Legal Experts Explain Why CAF’s Decision to Strip Senegal of AFCON Title Will Be Overturned

Senegal will all but retain their 2025 Africa Cup of Nations title and medals according to legal experts well versed with football litigation matters.

The Teranga Lions were the victims of an unprecedented decision from the Confederation of African Football (CAF) Appeals Board which stripped them of the title and awarded it to Morocco for breaching Article 82 of the CAF Regulations after their players staged a walk-off during the final in January.

The CAF Appeal Board made the ruling on Tuesday, eliciting mixed reactions, while rekindling memories of January 18 when the Senegal players walked off the pitch in protest of a late penalty awarded to Morocco during the final before later resuming play only for Brahim Diaz to miss his spot kick, taking the game in extra time where the Teranga Lions won 1-0.

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Senegal have since confirmed that they will appeal the ruling at the Court of Arbitration for Sport (CAS) and according to CAS arbitrator Raymond Hack, they have a strong case.

“No; not at all, because the referee is the final decision on the game and when he blows the whistle for the end of the game, that's when the game ends,” Hack told ESPN on why the CAF Appeal Board is wrong.

"Yes, the team did go off, but they did come back on - and so did Morocco. When Morocco came on, nobody said: 'We're playing extra time under protest' or anything. They played the 30 minutes - the 15 each way. Had they said: 'We're playing the extra time under protest,' maybe they would have had something."

Hack, who has previously served as South African Football Association CEO and a FIFA Disciplinary Committee member, says the CAF Appeals Board did not apply Article 84 correctly when nullifying Senegal’s win and handing the trophy to Morocco as it cannot be applied when Articles 82 and 83 have not been breached.

Hack states that while Senegal may have breached Article 82, they did not breach 83 that says: “A team that shall not be present on the ground, dressed to play at the time fixed for kick-off or at most 15 minutes later, shall forfeit the match. The referee shall register the absence of the team and shall write it in his report. The Organising Committee shall take the final decision in this respect."

The veteran administrator expounded: "They say it's in terms of article 84 - well, 84 is very clear. It says that a team that contravenes the provisions of 82 and 83 shall be eliminated. It doesn't say it [applies to a team which] contravenes the provisions of 82 or 83.”

"It says both of them, and they certainly never contravened the provisions of article 83. In my opinion, I don't think that Morocco will be declared the winners."

With CAS likely to issue its verdict after six months, Hack feels Senegal are in the clear as there is already a precedent set by CAS when Tunisian giants Esperance were awarded the 2019 CAF Champions League title after their opponents Wydad Athletic Club walked off the pitch in protest.

"In my opinion, I don't think the Court of Arbitration will uphold the decision of the Appeal Board because there's precedent to it. In 2019, Wydad were in a similar situation in a CAF club championship, where CAS ruled that the referee's decision is final. Only a referee can end a game. No matter what happens, only the referee can end it,” he further said.

Hack’s view is shared by Ghanaian legal expert Richard Dela. He explained: “The reason I believe that CAF got it wrong is that if you look at the rules of CAF itself, Articles 82 and 84, it makes it clear that where you abandon a match, there are specific sanctions that would apply but those sanctions would only apply when you abandon the match without the authorisation of the referee.”

With Congolese referee Jean-Jacques Ndala having allowed the game to proceed, Dela does not see why there is still a contest.

“The question you ask yourself is whether on the day, Senegal abandoned the match without authority. Yes, in fact they left the field for some time, but they came back and with the authority of the referee, they played the game, fairly won and the cup was handed over to them,” he further explained to Citi Sports.

“CAF is now attempting to say that because Morocco protested, we are having to go back in time and do violence to the decision made by the referee. But if you look at the IFAB rules, they are clear that the referee has the final authority over what happens during a game. He’s made that decision and it is final. So if you read the rules clearly, CAF has erred and therefore, the decision will be overturned.”