Establishing A Sports Academy In Nigeria: Key Legal Considerations

INTRODUCTION

The Sporting industry is an important sector in the Nigerian ecosystem because it has contributed significantly to economic growth and has served as an avenue for fostering peace and unity. Nigeria boasts of a rich sporting tradition, consistently producing talented athletes across various disciplines. To nurture this talent and propel Nigerian sports to even greater heights, establishing dedicated sports academies is crucial. However, navigating the legal landscape can be a daunting task for those embarking on this endeavour. This article explores the key legal considerations for establishing a Sports Academy in Nigeria, equipping aspiring academy founders with the knowledge to navigate the process effectively.

A CURSORY GLANCE AT THE LEGAL FRAMEWORK FOR SPORTS IN NIGERIA

The Sports industry in Nigeria is regulated by the following Laws:

1. National Sports Commission Act
   
   The National Sports Commission Act 1971 (NSCA) is the foundation of Nigerian sports law. It creates the National Sports Commission (NSC) which is responsible for:
   
   1. Developing national sports policies to increase participation, find talent, and achieve success.
   2. Overseeing National Sports Federations (NSFs) for different sports, ensuring they follow good practices and international rules.
   3. Coordinating Nigeria's participation in international sports events
   4. Promoting sports development at the grassroots level through facilities, competitions, and school programs.
   
   The NSCA however, is fraught with a lot of challenges as most provisions of the NSCA do not reflect the modern realities. The NSCA does not cover salient issues such as anti-doping regulations, athlete career management, dispute resolution mechanisms, legal and regulatory requirements for the establishment of a Sports Academy.¹
2. The Constitution of the Federal Republic of Nigeria 1999 (CFRN)
   
   The CFRN forms the bedrock from which all laws, regulations, and rules regulating the sports industry in Nigeria get their validity. Chapter II of the CFRN restates the government's responsibility towards the promotion of National Unity and integration. In the same vein, the CFRN promotes the formation of associations that transcend ethnic, religious, and other sectional divides. ² Sports, by their very nature, bring people together regardless of background to compete, cheer, and celebrate. This aligns perfectly with the Constitution's objective of fostering a sense of national integration. By encouraging the creation of sports associations, the CFRN³ lays the groundwork for Nigerians to connect through shared athletic pursuits, ultimately contributing to a more unified nation.
3. The Labour Act
   
   The Labour Act("LA")⁴ provides a foundation for athlete rights, terms of service, and termination procedures generally. However. recourse is often made to Contract law, Sports-Specific Federation Acts, and international best practices ensuring fair labour practices, minimum wage standards, and safeguarding athlete rights. ⁵ In the same vein, the Child Rights Act ("CRA")⁴ makes adequate provision for the applications of the sections of these provisions of the LA on young persons. ⁷ Thus the CRA by adopting these provisions of the LA ensures that the rights of a young person participating in Sports are not infringed and also looks out for the general well-being of young athletes by prohibiting their participation in activities that may impact negatively on their health and safety. ⁸
4. Specific Sports-Related Acts
   
   Certain sports, like football, have their dedicated legislation. For instance, the Nigeria Football Association Act establishes a separate governing body for football with its own rules and regulations. Similarly, various sports federations and associations are responsible for the development and governance of specific sports disciplines in Nigeria. These bodies are registered with the Corporate Affairs Commission (CAC) and are required to comply with the relevant laws and regulations. Moreover, sports clubs, associations, and organizations in Nigeria follow documented constitutions, codes, regulations, and rules that promote a robust and healthy sports culture.
5. International Sports Law:
   
   Nigeria's participation in international agreements, conventions, and treaties influences its sports approach. These could be through an indirect influence or membership compliance. For instance, Nigeria's involvement in global sports organizations, such as the International Olympic Committee (IOC) and FIFA (Fédération Internationale de Football Association), acts as a bridge. It allows international sporting regulations to be incorporated within the framework of the National Sports Commission Act and associated legislation. This is particularly seen as these international treaties often set global standards for issues like anti-doping, ethical codes, athlete rights, and good governance in sports. These international regulations are then implemented through the National Sports Commission (NSC) and National Sports Federations (NSFs).

In Nigeria, the regulatory landscape governing sports is a multifaceted and intricate system. Agencies and bodies regulating sports activities in Nigeria include the following:

1. The Ministry of Youth and Sports Development
   
   This Ministry is the Federal Government body in charge of the overall development and regulation of sports across all levels in Nigeria, through the formulation of policies and implementation of same for the growth of the sports industry.
2. The National Sports Commission (NSC)
   
   This Agency also plays a crucial with the Ministry of Youth and Sports to drive policies and see to the implementation of these policies in the sports industry. The Commission also coordinates national sports events and provides support to International and Local Sports Federations and associations.
3. The Nigerian Institute for Sports (NIS)
   
   This Agency is responsible for the training, certification, and professional development of sports administrators, coaches, and athletes. The NIS offers various courses and programs aimed at improving the overall standards of sports in Nigeria. ⁹
4. Sports Federations
   
   Sports Federations, like the Nigeria Football Federation (NFF), the Athletics Federation of Nigeria (AFN), the Nigeria Basketball Federation (NBBF), and the Nigeria Tennis Federation (NTF) oversee the management, organization, and control of their sports within the various sporting activities in Nigeria. They establish regulations, manage disciplinary issues, and oversee the selection of national teams.

Footnotes

1 The Legal Framework for Sports Development in Nigeria - Academia.edu., Assessed on 12th April, 2024.

2 Section 15(3)(d) the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

3 Ibid.

4 Laws of the Federation of Nigeria (LFN) 2004.

5 Labour Act Cap L1, Laws of the Federation of Nigeria (LFN) 2004, Sections 3, 5,7,11,13,16 & 18, cover a list of relevant legal principles ensuring fair labour practices within the country.

6 Child Right Act (CRA) CAP L1, Laws of Federation of Nigeria (LFN) 2004.

7 Under section 29 of the Child Rights Act (CRA), the provisions of the Labour Act on Young Persons(Section 58, 59 , 60 , 61, 62 and 63) is adopted by the CRA.

8 Section 58 of the Labour Act.

9 Ibid.

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