Gusau has no locus standi to sue as AFN President, Sports Ministry, AFN tell court

Lawyers representing the Federal Ministry of Sports Development and the Athletics Federation of Nigeria, AFN, have filed a preliminary objection to the suit
brought by Ibrahim Shehu Gusau, the immediate past President of the federation asking to be recognised as the authentic President.

Gusau had filed a suit at the Federal High Court, Abuja division soon after the elections into the board of the AFN on June 14, 2021, challenging the
validity of the election that brought in the Tonobok Okowa led board of the federation.

The former Nigeria federal lawmaker is insisting the election held in Kebbi on the same date should be recognised as the authentic election albeit it was
organised in violation of World Athletics’ order which stipulated the 2017 constitution of the federation must be used.

The Sports Ministry and AFN lawyers, in documents filed at the court and seen by SportsNow, are arguing Gusau has lost the right to institute the case as he
was no longer the federation’s president because he has no recognizable legal right or interest in the subject of litigation.

‘We submit my lord that, on the authority of Section 6 (6) (b) ofthe 1999 Constitution of the Federal Republic of Nigeria, the judicial power of the court
can only be invoked if and only if there is any question as to the determination of any civil rights and obligations of the person seeking to invoke the
jurisdiction of the court.

‘That being the case therefore, a person like the present Plaintiff whose right and obligations have NOT been called into question cannot invoke the
jurisdiction or judicial power of the court to adjudicate on any matter.’

‘Flowing from the above constitutional provision, we submit my lord that by virtue of reconstitution or inauguration of a new Athletics Federation of Nigeria
Board on the 15th June, 2021 after the expiration of the term of office of the Plaintiff and his former Board members clearly put no one in doubt that there
is no live issue upon which the jurisdiction of this Honourable Court can be invoked by the Plaintiff.

‘In other words, the Plaintiff’s case as presently constituted or formulated has become academic and speculative because, there is no platform or live issue
upon which the Plaintiff’s case against the Defendants can be tied. And we urge my lord to so hold,’ the lawyers argued in one of the three the preliminary
objections they raised opposing the suit.