Former CAF Vice President Kwesi Nyantakyi: CAF Appeals Board decision to award Morocco AFCON title is a ‘dangerous precedent’

We woke up this morning to the publication of a decision of the CAF Appeal Board on the case between Maroc & Senegal. The decision provoked varied commentaries and raised eye brows across the continent.

The decision is a dangerous precedent on the adjudication of disputes in association football and can be faulted on 3 grounds: (I) a misconception, a misinterpretation & a misapplication of art 82 & 83 of the CAF disciplinary code; (ii) an assault on law 5 of the laws of the game; & an attack on integrity of the game.

(I) Arts 82 & 83 of the CAF disciplinary code requires teams, players & officials to conduct themselves in a manner that upholds ethics, integrity and sportsmanship. Punishment is meted to those whose conduct brings the game of football into disrepute. These are general provisions of the CAF disciplinary which will apply in situations only where there are no specific provisions. Articles 88-106 lays down elaborate acts of misconduct and the corresponding or applicable sanctions including forfeiture of matches, stadium ban, deduction of points etc etc. Why did the CAF Appeals Board find solace in the general rules, (which were inapplicable in the instant case) as opposed to the specific rules? (which cannot also be relied on to sanction Senegal).

Please recall that due to high intensity and several acts of provocation during the game, it is normal for players to protest decisions of match officials or stage temporary walkouts during a game. This has happened many times even in our local league matches. That’s no serious offense.

It becomes offensive and an infringement of the rules of the game when one team causes or contributes to the abrupt end of a game through a walkout and doesn’t return to end the game. Such conduct may be punished with a forfeiture of a match, and/or a deduction of points together with a fine, and other consequential sanctions

During the match Maroc v Senegal, although there was a temporary holdup and/or walkout, the players returned to complete the match. Individual misconducts may be identified and punished.

The instant decision of the CAF Appeal Board is a high handed misapplication of the rules. A dangerous precedent that must be condemned by all well meaning followers of football.

After every game, the rules require a referee to write a report and make a determination as to whether the match ended or not subject however to stated misconducts.

The circumstances for application of arts 82 & 83 were clearly non-existent in the case under review. By this decision, the CAF Appeal Board has brought unto CAF, untold & unnecessary public ignominy, opprobrium and contempt.

(Ii) Law 5 of the laws of the game constitutes the position/office of a match referee into the arbiter/judge of facts as far as the match is concerned. Such factual decisions on conduct of the game are usually not subject to appeal. That is why in most matches referees’ decisions on fouls, offsides, goals, time played, time added, etc are not contested or reversed after the game. It was apparent to all that the match between Maroc & Senegal was duly brought to an end by the match referee from Congo Mr. Jean-Jacques Ndala. Any contrary findings by the CAF Appeal Board has no basis in the laws of the games.

(Iii) Integrity of the game

The decision to reverse the outcome of the match between Maroc & Senegal is an assault on the integrity of the game. Apart of CAF, & the 2 teams, the public is a key stakeholder of the sport of football, that’s why football games are played in the open and telecast widely to the whole world. Without a reasonable and justifiable basis, CAF would not be taken seriously by the public if board room maneuverings can be implored to tinker with outcomes of games publicly played.

Serious credibility issues will be raised when football officialdom in Africa can operate like a Kangaroo court where obscure, inexplicable and controversial decisions can replace fair and transparent decisions taken in broad day light by referees. Sponsors will begin to re-consider decisions to associate with a system where integrity of decisions can be compromised with impunity

This article is written by Former CAF Vice President former FIFA Council Member