The case involves Mamadou Antonio Souaré, President of the Guinean Football Federation (FEGUIFOOT), who appealed against a decision by the Confederation of African Football (CAF) declaring him ineligible to run for a seat on CAF’s Executive Committee during the 2021 elections. The Court of Arbitration for Sport (CAS) issued its ruling on October 10, 2022, following a dispute centered on whether the CAF Governance Commission’s actions constituted a binding decision or merely a recommendation. The arbitral panel emphasized that a "decision" must be a firm, precise act with legal effects, distinguishing it from non-binding declarations like opinions or recommendations. The Governance Commission initially reviewed Souaré’s candidacy as formally admissible but later declared him ineligible, citing incomplete documentation and irregularities, particularly concerning his withdrawal from a company, Guinée Games Plus S.A.
Souaré argued that the Governance Commission lacked jurisdictional authority and violated his right to be heard, a fundamental procedural guarantee. The CAS examined whether this right was violated, noting that while the Commission initially scheduled a hearing, its cancellation deprived Souaré of a chance to address concerns directly. However, the CAS’s appellate role mitigated this violation by allowing Souaré to present his case anew. The case also highlighted tensions between institutional governance bodies and individual candidates, with Souaré maintaining that his documentation was sufficient and the Commission overstepped its authority. CAF defended its decision, asserting the Commission acted within its statutory powers and procedural guarantees were respected.
The CAS assessed the nature of the Governance Commission’s powers, clarifying that its authority was limited to recommendations unless the Executive Committee delegated decision-making power. The panel underscored that procedural flaws, such as denying a hearing, could be remedied through comprehensive appellate review. On substantive grounds, the CAS found the Commission’s reasoning flawed, as Souaré had provided legal documents proving he severed ties with Guinée Games in 2016, yet the Commission failed to specify what was lacking. The CAS also noted CAF’s failure to consult FIFA regarding prior investigations into Souaré’s activities, despite a 2016 FIFA inquiry concluding favorably for him.
Ultimately, the CAS annulled the Governance Commission’s decisions of January 29 and February 12, 2021, declaring Souaré eligible for the CAF Executive Committee election. The ruling underscored the importance of procedural fairness and sufficient evidentiary support in administrative decisions, ensuring Souaré’s right to participate in the election. The decision highlights the necessity for transparency and proper justification in governance decisions within sports organizations, reaffirming the importance of fairness and due process in administrative and judicial proceedings. The CAS dismissed all other claims and upheld Souaré’s eligibility, marking a significant outcome for sports governance and individual rights.