PASSION, RIVALRY, AND THE LAW: UNPACKING THE LEGAL IMPLICATIONS OF THE ORIENTAL DERBY OUTCOME

PASSION, RIVALRY, AND THE LAW: UNPACKING THE LEGAL IMPLICATIONS OF THE ORIENTAL DERBY OUTCOME

The NPFL season is reaching its climax, and the tension is palpable! The stakes are high, and fans are on the edge of their seats. The Oriental Derby between Enugu Rangers and Eyimba FC was a thrilling encounter that drew a massive crowd of over 20,000 fans to the Cathedral. The energy was electric, but things took a dramatic turn towards the final minutes of the game.

This paper aims to address the legal implications of the Derby outcome, exploring the intricacies of the NPFL Framework Rules for the 2023/2024 season. It also intends to review the NPFL decision.

It so happened that during additional time a penalty was awarded in favour of Enugu Rangers, leading to a fierce response from Eyimba players, this incident escalated into a more severe disturbance as Eyinmba FC fans invaded the pitch in large numbers. Consequently, the match was suspended and eventually abandoned by Eyinmba FC.

?The Incidents and their Legal Implications

1. Eyimba FC players assaulting the match officials:

Rule C 9 of the NPFL Framework Rules provides that Clubs are required to control their Players and Officials and ensure their proper conduct at all times.

Rule C 11 goes further to state that any player or official who assaults a match official shall be suspended for a period which may be up to one year. Where a club is found culpable in the assault of a match official, three (3) points and three (3) goals shall be deducted from the accrued points of the errant club.

The NPFL has failed to define assault in its definition section, however, the Black’s law dictionary (2021) defined assault as an act of putting another person in reasonable apprehension of imminent harmful or offensive contact or the act of creating a reasonable fear of injury or harm on another person.

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2. Eyimba FC fans invading and throwing objects towards the pitch:

Rule B 13.18 and 13.19 of the NPFL Framework Rules provides that no person shall encroach onto the field of play or throw objects towards the field of play or towards a match official, player or other person at any time in the course of a match and where a match is discontinued as a result the Club responsible may be fined up to the sum of Five Million Naira only.

3. Eyimba FC abandoning the match:

Rule B 13.26 of the NPFL Framework Rules provides that any club that refuses to continue with a game for a period up to five minutes or till the expiration of full time of either half of the game or walks-off the pitch in any form of protest against a decision of the referee?or otherwise shall be liable to a fine of up to Three Million Naira payable before the club’s next match. In addition, 3 points shall be deducted from accruable points of the Club and also 3 points 3 goals shall be credited to the opponent depending on the severity of the incidence.

4. Crowd spillover onto the race track:

The atmosphere and energy from the fans is highly commendable, however, the NPFL Rules frowns at fans gaining access to restricted areas. Rule B 13.52 of the NPFL Framework Rules defined restricted areas to include the dressing/changing rooms and the tunnel, passage or corridor leading thereto, the technical area, the field of play and the race tracks or other immediate surrounding area.

NPFL Sanctions

Enugu Rangers: Fined N5 Million for various offenses, including over-ticketing, inadequate security, and failure to implement crowd control measures.

Eyimba FC:

Fined N10 Million for offenses including disrupting the live broadcast, throwing objects onto the pitch, encroaching onto the field, and causing the match to be discontinued. Forfeited 3 points and 3 goals in favor of Enugu Rangers.

Both Clubs are required to (within 48 hours) either submit to the Board’s jurisdiction and pay the fine imposed; or elect to be dealt with by a Commission. Failure to comply with this requirement is liable of breaching the League Rules as provided for in Rule C 26.?

I agree with most of the NPFL sanctions however, there should be a different approach to sanctioning clubs for failure to maintain an effective crowd control. The current framework rules and board decision may not fully consider the extraordinary circumstances of certain incidents, such as the recent event where the club's security agents had no control over the events that unfolded.

Take for instance Rule E 21.5 of the England FA Handbook 2023/2024, which provides a more nuanced approach to pitch invasions, considering the following factors such as:

1. The extent to which the club has discharged its duty

2. The severity of the issues involved and whether they are within the club's control

3. The frequency of similar incidents and whether the club took sufficient preventive measures

I recommend that the NPFL consider adopting a similar approach, taking into account these factors to ensure fairer sanctions in the future.

Jesuye Ogunyemi

Sports law || Intellectual property || Alternative Dispute Resolution || Legal Writing

8 个月

Very informative

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Steve Austin Nwabueze

Dispute Resolution and Sports Law

9 个月

Insightful piece, Tosu. Well done.

Jesujoba Tosu

Lawyer | Sports | IP | Arbitration | Founder Sport'nLaw

9 个月

Pius Ndubuokwu In the event that the away fans' violent encroachment onto the pitch cannot be attributed to the home team's negligence. Despite the home team's diligent efforts to prevent such an occurrence, the away fans still managed to breach the pitch. It would be unjust to hold the home team accountable for the away team's reckless behavior, especially when all reasonable measures were taken to prevent it. What do you think Sir?

Pius Ndubuokwu

Sports Attorney

9 个月

It is a strict liability offense pursuant to art. 17 of the fifa disciplinary code.

Pius Ndubuokwu

Sports Attorney

9 个月

Thank you Josh.

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