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2021 Football Governance Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant: Al Merreikh Sport Club
Appellant Representative: Adam Abdallah Adam
Respondent Representative: Ghada Mubarak Ibrahim

Arbitrators

President: Jacques Radoux

Decision Information

Decision Date: June 10, 2022

Case Summary

The case involves a dispute between Al-Merrikh Sports Club and the Sudan Football Association (SFA) over the governance and electoral legitimacy of the club's Board of Directors. The conflict arose when the SFA intervened in the club's internal affairs, citing the expiration of the executive body's mandate and appointing a Tripartite Committee to oversee governance in October 2020. The club contested this intervention, arguing it violated their autonomy, and sought FIFA's mediation. Despite FIFA's advice against imposing a normalization committee, the SFA proceeded, leading to further tensions.

Key events included competing General Assemblies held on September 4, 2021, where two separate boards were elected—one led by Mr. Adam Abdallah Adam and another by Mr. Hazim Mustafa Mohamed Ibrahim, supervised by the SFA's Tripartite Committee. The SFA recognized the latter board, prompting the club to appeal to the Court of Arbitration for Sport (CAS). The CAS panel examined jurisdictional and procedural issues, confirming its authority to hear the case under the SFA Statutes and Swiss Private International Law Act. The panel emphasized the importance of adhering to statutory election procedures, particularly the independence of electoral committees, as mandated by the club's statutes and Article 17 of the SFA Statutes.

The CAS found that the Electoral Committee overseeing the September 2021 election was improperly appointed by the Tripartite Committee, not elected by the General Assembly, violating the club's statutes. Consequently, the panel ruled the election illegitimate and annulled the SFA's decision recognizing the resulting board. However, the panel declined to address the legitimacy of the alternative board elected under Mr. Adam Abdallah Adam, as it fell outside the scope of the appealed decision. The ruling underscored the necessity of respecting internal governance mechanisms and statutory compliance in sports organizations. The final award, issued on June 10, 2022, partially upheld the club's appeal, annulled the SFA's decision, and dismissed additional claims, concluding the legal dispute while reinforcing the principles of autonomy and procedural fairness in sports governance.

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