The move by former Super Eagles coach Samson Siasia to get a complete reversal of the five-year ban he is presently serving for allegations bordering on match-fixing has suffered a setback.
The Nigerian coach who is also seeking compensation for the ‘damage’ done to his reputation has seen the suit he filed at the U.S. District Court for the Southern District of New York against the world football governing body-FIFA dismissed.
Siasia while raising four charges against FIFA, said he has “suffered and continues to suffer injury to his property right, his reputation as a soccer coach, and emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life.”
However, a Manhattan federal judge ruled the dispute before it has no jurisdictional ties to New York.
It is in that light that U.S. District Judge Alvin K. Hellerstein axed the August. 2 complaint filed by Siasia who though is a former Super Eagles player and ex Nigerian national team head coach also doubles as a U.S Citizen.
Bribery allegation and the ban
Siasia’s travails started when he was approached by a match-fixer, Wilson Perumal, in 2010, while seeking a job with an Australian club.
In emails between Perumal and Siasia, the Nigerian coach was keen to get the job despite the clauses being pushed by the match-fixer.
“You have a reputation as a silver medalist coach in Beijing Olympics. I wish to be transparent with you in this matter. I am going to take over a club. I want to engage you as the head coach. It is an Australia ‘A’ league team.
“You know my nature of business. I will personally bring in 5 Players and dictate the show. You will do your coaching job and play along. I will not drag you into what I am doing. My players will take instructions from me. You will have just close one eye and do your coaching job. There is no relegation in this league. No one can fire you. What amount will u be asking for as salary,” Perumal said in one of his emails to Siasia.
Siasia sought to know the monetary terms attached even though he was also cautious in his approach.
“Am I going to pay taxes on this amount if agreed and what about signing on fees, accommodation, and car?” Siasia asked.
“Also need to know about flight tickets for me and family. I will be waiting for your soonest response because I have other offers am looking at,” Siasia added in one of the correspondences.
In FIFA’s verdict handed down at the end of the trial, Siasia, who had at different times handled various Nigerian national teams, was barred from coaching for life.
But his punishment was reduced by the Court of Arbitration for Sports (CAS) to a five-year ban and his initial 50,000 Swiss Francs fine totally reversed.
While CAS ruled that Siasia did not receive any bribe and did not fix any match, the court said he erred by not reporting the matter when he was asked to fix matches by a club official at a club he sought to coach.
Siasia, through his team of lawyers led by Nitor Egbarin then opted to file a suit to challenge the trial on the bribery charge and the life ban, as well as the subsequent five-year ban imposed on him.
Ruling
As reported by law360.com Judge Hellerstein said the court lacks authority to consider the claims because both FIFA and the Court of Arbitration for Sport, which upheld Siasia’s conviction on appeal, operate under Swiss law.
Siasia’s attempt to establish a jurisdictional link to Manhattan based on the fact that New York is one of 16 North American host cities for the 2026 World Cup was also rejected by the judge.
“I find that defendant is not subject to either general or specific jurisdiction,” Judge Hellerstein wrote. “While the complaint alleges that defendant has ‘significant contact in this district and is currently organizing the 2026 FIFA World Cup in this district,’ plaintiff’s injuries neither relate to nor arise out of whatever that ‘contact’ entails.”
Judge Hellerstein added that even if a U.S. court did have jurisdiction over the dispute, that court would be not in New York City but Atlanta, where Siasia resides.
“Plaintiff himself has no connection with New York, and defendant’s contacts or lack thereof were felt by plaintiff in Atlanta, Georgia,” the judge wrote.
Already, Siasia’s lawyer Nitor V. Egbarin has confirmed to Law360 they would still be pushing their case despite the momentary setback. Egbarin said they will either refile the lawsuit in Georgia or appeal Judge Hellerstein’s dismissal order.
“He can bring his case in Atlanta,” Egbarin said, “or we can appeal it because I believe FIFA has enough contact in New York.”
Counsel for FIFA did not immediately comment on the order Friday.
In the dismissed suit, Siasia is represented by Nitor V. Egbarin of the Law Office of Nitor V. Egbarin LLC.
FIFA was represented by H. Christopher Boehning, Daniel H. Levi and Ethan Stern of Paul Weiss Rifkind Wharton & Garrison LLP.
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