Court Throws Out Owumi’s Suit Against NPL

Davidson Owumi’s suit against the Nigeria Football League (NFL) Limited and two others has been dismissed by Justice Abubakar Umar of the Abuja High Court.

The two others are Prof. Akin Ibidapo-Obe and Chief Victor Baribote, who is the Chairman of the board of Nigeria Premier League (NPL), the Nigerian top league organising body owned by NFL.

Ibidapo-Obe is the chairman of the Arbitration Tribunal set up by the Nigeria Football Association (NFA) to settle the dispute arising from the NPL board elections of May 8, 2010.

Owumi had filed a motion for an interlocutory injunction to nullify the decision by the tribunal headed by Prof. Ibidapo-Obe which declared the elections as null and void.

The former Sharks FC player had also asked the court to nullify the tribunal’s declaration of Baribote as NPL Chairman.

Delivering his ruling, Justice Umar held that the suit filed by Owumi was “a gross abuse of court process.”

He further held that Owumi was trying to use a legal process to accomplish an unlawful purpose.

Justice Umar held that Owumi had earlier instituted a similar case at the Federal High Court which had the same jurisdiction as the FCT High Court.

The Judge said the doctrine of “res judicata” which means “finally decided”  prevented a litigant from getting yet another day in court after the first lawsuit had been concluded by another court.

He said the judgment delivered by Justice Gabriel Kolawole of the Federal High Court on the suit filed by Owumi was binding.

The Federal High Court had upheld the award of the Arbitration Tribunal headed by Ibidapo-Obe which nullified the 2010 poll.

“The rule provides that when a court of competent jurisdiction has entered a final judgment on the merits of a case, another court with the same jurisdiction, cannot adjudicate on the same matter.

“The final judgment on the matter by my brother Justice Kolawole bars further claims by the same parties based on the same cause of action.

“Owumi failed in his attempts to convince the court that the suit he filed at the FCT High Court is not the same as the one which judgment had earlier been delivered at the Federal High Court,” he said.

Umar, therefore, struck out the suit for lack of merit.