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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...

Nigeria Football Federation election dispute

RESOLVING THE PERENNIAL DISPUTE WITHIN THE NIGERIA FOOTBALL FEDERATION ~ by Olubor Uyi ESQ. In the early hours of the day, news broke out that the Federal High Court holden at Abuja gave an order restraining the Nigerian Football Federation(NFF) from conducting elections into its executive council. In this article, I would try as much as possible not to comment on the meritocracy of the claimants demand neither am I going to question the validity of the ruling of the Federal High Court restraining the football federation. As it is trite law that during the pendency of an action, parties are to maintain status quo ante in order not to destroy the res. Thus, the Federal High Court was within its right when it made that ruling. However, my frustration stems from the fact that why is it that during every NFF election cycle we always have these litigations which then dovetails into the regime of every NFF EXCO. The result is always a constant 'bras de fer' between the NFF and the Fe...

THE LEGAL STATUS OF INTERNATIONAL VOLUNTEERS WHO HAVE VOLUNTEERED TO COMBAT IN THE UKRAINIAN WAR - CAN THEY ENJOY THE PRIVILEGES OF PRISONERS OF WAR (POW)?

THE LEGAL STATUS OF INTERNATIONAL VOLUNTEERS WHO HAVE VOLUNTEERED TO COMBAT IN THE UKRAINIAN WAR - CAN THEY ENJOY THE PRIVILEGES OF PRISONERS OF WAR (POW)? ~ by Olubor Uyi Esq. Since the commencement of the Russian invasion in Ukraine. We have witnessed a situation where parties to the conflict have called upon volunteers across the world to enlist in their respective armed forces to participate in the ongoing war. This demand has resulted in a situation where a lot of persons across the world are volunteering to participate in the war. Just last week, it was reported that about 150 able-bodied Nigerian youths approached the Ukrainian embassy with the aim of joining the Ukrainian army in the fight against the Russians. However, this demand from the parties has awoken another age long debate whether: 1. Volunteers of this nature, can they be designated as mercenaries? 2. If we accept that, they are mercenaries. Would they be entitled to the rights and privileges as set out under the Gen...

TUNISIA V MALI : ENSHRING PROFESSIONALISM IN AFRICAN FOOTBALL

Tunisia V MALI : ENSHRING PROFESSIONALISM IN AFRICAN FOOTBALL~ Olubor Uyi Esq. The African Cup of Nations began on the 9th of January 2015. Hitherto to the commencement of the soccer fiesta, the football world waited with bated breath in anticipation of what one of the biggest tournaments in the World produces. However, less than a week into the sporting carnival. Supporters of the beautiful game in Africa got the eggs on the face treatment during the highly anticipated clash between the National teams of Tunisia and Mali. The game was marred by many questionable decisions by the Referee. The straw that finally broke the Camel's back was when the Referee signalled the end of regulation time at the 86th minute. Although, they were claims that his time piece malfunctioned. Nevertheless, he made amendments by recalling the teams back to the pitch to continue the game. However, not less than three minutes later (that is, in the 89th minute), the man at the centre of the pitch again sig...

REFUSAL TO RELEASE ODION IGHALO- ONE DISRESPECT TOO MANY?

REFUSAL TO RELEASE ODION IGHALO- ONE DISRESPECT TOO MANY? ~ Olubor Uyi ESQ. Over the years, a major bone of contention has been the appropriate period to hold the African Cup of Nations (AFCON). Most football Eggheads have demanded that the AFCON be moved from the summer to the winter. Alas!!! The last AFCON held in Egypt, took place during the summer. However, this has proved unsustainable. Owing to the unfavorable weather condition in most African countries during the European summer calendar. Hence, the Confederation of African Football (CAF) reverted to holding the AFCON during the european winter calendar after it awarded the hosting rights to Cameroun. However, this decision taken by CAF has not gone down well with most marquee clubs across the globe. As it would mean, they would have to do without some of their key players who are of African decent during the duration of the tourney. The Super Eagles of Nigeria have been a major victim of this discontent. As it has seen in the p...