The case involves a dispute between Maranatha Football Club de Fiokpo (Maranatha FC) and the Togolese Football Federation (FTF) over allegations that the club fielded a player, Oblite Mensah, under a false identity during the 2008/2009 Togolese First Division championship. The controversy began when Gomido FC raised concerns about Mensah's eligibility, claiming his license was obtained irregularly. Investigations revealed Mensah had previously played in Ghana under a different name and birthdate, suggesting identity fraud. The FTF's Qualification and Homologation Commission (CQH) initially ruled against Maranatha, imposing penalties such as match forfeitures and suspensions. Maranatha appealed, leading the FTF's Appeals Commission (CR) to annul the CQH's decision due to jurisdictional issues. The case was then referred to the FTF's Disciplinary Commission (CD), which found Mensah guilty of falsifying documents but exonerated Maranatha, citing lack of knowledge of the fraud, though the club's secretary-general was reprimanded for negligence.
The FTF's Executive Bureau later intervened, annulling previous rulings by the CQH and CR but upholding Mensah's suspension and imposing a six-month suspension on the secretary-general for complicity. Maranatha appealed this decision to the Court of Arbitration for Sport (CAS), arguing the Executive Bureau overstepped its authority. The CAS ruled that the Executive Bureau lacked the power to overturn decisions made by the FTF's judicial bodies, as such authority was reserved for the CD and CR under the FTF's statutes. The CAS also highlighted procedural irregularities, noting the meeting minutes lacked essential details like convocation dates and attendance, making it impossible to verify the decision's validity. Additionally, the CAS found that Maranatha's right to be heard was violated, as key members, including the First Vice President (also Maranatha's president), were excluded due to alleged conflicts of interest without proper justification.
The CAS ultimately annulled the Executive Bureau's decision, reinstating Maranatha's points and correcting the final standings of the 2008/2009 championship. The ruling emphasized the importance of procedural correctness and jurisdictional boundaries within sports governance, underscoring the need for federations to adhere to their own regulations and ensure fair disciplinary processes. The case also highlighted the challenges of addressing fraudulent player documentation and the necessity of clear, enforceable rules to prevent similar disputes. The CAS dismissed the FTF's counterclaim due to procedural non-compliance and upheld Maranatha's appeal, reinforcing the principle that sports federations must operate within their defined legal frameworks to maintain transparency and fairness.