Cameroon: the framework agreement on CAN 2021 at the heart of a legal battle
During the draw for the CAN 2021 football tournament in Cameroon.
AFP - DANIEL BELOUMOU OLOMO
Text by: David Kalfa Follow
4 min
Members of the Cameroon Football Federation (Fécafoot) ask the Court of Arbitration for Sport (TAS) to cancel the ratification by the African Football Confederation (CAF) of a framework agreement signed between Fécafoot, Cameroon and CAF concerning the African Cup of Nations (CAN).
However, this type of agreement has become essential for the proper organization of major sporting events.
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Is the
conflict that has been going on since 2013 in the Cameroon Football Federation
(Fécafoot) slipping on the ground of the African Cup of Nations (
CAN 2021
), scheduled in Cameroon from January 9 to February 6, 2022?
In any case, members of Fécafoot contest the ratification of a framework agreement on CAN 2021 signed between their Federation, Cameroon and the African Football Confederation (
CAF
) on October 22, 2021. They indeed consider that the executive committee of CAF of 25 October should not have ratified this signature, in particular on the basis of article 11 of the statutes of CAF
[1]
.
According to our information, their appeal was filed by the law firm Lebel Elomo Manga on November 2 with the Court of Arbitration for Sport (CAS), a legal body based in Lausanne, Switzerland.
The situation of Seidou Mbombo Njoya at the heart of the proceedings
Among the appellants is Hamadou Babba Abdouraman. On October 22, the boss of the Étoile Filante de Garoua club explained the reasons for his anger, on his Facebook page: “
The Minister of Sports and Physical Education, Professor Narcisse Mouelle Kombi, […] tells us that it is he is the one who hired Cameroon under this contract. For information, the Framework Agreement is a contract between CAF, holder of the competition rights and the host federation of the competition. It is therefore the first time in the history of CAN that a member of the government signs such an agreement in place of the host federation.
"
What the complainants, members of the General Assembly of Fécafoot elected in 2009, above all dispute, is the signing of this framework agreement by Seidou Mbombo Njoya.
His election to the post of president of Fécafoot
in 2018 was, in fact, canceled by the CAS in January 2021. The International Football Federation (FIFA) has, however, confirmed his status as interim boss of Fécafoot. Since then, he has been running the affairs of Fécafoot pending a new ballot, scheduled for December 11, 2021, during which he could re-present himself and thus
face Samuel Eto'o
.
To the chagrin of the "
legitimate members of the General Assembly of Fécafoot
", who, on October 12, elected a provisional executive committee headed by Albert Mbida and who also pronounced a five-year suspension on Seidou Mbombo Njoya.
The absence of a framework agreement, a danger for CAN 2021?
Here they are again turned to the Court of Arbitration for Sport.
They asked the CAS that the procedure be accelerated so as not to undermine the good performance of CAN 2021.
Still a question arises: could the tournament take place if ever the ratification of the framework agreement was canceled and no other was ratified in time?
A well-authorized source thinks so, even if organizing the final phase under these conditions would pose a problem, in terms of legal guarantees in particular.
Until CAN 2010, CAF did without this type of global agreement.
It has only existed since the 2012 African Cup of Nations. Before, CAF and the host country (s) mainly exchanged different correspondence to agree on the multiple issues relating to the competition (infrastructure, finance, security, etc.).
It is therefore theoretically possible to organize CAN 2021 without a framework agreement.
Even if his absence would obviously present a legal risk, for example in the event of a natural or health disaster preventing the smooth running of the tournament.
This is why a similar contract had been signed with Egypt for CAN 2019. The main difference with that of Cameroon is that it was initialed later than the others due to the Covid pandemic. 19, the various delays in the Cameroonian preparations and the administrative reorganization of CAF.
Even if it is not essential, this framework agreement is therefore more than necessary for the holding of the event.
Most major sporting events rely on this type of text.
This is for example the case for the African Games, the second largest sporting event on the continent ...
[1]
“
1. Members of the bodies of national associations may only be appointed by means of elections or internal appointments.
The statutes of associations must include provisions ensuring total independence for these elections or appointments.
2. CAF does not recognize the organs of a national association which have not been elected or appointed in accordance with the provisions of para.
1 of this article.
This also concerns bodies elected or appointed on an interim basis.
"
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