The Court of Arbitration for Sport (CAS) issued a ruling on August 24, 2017, in a dispute between the Equatorial Guinea Football Federation (FEGUIFUT) and the Confederation of African Football (CAF), along with the Malian Football Federation (FMF). The case centered on FEGUIFUT's registration of a player, Camila do Carmo Nobre de Oliveira, with inconsistent identity details during the 2016 Women’s Africa Cup of Nations (WAFCON) qualifiers. FIFA had previously sanctioned FEGUIFUT for using forged documents related to the player, resulting in their expulsion from the 2020 Women’s Olympic Football Tournament and a ten-match suspension for the player. CAF launched an investigation after being alerted by FMF about FIFA’s findings, revealing that FEGUIFUT had registered the player under different names and birthdates in 2014 and 2016. FEGUIFUT attributed the discrepancies to administrative errors by Equatorial Guinean authorities, which they claimed were later corrected. However, CAF’s disciplinary body found FEGUIFUT guilty of failing to properly update the player’s registration and disqualified Equatorial Guinea from the 2016 WAFCON, imposing an additional two-tournament suspension (2018 and 2020). FEGUIFUT appealed, but CAF’s Appeal Committee upheld the sanctions.
The CAS panel, composed of Michele Bernasconi, Carlos del Campo Colás, and Stavros Brekoulakis, examined the case under Swiss law and CAF regulations. Key legal considerations included the standard of proof for disciplinary violations, defined as "comfortable satisfaction," which lies between civil and criminal standards. The panel also assessed whether FEGUIFUT acted fraudulently, noting that under Swiss law, fraud requires intentional deception for unlawful gain, not mere negligence. The panel concluded that while FEGUIFUT violated specific CAF regulations by registering inconsistent player information, the violations of general principles (such as integrity) were subsumed within the specific infringement. Thus, no additional sanctions were warranted. The CAS upheld the disqualification from the 2016 WAFCON but annulled the two-tournament suspension, deeming it disproportionate. The decision emphasized the importance of proper player registration and adherence to sporting regulations while ensuring sanctions remain fair and justified.
FEGUIFUT argued that CAF’s disciplinary proceedings were flawed, claiming the 2016 WAFCON regulations were unpublished at the time of the decision, leaving them unaware of the rules. They also denied fraudulent intent, attributing the errors to administrative mistakes. CAF countered that FEGUIFUT knowingly registered the player under different identities, violating competition integrity. The panel rejected FEGUIFUT’s procedural claims, noting the regulations were in force before the decision and that FEGUIFUT had not demonstrated defenselessness. On the merits, the panel found no evidence of wilful intent to deceive, ruling that FEGUIFUT’s actions did not constitute fraud under CAF regulations. However, the panel upheld sanctions for administrative errors under Article 45 of the Competition Regulations, maintaining FEGUIFUT’s exclusion from WAFCON 2016 and suspending them from WAFCON 2018, but lifting the 2020 suspension. The panel also dismissed FEGUIFUT’s request for the return of a $3,000 deposit, as the appeal was only partially successful.
The case highlights the complexities of player registration disputes and the balance between enforcing regulations and ensuring proportionate sanctions. The CAS ruling underscored the need for administrative diligence in player registration while clarifying the legal standards for proving fraud in sports governance. The decision reaffirmed the importance of integrity in football but also recognized the distinction between unintentional errors and deliberate misconduct.