The Court of Arbitration for Sport (CAS) ruled on a dispute between Al Merreikh Sport Club and the Sudan Football Association (SFA) concerning a match played on October 3, 2018, in the Sudan Premier League. Al Merreikh lost the match to Al Merreikh Al Fasher Sport Club but later alleged that Al Fasher had fielded an ineligible player, Hisham Suleiman, who was under automatic suspension due to accumulating three yellow cards. The complaint, filed by Al Merreikh’s football manager, Aiman Hassan Adar, was dismissed by the SFA’s Competition Organizing Committee and later upheld by the SFA Appeal Committee, citing procedural deficiencies such as lack of proper authorization and insufficient details in the complaint.
Al Merreikh appealed to CAS, arguing that the complaint was valid and should have resulted in a forfeit by Al Fasher, awarding Al Merreikh three points and the 2018 league title. The CAS panel, composed of Nicholas Stewart QC, Hendrik Willem Kesler, and Anna Bordiugova, addressed several legal and procedural issues. It confirmed CAS jurisdiction under Article 66.4 of the SFA Statutes, rejecting arguments that other SFA regulations could override this provision. The panel also clarified procedural matters, such as filing deadlines and the validity of electronic submissions, emphasizing that minor errors like incorrect addresses do not invalidate filings if the content matches the electronic version.
The panel denied a request by Al Hilal Club to intervene, finding no written agreement or evidence binding it to the arbitration. On the substantive issue, the panel ruled that Adar, as football manager, had implied authority to file the complaint on behalf of Al Merreikh, dismissing the SFA’s argument that express board authorization was required. The panel found the complaint valid and concluded that Suleiman’s participation was indeed ineligible, mandating a forfeit under league regulations. The SFA was ordered to rectify the 2018 league standings, declaring Al Merreikh the champion with 34 points and Al Hilal as runner-up.
The CAS decision highlighted the importance of adhering to procedural rules while ensuring fair outcomes in sports disputes. It underscored the authority of club officials to act on behalf of their organizations and reinforced CAS’s role in resolving such conflicts. The ruling required the SFA to implement the decision fully, granting Al Merreikh all associated benefits and recognition as the 2018 league champion. The case demonstrated the complexities of sports arbitration, including jurisdictional challenges, procedural adherence, and the balance between formal requirements and substantive justice.