Posts

ANALYZING HOW THE COURT OF ARBITRATION FOR SPORTS MAY EXAMINE PAUL POGBA'S BAN

ANALYZING HOW THE COURT OF ARBITRATION FOR SPORTS MAY EXAMINE PAUL POGBA'S BAN ~Uyi Olubor Esq. On the 29th of February, French International and 2018 World cup winner, Paul Pogba was handed a four-year ban by the Italian Anti Doping Court having tested positive for synthetic testosterone. Although, the French International as come out to state that he is disappointed in the outcome of the findings, and he hopes to contest the said decision. The question that follows is what options are open to him? Well, for starters, he can appeal the said decision before the Court of Arbitration for Sports (CAS). Thus, the question that follows is what is the jurisprudence of CAS in respect of matters of these nature — that is to say, what nature of reasoning does CAS employ in deciphering or resolving subject matters of this nature (doping). To start with, I must first point out the fact that as of today we don't know the exact nature of drugs that Paul Pogba was accused of taking nor do we

UNDERSTANDING THE DECISION OF THE EUROPEAN COURT OF JUSTICE (ECJ) ON THE PROPOSED EUROPEAN SUPER LEAGUE

UNDERSTANDING THE DECISION OF THE EUROPEAN COURT OF JUSTICE (ECJ) ON THE PROPOSED EUROPEAN SUPER LEAGUE~ Emmanuel Uyi Olubor Esq.  The ECJ ruled on the issue of whether UEFA or FIFA rules restricting teams from constituting a separate league are anticompetitive and a breach of a dominant position.  Before I descend into the nitty-gritty of the decision of the ECJ, I would like to commence by establishing certain facts First, the decision is not binding in Britain as a result of BREXIT, thus British teams like Arsenal, Chelsea et al. Can't use this decision reached by the ECJ as a pretext to join the European Super League. Secondly, as against what was reported by most media outlets, the ECJ did not authorize the establishment of a European Soccer league, instead what played out was that the ECJ ruled on points of law on an issue that was sent to it by the commercial court in Spain which was hitherto instituted by the European Super League Company. The ECJ decided on whether UEFA an

BREAK DOWN OF THE JUDGEMENT OF THE PRESIDENTIAL ELECTORAL PETITION COURT(PEPC)~ E.U OLUBOR ESQ.

BREAK DOWN OF THE JUDGEMENT OF THE PRESIDENTIAL ELECTORAL PETITION COURT(PEPC)~ E.U OLUBOR ESQ. 1. Respondents failed to prove substantial non compliance with the electoral act: A.i The electoral act didn't make it mandatory for electronic transmission of results to a viewing portal A.ii only the guidelines makes provisions for that alongside manual transmission of results A.iii the statements of the INEC chairman and the guidelines cannot take preeminence over the electoral act A.iv the PEPC discountenanced the petitioners'  argument that failure to transmit to the I-rev invalidates the whole process B. The PEPC found that the petitioner's failed to prove electoral malpractices having failed to provide result sheets from the contested polling units. According to  her  Lordship Bolaji Yusuf, the petitioner needed not solely rely on INEC to present them a certified copy of the result, it would have sufficed if the petitioners have presented signed result sheets given to thei

Analysing CAS decision on the prortionality of the FIFA Football Agents Regulation

Analysing CAS decision on the prortionality of the FIFA Football Agents Regulation~E.U Olubor Esq. The subject of this dispute bother on the fundamental question, whether FIFA can extend its regulatory powers beyond the task of governing the sport of football itself and cover peripheral economic activities, particularly the market of football agent service which it did with the establishment of the FFAR The Panel in reviewing Article 15(2) of the FFAR which imposes a service fee cap on service charges to be paid to football agents. The panel in assessing its compatibility with article 101TFEU. The panel concurs with the position of PROFAA that FIFA is an association of undertakings which holds a dominant market position within the definition of article 101& 102 of the TFEU respectively and also relying on the decision in Piau where the EU General Court specifically confirmed that FIFA holds a “collective dominant” position under Article 102 TFEU in the relevant market of football a

ANALYSANT L'AFFAIRE M. YVES JEAN BART ET LA QUALITE DES PREUVES POUR ARRIVER À UNE Decision COUPABLE DANS LA JURISPRUDENCE DU TAS

ANALYSANT L'AFFAIRE M. YVES JEAN BART ET LA QUALITE DES PREUVES POUR ARRIVER À UNE Decision COUPABLE DANS LA JURISPRUDENCE DU TAS~ Olubor Uyi Maitre. M. Yves Jean-Bart ( l’Appelant) est le Présidentde la Fédération Haïtienne de Football ( la FHF) depuis 2000. En outre, M. Jean-Bart a été membre de la Commission du Football Féminin et de la Coupe du Monde Fémininede la FIFA de 2002 à 2005 membre de la Commission des Associations de la FIFA  entre de 2005 à 2012. Suivants une vidéo emis par M. Romain Molina sur sa chaine youtube. Le 30 Avril, Le journal <the Guardian> a publié un article indiquant que M. Jean-Bart a contraint plusieurs joueuses du Centre Technique National de la Croix-des-Bouquets (le Camp Nou) à avoir des rapports sexuels avec lui. Le 25, Mai 2020, la Présidente de la Chambre d’Instruction de la Commission d’Éthique de la FIFA a prononcé une sanction provisoire de 90 jours à l’encontre de M. Jean-Bart, le suspendant de toute activité (administrative, sportive

GUNNARSDÓTTIR v OLYMPIC LYONNAIS: An AFFIRMATION BY FIFA ON THE MATERNITY RIGHTS OF FEMALE FOOTBALLERS

GUNNARSDÓTTIR v OLYMPIC LYONNAIS: An AFFIRMATION BY FIFA ON THE MATERNITY RIGHTS OF FEMALE FOOTBALLERS.~Uyi Olubor Esq. The new edition of the FIFA Regulation on Status and Transfer of Players (RSTP)came with numerous innovations. One of those innovations is the enthronement of Maternity rights for Female Footballers. To the extent that, football clubs are forbidden from making the validity of a player's contract subject to a player being or becoming pregnant during its term. These new provisions were recently tested in the dispute between Sarah Bjork Gunnarsdóttir v Olympique Lyonnais at the FIFA Dispute Resolution Chambers (DRC). The dispute arose after a Player who just became pregnant agreed with her club, to leave her base in France and return to her home country in Iceland for the duration of her pregnancy. The club immediately, filed for the social security allowance on behalf of the player amounting to EUR 45.99 per day. The player then inquired as to the reasons why her sa

ADVOCATE GENERAL (AG) OF THE EUROPEAN COURT OF JUSTICE GIVES HIS OPINION ON THE PROPOSED EUROPEAN SUPER LEAGUE

ADVOCATE GENERAL (AG) OF THE EUROPEAN COURT OF JUSTICE GIVES HIS OPINION ON THE PROPOSED EUROPEAN SUPER LEAGUE~ UYI OLUBOR ESQ. Aspirations by the remaining teams (i.e. Real Madrid, Barcelona and Juventus) still championing the advocacy for the formation of a European Super League suffered a significant blow today as the Advocate General of the European Court of Justice (ECJ) gave an opinion favouring FIFA and UEFA against the establishment of a European Super League Company. Note: that the ECJ is not bound by the Opinion of the AG. However, his opinions can be very persuasive as they aid as a stepping stone in their deliberation in reaching a final decision. If you can remember, this case was instituted by the ESLC against FIFA and UEFA before the Juzgado de lo mercantil de Madrid (Commercial Court of Madrid) after the former accused the latter of anticompetitive behaviour which it claimed they committed by threatening clubs who wished to join the competition. The court in Madrid, hav