Former Nigeria Football Federation (NFF) Technical Committee member, Barrister Austel Elumelu, has cautioned against rushing into legal action against FIFA over allegations that the world football governing body knew DR Congo fielded an ineligible player during the 2026 World Cup playoffs.
Elumelu insisted that Nigeria must establish credible evidence of FIFA’s prior knowledge before considering litigation or demanding compensation, warning that allegations alone would not sustain a legal challenge.
“We really have to prove that they knew before we begin to talk about compensation,” Elumelu stated.
The legal practitioner explained that the passage of the qualification process could complicate any attempt to secure a sporting remedy, particularly where the original subject of the dispute can no longer be addressed.
“For me, in law, when the subject, the object of the matter, when it is no longer in existence, the law’s hands are always bent because you can’t command the law to do the impossible,” he said.
Elumelu referred to the legal principle res extincta, describing a situation where the subject matter of a dispute has ceased to exist.
“That is what we say, ‘res extincta,’ that the subject matter is no more, which will allow the matter rest,” he explained.
Nigeria’s World Cup qualification hopes ended following defeat to DR Congo in the African playoffs, with subsequent allegations concerning player eligibility generating renewed debate over FIFA’s handling of the matter.
Elumelu, however, maintained that Nigeria should concentrate on improving its future qualification campaigns unless compelling evidence emerges.
“Nigeria should do better in trying to qualify, unless we are absolutely sure and that we have the evidence that somebody in FIFA, or FIFA in its entirety, knew,” he stressed.
He added that proof of deliberate inaction could justify exposing the governing body’s conduct to the international football community.
“Then the major thing is, you know, to let the football world know the kind of shenanigans that FIFA is endorsing itself into,” Elumelu concluded.
His position underscores the distinction between allegations and evidence, with any credible legal challenge dependent on proving what FIFA knew and when it knew it.
