This research was done cause of an argument at work. But I still think the boy's a twat...
The matter before us is whether FIFA has the moral right to ban John Mikel Obi if he has contemplated going back to Lyn Oslo at a time of his own chosen? From all the facts I have been made aware and my knowledge based on this issue
I make bold to write that FIFA does not have any MORAL RIGHT to BAN him and they would not want to go that way because it could likely lead to another
Bosman type ruling in the natural court. The stated points below and relevant regulations reproduced below would give credence to my stand on this issue. I have not given all but given enough information for people here to understand my line of arguement.
1) The Employment contract that was signed by Mikel Obi and the Norwegian Club Lyn Oslo was executed in error since the relevant FIFA statutes and regulations were incorrectly applied. A pertinent question you may want to ask is the process Lyn Oslo took in having the ITC of a Non-Amateur player previously registered as a professional player in the Nigeria Premier League?
Please see below Art 28 of the Regulations for the Status and Transfer of Players. Please note that contractual error do always occur in the in the Scandinavian region. A very vital case is an African player that a Danish top club got a work permit for to play in the League. When another club requested that a work permit be issued to their South American player who is of similar age to the African, precisely 16 years old, was denied a work permit. The club protested and made reference to the African player with the other club and the resultant result was revocation of the permit earlier given to the African player. The premise here is that error can be allowed if not brought to the fore.
2) There was already a dispute between Obi and Lyn Oslo before the U-20 WYC and very wrong for Lyn Oslo to make any meaningful pronouncement as to enforcing the return of the player after the tournament ended. If you recall there were comments made by the officials of Lyn Oslo and one such comments made was that JMO was under threat.
3) Lyn Oslo concluded a contract with the player and his advisor(s) and the same Lyn Oslo a few days after requested the club personal attorney to annul the contract the player had with his advisor. By so doing Lyn Oslo breached the tenet of FIFA Statutes and regulations it was agreed to uphold.
4) Lyn Oslo postulated to the Dispute Resolution Chamber (DPR) that the player had visa and work permit which on the basis the decision was reached. It is now a common knowledge that was not
exactly the case.
5) The decision reached by DPR was not personally conveyed to the player himself and as such the player alone can only testify to FIFA if he has actually received the document.
Regulations for the Status and Transfer of Players
Art 2
1 Players who have never received any remuneration other than reimbursement
of their actual expenses incurred during the course of their participation in any activity connected with association football are regarded as amateur.
2 Travel and hotel expenses incurred through involvement in a match and the
costs of a player’s equipment, insurance and training may be reimbursed without
jeopardising a player’s amateur status.
3 Any player who has ever received remuneration in excess of the expenses and
costs described in par. 2 of this article in respect of participation in an activity connected with association football shall be regarded as non-amateur unless he has
reacquired amateur status under the terms of Art. 26 par.1 below.
Art. 5
3 National associations can only register players coming from another association
subsequent to the receipt of
(i) a certificate of transfer of registration from that
other association (hereunder referred to as the “international registration transfer
certificate”) and
(ii), in the case of a non-amateur, a copy of the player’s contract with his new club
Art. 6
1 An amateur or non-amateur player who has become eligible to play for a club
affiliated to a national association may not be registered with a club affiliated to
another national association unless the latter has received an international registration
transfer certificate issued by the national association which the player wishes
to leave.
2 A national association may only request an international registration transfer
certificate from the national association which the player wishes to leave if the
club which the player wishes to join submits its request for registration in a timely
manner, i.e., during a registration period fixed by the national association which is
to request the certificate.
3 Upon receiving the request, the national association of the former club shall
immediately request that club and the player to confirm whether the contract has
expired, whether early termination was mutually agreed, or whether a contractual
dispute exists.
4 A national association shall produce an international registration transfer certificate
within 7 days of a demand from another national association, while simultaneously
sending a copy to the FIFA general secretariat.
Art. 12
1 International transfers of players under the age of 18 shall only be permitted
(a) as a general rule, when the family of the player moves to the country in which
the new club is located for reasons that are not linked to football
(b) within the territory of the EU/EEA and in the case of players between the
minimum working age in the new training club’s country and the age of 18,
suitable arrangements are guaranteed for their sports training and academic
education by the new training club. For this purpose a code of conduct
will be established and enforced by the football authorities.
2 The same principles apply to the first registration of players under 18 who have
a nationality other than that of the country in which they first request to be registered.
Art. 26
1 Any player who has been registered as a non-amateur with a national association
may not be reclassified as amateur until a period of 30 days has elapsed.
2 This period shall start as from the day the player competed in his last match
with the club with which he was registered as a non-amateur.
Art. 28
1 A non-amateur player who stops playing competitive football shall remain registered as a player at the national association’s club with which he was last employed for a period of 30 months.
Regulations governing the Application of the Regulations for the Status and Transfer of Players
Art. 4
1 National associations in the EU/EEA shall refuse the registration of players under 18 years of age who are nationals of countries outside the EU/EEA and who are not moving for family reasons under the terms of Chapter VI of the FIFA Regulations for the Status and Transfer of Players.
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