The Nigeria Football Federation case against BSN Sports over publication of unpaid bonuses of the Falconets could not go on as scheduled because the plaintiff lawyer stated wrongly pointing out to the supposed served motion for amendment of their original processes.
When the hearing of the case came up on Tuesday, 25th June 2019, at the FCT High Court, Kwali before Justice Anna Iyabeni Akobi, the plaintiff lawyer started by bringing out the wrongly served amendment process filed in court and seemed like a drama and dream to the defendant counsels who have neither seen nor heard about it until that moment.
Lead counsel for bsn sports, Barrister Ihensekhein Samuel Jnr, an activist, human right and criminal lawyer who had won many high profile cases in the past was surprised to hear the claimant’s lawyer saying that amended process has been duly served to him on the 11th June 2019.
BSN Sports’ lead counsels therefor called the attention of the judge, Justice Anna Iyabeni Akobi to that effect then, vehemently objected and smartly argued that they have not been served. The court looking at the endorsement of service actually noted that BSN Sports (the defendant and defendant’s counsels) are not properly served. And the court in its wisdom called for the service of the motion to the defendant lead counsel to correct both service of originating processes sought to be amended and motion to amend as the case was adjourned to 7th October, 2019.
In his words: “We are surprised and taken aback by the plaintiff counsel that a process that have not been served on us, which we saw for the first time in court and purportedly was served to a wrong law firm quite different from the substantive counsel handling this matter which is Pathlegal & Co.” Barrister Sam Jnr told journalists.
“And so it was in that premise they have to seek for another date in order to correct service of the amended process.” He continued.
He laid the blame for the adjournment at the door step of the claimant who failed to properly served the defendant.
“The fallout of today’s (Tuesday) proceeding is simply on the hand of the plaintiff who could not take proper step to see that the service was properly served on either the defendant or defendant counsel.”
“On our own part, myself (the lead counsel) and my learned colleague (second defense counsel) Barrister Fayaienjigha Israel Jacob are ready and we have even filed our statement of defense, witness statement of note as well as accompany documents and we are ready to move on with the hearing of this case.
“This case is to let the world know the truth regarding www.bsnsports.com.ng publication on the unpaid bonuses of the Falconets and some certain state of affairs in glasshouse.
“We are much ready but as it goes and it stays, justice delayed will not be justice denied.
“The plaintiff for whatever reason are not able to move their motion to regularise the process they have filed before the court as they seek to amend their court process that was served before this court and that has not served on us and we kicked vehemently against it because service of court process in our jurisprudence whether in civil or criminal matter is very important as it goes to the nutshell and jurisdiction of the case itself. And the court in fairness ordered that will be served that motion for them to amend their processes, statement of claim and writ of summons that was served earlier and that we have received after today’s court proceeding .”
He assured all and sundry and all football fans following the case that they are capable of arguing the case to a logical conclusion where justice will prevail at the end end of the case.
“On our own side, we will put again another strong defense to what they have served so that at the end of the day, justice can be said to have been done in this case.
The defense counsels believed that the court in its wisdom will allow justice to prevail and the truth will be known to the world.
“With the way it is going, at the conclusion of this matter, there will be a just determination of some certain state of affairs relating to the Publisher, www.bsnsports.com.ng, Mr. Niyi Busari and Ms Ruth David who is acting on behalf of the NFF over unpaid allowance and bonuses of Falconets before the world cup are actually paid or not.” He concluded.
NFF had dragged an online sports newspaper, www.bsnsports.com.ng to FCT HigC court in Kwali over a publication of a report on unpaid bonuses of the Falconets before the U20 Women’s World Cup in France titled “U20 World Cup: Allowance Scandal Hits Falconets.