Category Archives: Arbitration

NFF Ethics Committee bans, fines Salisu Yusuf

The NFF Committee on Ethics and Fair Play has placed a one –year ban from all football–related activities on Super Eagles’ Chief Coach, Mr. Salisu Yusuf, following its consideration of a complaint by the NFF as well as the Coach’s defence of a video documentary in which he was seen to accept the sum of $1,000 from an undercover reporter posing as a player’s agent. The coach must also pay a fine in the sum of $5,000 to the Federation within three months.

In its report submitted to the NFF Secretariat on Tuesday, days after inviting the coach to state his own side of matters, the Committee, chaired by Mallam Nuhu Ribadu, said it:

1) Established from the admission of Coach Salisu Yusuf and also found as a fact from the documentary and video evidence before it, that he accepted the cash gift of $1,000 offered by Tigers Player’s Agency, an undercover reporter, purportedly interested in acting on behalf of Players Osas Okoro and Rabiu Ali, for their inclusion in the list of players for 2018 CHAN Competition in Morocco.

2) The Committee found as a fact that it was not an error of judgment on the part of Coach Salisu Yusuf but a conscious and deliberate decision to have accepted the cash gift of $1,000 from the decoy player agent/undercover reporter, purportedly interested in acting on behalf of Players Osas Okoro and Rabiu Ali, even though the evidence before the Committee did not establish that his conduct influenced the choice of the two players.

3) That the two Players could have made the team to 2018 CHAN Competition in Morocco on the basis of their talent and performance.

4) That Coach Salisu Yusuf did not accept the offer of 15% of the anticipated transfer fees of the said players, as there was no follow –up action on the promise.

5) That the act of the Coach, which was widely published on the British Broadcasting Corporation, has a damaging effect on the reputation and integrity of Nigerian Football, as he ought to have conducted himself more professionally in line with the Code of Conduct signed alongside his Contract with the Nigeria Football Federation, as his conduct in public and in secret should be exemplary, since coaches are role models.

6) That the FIFA Code of Ethics, NFF Code of Ethics and FIFA Disciplinary Code, did not contemplate negligence or error of judgment as a defence to violation of any of the provisions as contained therein, as punitive measures must be adopted to serve as deterrent to other intending offenders, even though, that he is a first time offender.

Committee’s decision: “In accordance with Art. 22, FIFA Disciplinary Code, he is hereby banned for the period of one year, from partaking or involvement or participation in any football related activity, effective from the date of this decision. He is also fined in the sum of $5,000 to be paid within three (3) months of the date of this decision…” The Committee also ruled that an appeal against the decision can be made to the NFF Appeals Committee.

With Alhaji Mainasara Illo (Member), Reverend Justin Chidi Okoroji (Member) and Barr. Joshua Onoja (Secretary) also present, the Committee said it passed its verdict of guilt on the defendant based on Art. 20, as well as Art. 21 (1) and 21 (3) of the NFF Code of Ethics. It also made reference to Art. 10 and 11 of the FIFA Code of Ethics.

Art. 20: “Persons bound by this Code may only offer or accept gifts or other benefits to and from persons within or outside NFF, or in conjunction with intermediaries or related parties as defined in this Code, which i) have symbolic or trivial value ii) exclude any influence for the execution or omission of an act that is related to their official activities or falls within their discretion iii) are not contrary to their duties iv) did not create any undue pecuniary or other advantage and v) did not create a conflict of interest.

Art 21 (1): “Persons bound by this Code must not offer, promise, give or accept any personal or undue pecuniary advantage or other advantage in order to obtain or retain business or any other improper advantage to or from anyone within or outside NFF. Such acts are prohibited; regardless of whether carried out directly or indirectly through, or in conjunction with, intermediaries or related parties as defined in this Code. In particular, persons bound by this Code must not offer, promise, give or accept any undue pecuniary or other advance for the execution or omission of an act that is related to their official activities and is contrary to their duties or falls within their discretion. Any such offer must be reported to the Ethics Committee and any failure to do so shall be sanctionable in accordance with this Code.”

Technical Adviser of the Nigeria Professional Football League, NPFL All-Stars
Salisu Yusuf
photo credit: LMC

Art. 21 (3): “Persons bound by this Code must refrain from any activity or behaviour that might give rise to the appearance or suspicion of improper conduct as described in the foregoing sections, or any attempt thereof.”

Before the Committee’s sitting, the NFF Integrity Unit headed by Dr. Christian Emeruwa, which commenced preliminary investigation when the documentary was first made public, had already submitted a report to the NFF General Secretary based on its work.

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NEW MEMBERS APPOINTED INTO COURT OF ARBITRATION FOR SPORT (CAS) GOVERNING BODY

The International Council of Arbitration for Sport (ICAS) acknowledges the appointment of
the first eleven council members for its next four-year term which will begin on 1 January 2019.
ICAS is the governing body of the Court of Arbitration for Sport (CAS) and manages its administration and finances.

It is composed of twenty international judges or lawyers active in the judiciary, international arbitration and sports administration.

Four members are appointed by the International Olympic Committee (IOC), four by the Association of National
Olympic Committee (ANOC), three by the Association of the Summer Olympic International Federations (ASOIF) and one by the Association of International Olympic Winter Federations (AIOWF). These 12 members will then appoint the remaining 8 ICAS members in November 2018. The elections for the positions of ICAS President, Vice-Presidents, and Division Presidents and their deputies will be held in May/June 2019.

The 11 ICAS members who have been now appointed or re-appointed for the 2019-2022 term are:

By the IOC (all chosen from outside the IOC membership):

Justice Yvonne Mokgoro (South Africa), former judge of the Constitutional Court of South Africa
Judge Patrick Robinson (Jamaica), new, judge at the International Court of Justice in The Hague
Dr Elisabeth Steiner (Austria), new, attorney at law, former judge at the European Court of Human Rights
Judge Hanqin Xue (China), judge at the International Court of Justice in The Hague

By ANOC:
Dr Abdullah Al Hayyan (Kuwait), professor of law (chosen from outside the ANOC membership)
Mr Scott Blackmun (USA), lawyer, former CEO United States Olympic Committee (chosen from outside the ANOC
membership)
Mr John Coates (Australia), lawyer, President Australian Olympic Committee (chosen from within the ANOC
membership)
Prof. Giulio Napolitano (Italy), new, attorney at law (chosen from outside the ANOC membership)

By ASOIF:

Mr Antonio Arimany (Spain), new, lawyer, Secretary General International Triathlon Union (chosen from within
the ASOIF membership)
Mr Mikael Rentsch (Switzerland/Sweden), new, legal director Fédération Equestre Internationale (chosen from
within the ASOIF membership)
A third member will be appointed in the next weeks.

By AIOWF:
Ms Corinne Schmidhauser (Switzerland), lawyer, former World Cup winner and Olympian in alpine skiing (chosen
from outside the AIOWF membership)

The CAS is an independent institution, based in Lausanne, involved in resolving legal disputes in the field of sport through arbitration and mediation. The CAS jurisdiction is recognized by all Olympic sports federations and many nonOlympic
federations. The CAS registers around 600 cases each year.

COE REITERATES REASONS FOR NEW ELIGIBILITY REGULATIONS FOR FEMALE CLASSIFICATIONS…,

COE REITERATES REASONS FOR NEW ELIGIBILITY REGULATIONS FOR FEMALE CLASSIFICATIONS (DSD) IN MEETING WITH ATHLETICS SOUTH AFRICA PRESIDENT

At a meeting on Tuesday (26) in London between the IAAF and Athletics South Africa (ASA), both organisations discussed their positions on the IAAF’s new Eligibility Regulations for Female Classification (athletes with differences of sexual development) (DSD).

President of Athletics South Africa Aleck Skhosana stressed that the Federation and the South African Department of Sport & Recreation and SASCOC had a duty to protect all athletes, including female athletes who may fall foul of these new regulations.

Commenting on the regulations, Skhosana said: “While we have been talking to the IAAF since 10 May 2018, we would have preferred more consultation in the development of these regulations. We will support our athletes on the grounds that the regulations discriminate against certain female athletes on the basis of natural physical characteristics and/or sex.”

IAAF President Sebastian Coe made it clear that no individual athlete has been targeted in the creation of the regulations and explained that the international federation for athletics and its member federations needed to ensure its sport is as inclusive as possible, but that there is also a responsibility to ensure fair and meaningful competition for all of our athletes to reward them for the huge commitment and sacrifice required to excel in the sport, and to inspire new generations to join the sport and aspire to the same excellence.

IAAF President Sebastian Coe
(Photo by Christian Hofer/Getty Images for IAAF)

“To do this we need to create competition categories within our sport that ensures that success is determined by talent, dedication and hard work, rather than by other factors that are not considered fair or meaningful, such as the enormous physical advantages that an adult has over a child, or a male athlete has over a female athlete,” said Coe.

“We therefore need to come up with a fair solution for intersex/DSD athletes wishing to compete in the female category which is what the new regulations set out to do, based on the evidence the IAAF has gathered about the degree of performance benefit that such intersex/DSD athletes get from their higher levels of circulating testosterone,” added Coe.

The meeting was cordial with both organisations agreeing that the Court of Arbitration for Sport (CAS) was the right body to arbitrate this matter and its final decision will be respected by both organisations.

IAAF

SRI LANKA CAPTAIN, COACH AND MANAGER ADMIT TO BREACHING LEVEL 3 OFFENCE

Sri Lanka captain Dinesh Chandimal, coach Chandika Hathurusinghe and manager Asanka Gurusinha have admitted to breaching Article 2.3.1, a Level 3 offence, which relates to “conduct that is contrary to the spirit of the game”.

Following their admission, the ICC, in accordance with Article 5.2 of the ICC Code of Conduct, has appointed The Hon Michael Beloff QC as the Judicial Commissioner to hear the case to determine the appropriate sanction.

Mr Beloff has also been appointed as the Judicial Commissioner to hear Mr Chandimal’s appeal against the match referee’s decision for changing the condition of the ball and, as per Article 5.2.3, will use Friday’s hearing in that appeal to hold a preliminary hearing to establish the procedural schedule on the Level 3 charges.

The three were charged by the ICC Chief Executive David Richardson on Tuesday for their involvement in the Sri Lanka cricket team’s refusal to take to the field in St Lucia at the start of Saturday’s play, which caused a two-hour delay in the start of play.

This action was alleged to amount to a serious breach of the Laws of Cricket and to be contrary to the spirit of the game.

All Level 3 breaches carry an imposition of between four and eight suspension points.

IAAF RESPONDS TO CAS ARBITRATION OF NEW FEMALE CLASSIFICATION REGULATIONS

The Court of Arbitration for Sport has informed the IAAF this morning (19 June 2018) that it has received a request for arbitration filed by Caster Semenya vs/ IAAF. We await further information and stand ready to defend the new regulations which were introduced to address the following issue in Athletics:

Caster Semenya
By Tab59 from Düsseldorf, Allemagne [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)%5D, via Wikimedia Commons

Sex differences in physical attributes such as muscle size and strength and circulating haemoglobin levels give male athletes an insurmountable competitive advantage over female athletes in sports where size, strength and power matter. These advantages (which translate, in athletics, to an average 10-12% performance difference across all disciplines) make competition between men and women as meaningless and unfair as an adult competing against a child or a heavyweight boxer competing against a flyweight. Only men would qualify for elite-level competition; the best female athlete would not come close to qualifying.

The evidence gathered by the experts consulted by the IAAF (both peer-reviewed research and observational data from the field) suggests that having levels of circulating testosterone in the normal male range rather than in the normal female range, and being androgen-sensitive gives a female DSD athlete a performance advantage of at least 5-6% over a female athlete with testosterone levels in the normal female range (which is an enormous difference in events where milliseconds count). The effects are most clearly seen in races over distances between 400m and one mile, where the combination of increased lean body mass and elevated circulating haemoglobin appears to have the greatest combined impact.

IAAF

CASTER SEMENYA CHALLENGES THE IAAF ELIGIBILITY REGULATIONS FOR FEMALE CLASSIFICATION AT THE COURT OF ARBITRATION FOR SPORT (CAS)

The Court of Arbitration for Sport (CAS) has registered a request for
arbitration filed by Caster Semenya against the International Association of Athletics Federations
(IAAF) against the “IAAF Eligibility Regulations for Female Classification (Athletes with Differences
of Sex Development)” that are due to come into effect on 1 November 2018.

Caster Semenya seeks a ruling from CAS to declare such regulations unlawful and to prevent them
from being brought into force.

Caster Semenya
By Tab59 from Düsseldorf, Allemagne [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)%5D, via Wikimedia Commons

An arbitration procedure has been opened.

The parties will exchange written submissions and the Panel, once appointed, will issue directions with
respect to the holding of a hearing and, at a later date, issue a final decision (Arbitral Award).

FEI Tribunal issues Final Decision In Victoria Goñi’s Ergonovine Case

The FEI Tribunal has issued its Final Decision in a case involving Ergonovine, a *Banned Substance under the FEI’s Equine Anti-Doping and Controlled Medication Regulations (EADCMRs).

Uruguayan Endurance athlete Victoria Goñi (FEI ID 10042167) has been suspended for two years following the adverse analytical finding in samples taken from the horse El Mate (FEI ID 104XI43/URU) at the CEI2* 120 in Trinidad (URU) on 4 February 2017.

The athlete has been provisionally suspended since 5 April 2017, the date of notification of the positive result and, following the Final Decision, the period of ineligibility will run through to 4 April 2019.

The athlete has also been fined 3,000 CHF and will contribute 1,500 CHF towards the cost of the judicial procedure.

The Decision can be appealed before the Court of Arbitration for Sport within 21 days from the date the decision was rendered/notified (7 June 2017).

The full text of the FEI Tribunal’s Final Decision on this case can be viewed here.