In the case of the final of the African Cup of Nations played last January between Morocco and Senegal, the Court of Arbitration for Sport (CAS) heard the arguments of all parties on Thursday. At the heart of the debates: the contestation of the decision of the Appeal Jury of the Confederation of African Football (CAF), which awarded the CAN 2025 title to Morocco on the green carpet (3-0) following the temporary departure of the Senegalese players from the pitch during the final on January 18, won in overtime by the Terranga Lions.
And now, for specialists, the heart of the legal analysis lies in a fundamental procedural question: will the CAS directly rule on the award of victory, or will its primary role consist of judging the admissibility and legality of the decision rendered by the appeal chamber of the Confederation of African Football (CAF)?
For Me Renaud Duchêne, lawyer specializing in sports law interviewed by the Moroccan media Le360, the CAS will primarily look at the decision resulting from the CAF Appeal Jury. To the question “does the Tribunal have the power to directly sanction one of the two countries, or are its prerogatives more restricted?” », the specialist replies:
“Indirectly, yes, but above all it will validate or invalidate the decision of the CAF Appeal Jury. »
Was the appeal admissible?
Because according to him, the CAS “is not intended to reassess the sporting result of the match as such. He will have to determine whether the decision leading to the designation of the forfeit winner is valid with regard to the regulations in force. » And this despite the arguments of both parties.
Morocco “can clearly advance the incidents which punctuated the meeting and their regulatory application, which led to the CAF decision”he estimated, adding about the Senegalese camp: “ they can argue that the referee did not notice the fact that the players had left the field and consider, somewhere, that the referee remains the master of the game, having all authority over the match and… its final result. » According to him, the Senegalese side could
“therefore, rely on the fact that the match has reached its conclusion and that it has, in a certain way, been validated by the referee”.
But for the CAS, the essential is undoubtedly elsewhere, more precisely in the appeal lodged by the Moroccan camp with the CAF and which led to the decision of the appeal jury. “The panel will also have to check whether the procedures were followed. For example: was the FRMF appeal filed on time? Was the appeal filed as required? »insisted the lawyer.
