SPORTS LAW with AMOBI EZEAKU, Esq.: Contractual Stability: Nigerian Football Clubs Versus Players (Part II) News

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SPORTS LAW with AMOBI EZEAKU, Esq.: Contractual Stability: Nigerian Football Clubs Versus Players (Part II)

By Daily Sports on November 25, 2015

“Contractual Stability is of paramount importance in football, from the perspectives of clubs, players, and the public” —FIFA Circular Letter 769.

Under the current FIFA transfer rules a compensation must be paid in case of unilateral breach of an employment contract in football and such compensation is calculated by taking into due account the relevant national law and by referring to objective criteria[1].

In Nigeria, the Nigerian Football Federation and the League Management Company primarily look at issues pertaining to the contracts between a club and player at the various league levels. Interestingly, the NFF and the LMC have been making tireless efforts towards stabilizing the contract regime especially between clubs and players at the topflight Nigerian Professional Football League.

The difficulty arises where the record systems adopted by clubs are very poor. Most contracts entered into between clubs and players in the Nigerian Professional Football league are not stable because of the manner in which the contract was entered into and nature of the terms and conditions of the contract. Most players append their signatures to unfavourable contracts because of the economic situations prevalent. Some others do so under duress and undue influence. In the long run, when the speck falls off the eyes and the player can no longer cope with the situation at hand, breach of the terms of the contract becomes imminent and inescapable. The doctrine of stability of contract therefore becomes defeated.

Curiously, Article 13 of the FIFA regulation on the Status and Transfer of Players headed “Respect of Contract” provide that a contract between a professional and a club may only be terminated upon expiry of the term of the term of the contract or by mutual agreement. No clear provision was made in the statute according the players the right to terminate their employment contract[2]; rather Article 17 of the Regulation provides an exception to the stability doctrine and deals with the consequences of terminating an employment contract without just cause.

Nigerians must know that if contracts are not adhered to and respected by parties the effects on the league and football economy is always harsh.

In order to make the doctrine of contractual stability workable in Nigeria, the Player’s Union must be up and doing in its role towards the protection of player’s interest. Again, in the event that clubs elect to include a termination clause or a unilateral option in the contract, players must be offered the opportunity to take independent legal advice prior to entering into the contract. This will give players a greater knowledge of the situation.

We conclude by charging all relevant bodies (NFF, LMC, NNWL, Player’s Union, Football Clubs etc)[3] to at all times strive to uphold the very revered and powerful doctrine of contractual stability. Indeed, the League Management Company which directly looks over the topflight league should be stable both internally and externally so that the struggle for the actualization of sustainable and stable football clubs versus football player’s contract regime would be won and ultimately enthroned at all levels throughout Nigeria.

•Amobi Ezeaku, Esq. is Legal Adviser, Nigeria Players’ Union. Your comments and reactions are welcome. Please send to 08038338272, 08158461730 or by e-mail to amobi.ezeaku@yahoo.com

[1] Of course, the consequences of such a termination in Nigeria for the contractual parties (players and clubs) could be extremely important in both economic and sports terms.

[2] The Regulation only states that either party could terminate where there is “just cause”. What amounts to “just cause” becomes the hard nut to be cracked.

[3] NFF means Nigeria Football Federation. LMC means League Management Company and NNWL stands for Nigeria Nation Wide League.

Source Daily Sports

Posted November 25, 2015