the time of registration. None of these senior civil servants contributes a kobo as shares in the football clubs. Everything is paid for by State or Local governments. What this means is that most Nigerian clubs are registered companies,  that are owned by government!

There used to be a number of genuine private clubs funded by individuals. Unfortunately, most of them survived only for a short period under the burden of the high cost of running them. The football industry has not been active enough in Nigeria to be viable and no business men would invest in club football for the purpose of profit. The few that did and still do, use the publicity and goodwill around the clubs to drive their other interests. But the number of such clubs is infinitesimal.

So who is the ‘third party’ whose influence, as indicated by FIFA, is unwanted in the running of association football in Nigeria? Surely it cannot be the legitimate owners and funders of the clubs, leagues and other related members of the NFA that would be considered as third parties. In Nigeria government is the first, the primary, and, indeed, almost the only party! Considering the circumstances, ironically, it is the private sector that does no funding, does not own the clubs, that can be considered to be a external  influence, a third party in Nigerian football, not government! As undesirable as that situation may be that is the truth of the matter.

FIFA’s expectations of their members is correct. But FIFA’s interpretation of their basic requirements as they relate to the Nigerian setting is misplaced. In Nigeria, the government is not the third party in association football. It is the primary party. It cannot, therefore, be said to be interfering in its own business! It is this mis-understanding that continues to present challenges whenever there is a power struggle between those running the game (all appointees of government in one form or the other) and the government that funds them. FIFA must understand this to understand how to tackle the problems of administration of football in Nigeria. To understand this even better all FIFA needs to do is take a look at the profile and history of the one they recognise as Nigeria’s foremost present-day football administrator – Dr. Amos Adamu. He represents the ‘conflict’ in the interpretation of FIFA’s statutes. A high-ranking government officer, who has never served in a private capacity or organisation whose activities are association-football related, who rose through the football ranks riding on the back of government support, and has been acceptable to FIFA and has risen in the FIFA hierarchy without question! If FIFA finds Adamu acceptable and useful to them as a representative of Nigerian football administration, why would they find issues with the administrative set up that produced him? Therein lies the answer.

In Nigerian football, for now and for some time to come, FIFA has to admit that it is not possible to have the kind of arrangement as defined in their statutes. Thats why FIFA wisely also makes the provision that associations can domesticate their set up to suit their local environment and laws provided they are not offensive to FIFA’s primary philosophy. Thats what Nigeria is battling with – to find a happy medium. FIFA should keep their distance, and not continue to spread ‘fear’ amongst its members until and unless they fully understand how things work in that environment. Otherwise, FIFA itself would become a burden and a problem for its members whom they seek to protect   through their own unwanted interference