The Interim Management Company, the body saddled with the responsibility of running the Nigeria Professional Football League for three months has issued a warning to clubs.
In a circular signed by the Chief Operating Officer of the League, Mr. Davidson Owumi, the body asked clubs to desist from loan transfers of academy players or amateur clubs forthwith.
"In a bid to reset the operations of the Nigeria Professional Football League and put it in line with the mandate given to the Interim Management Committee (IMC), we urge ALL CLUBS to refrain from engaging in the unlawful practice of loaning players from Amateur clubs and Football Academies, as this practice is contrary to the provisions of the extant rules of the game." The circular posit.
It stated that the practice contravenes Rule B9.32 of the Framework and Rules of the Nigeria Professional Football League.
The rule states that “No Club of the League shall enter into a Loan or Temporary Transfer agreement (as the Transferee Club) with an amateur club, a football academy, an individual or any entity other than a professional football club (i.e. a club in the Nigeria Professional Football League or the Nigeria National League)."
According to the IMC,
”This practice, in addition to being illegal, contributes to capital flight from the Nigeria Professional Football League by ensuring that clubs are denied their due reward for developing professional footballers, as they are excluded from benefiting from any future transfer of the player(s) involved under this illegal arrangement.
The global football ecosystem has a reward system that favors clubs at every level. Thus, while professional clubs benefit from transfer fees, academies and amateur clubs benefit from training compensation and solidarity mechanisms. However, this disruptive practice only serves to disrupt the system by robbing professional clubs of their due.
Furthermore, this practice is also contrary to extant provisions guarding against Third-Party Influence and Ownership of Players’ Economic Right (TPI/TPO) as contained in Articles 18ibis and 18ter of FIFA Regulations on the Status and Transfer of Players, as well as Rule 9.34 of the Framework and Rules of the Nigeria Professional Football League.
It went further to urge clubs to desist from the act as heavy sanctions will be meted out to the clubs that engage in the practice.
Besides, the circular also clarified that claims bothering on financial disputes arising from player transfer between clubs do not affect the status of the player involved, as Article 18bis of the FIFA RSTP prevents any person or entity from acquiring the ability to influence the independence of clubs in employment and transfer-related matters.
Thus, a transfer or club cannot ‘recall’ a player already transferred, but can however pursue claims for the enforcement of the contract transferring the player.
In a similar vein, Article 18ter FIFA RSTP makes provision against Third-party ownership of players’ economic rights by providing that;“No club or player shall enter into an agreement with a third party whereby a third party is being entitled to participate, either in full or in part, in compensation payable in relation to the future transfer of a player from one club to another, or is being assigned any rights in relation to a future transfer or transfer compensation”.
Hence no person or entity can hide under the guise of being agents or player intermediaries to claim ownership of a player’s economic rights.Consequently, ALL football entities (including Football Academies, Amateur Clubs and Player Intermediaries) are also urged to take note of the above provisions, and ensure continued adherence to existing rules and regulations by refraining from entering into any such illegal and unenforceable contracts in the future.