The Court of Arbitration for Sport (CAS) issued a ruling on October 10, 2022, in the case between Seidou Mbombo Njoya and the Confederation of African Football (CAF), addressing Njoya's eligibility for the CAF Executive Committee elections scheduled for March 12, 2021. The dispute centered on decisions by CAF's Governance Commission, which declared Njoya ineligible on January 29 and February 12, 2021, citing a prior CAS ruling that invalidated elections of the Cameroonian Football Federation (FECAFOOT). Njoya, represented by legal counsel, appealed to CAS, arguing that the Governance Commission lacked decision-making authority and violated his procedural rights, including the right to be heard.
The CAS panel, composed of Alain Zahlan de Cayetti, Nicolas Cottier, and Petros Mavroidis, examined jurisdictional and procedural issues. It affirmed the principle of "competence-competence," allowing arbitral tribunals to rule on their own jurisdiction. The panel determined that the appeal was timely, as the contested decision became final on February 12, 2021, and Njoya filed his appeal within the permissible timeframe. The panel rejected CAF's argument that the Governance Commission had independent decision-making power, clarifying that its role was recommendatory unless explicitly delegated by the Executive Committee.
On procedural grounds, the panel found that the Governance Commission violated Njoya's right to be heard by canceling a scheduled hearing and failing to adequately consider his written submissions. However, it noted that the appeal process before CAS remedied this violation by allowing a de novo review. The panel also addressed the impact of the FECAFOOT arbitration award, which nullified certain elections but upheld the principle of service continuity, ensuring FECAFOOT's interim bodies could continue routine operations, including submitting candidates for CAF elections. The panel concluded that Njoya's candidacy, based on personal merits and submitted before the FECAFOOT award, remained valid.
Ultimately, the CAS ruled in favor of Njoya, declaring the Governance Commission's decisions unfounded and affirming his eligibility for the CAF Executive Committee elections. The panel rejected all other claims and imposed arbitration costs on CAF, emphasizing the importance of procedural fairness and the continuity of administrative functions in sports governance. The decision underscores the balance between organizational discretion and fundamental procedural rights in international sports disputes.