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Typically, disputes arising from sporting activities are subject to internal dispute resolution mechanisms within the various sports agencies. However, in cases involving major rule violations, such as doping or match-fixing, arbitration is the preferred and often mandatory mechanism for resolving disputes. This is because arbitration allows parties in dispute to discuss and negotiate with one another and gives room for the restoration and maintenance of business relationships [i].
Unlike other commercial disputes, sports-related disputes are not typically referred to civil or criminal courts[ii]. This is due to the unique nature of sporting disputes, the need for expeditious resolutions, and the technical understanding required to navigate the complexities of the sports industry. It was the vision of the long-time International Olympic Committee (IOC) President, Juan Antonio Samaranch, that a specialized body should be established to handle sports-related disputes[iii]. Over time, this vision became a reality, as the global sports community developed its own dispute resolution mechanism and specialized tribunals/courts.
These mechanisms have developed against the backdrop of a clear reluctance within the sports industry to submit disputes to regular civil courts. As such, the specialized dispute resolution mechanism that has been established is globally preferred, and despite its limitations, it is unarguable that it will remain at the forefront of sporting activities. Thus, while there have been a few instances where civil courts have been called upon, these are exceptions rather than the norm.
This article aims to offer a bird-eye view into the process of dispute resolution in sports, ranging from doping violations to contractual disagreements, and an insight into the key bodies and structures responsible for preserving legal order within the sporting world.
Athlete Contracts and Transfers
The legal aspects of athlete contracts and transfers are critical to guarantee equitable treatment and safeguard the interests of both athletes and clubs. To avoid future disputes, it is essential to thoroughly consider issues including the contract duration, remuneration, compensation, termination clauses, image rights, and dispute resolution mechanisms.
Handling Contractual Disputes
It is unarguable that the law of contracts is the foundation upon which “Sports Law” was created and is of the utmost significance in many situations where sport and the law are intertwined. Whether a sport is being played at an elite or less competitive level, a contract is always at work.
Sport law has various contractual agreements, which eventually retain principles of contract and their essentiality with respect to the interpretation and application of the terms of the contractual agreements.
Sports contractual agreements are prevalent, and it is important that the legal interests of all parties are well-protected. However, disputes can emerge if one party to a contract believes that the other side is not being fair or is not abiding by the provisions of the deal.
Regulatory Framework for Sports in Nigeria
The regulatory framework for sports in Nigeria involves various government agencies, sports federations, and legal provisions. Below are some key elements of the regulatory framework:
a. Ministry of Youth and Sports Development: The Ministry of Youth and Sports Development is the government body responsible for the overall development and regulation of sporting activities in Nigeria. It creates and formulates policies, provides guidance, and oversees the implementation of sports-related activities in the country.
b. National Sports Commission (NSC)[iv]: The NSC, under the Ministry of Youth and Sports Development, plays an essential role in the regulation and promotion of sports. It formulates sports policies, coordinates national sports events, and provides support to sports federations and associations.
c. Sports Federations: A Series of sports federations govern specific sports in Nigeria. These federations are mainly responsible for organizing and regulating their respective sports at the national level. Some notable sports federations in Nigeria include the Nigerian Football Federation (NFF), Athletics Federation of Nigeria (AFN), Nigeria Basketball Federation (NBBF), and Nigeria Tennis Federation (NTF).
d. National Institute for Sports (NIS)[v]: The National Institute for Sports is a specialized institution responsible for training and development in sports. It offers a series of courses and programs to coaches, administrators, and athletes to increase their skills and knowledge in their respective fields in sport.
e. National Sports Policy: There is a National Sports Policy in Nigeria that serves as a guide for the development and regulation of sports. The policy outlines strategies, objectives, and guidelines for sports development, which include talent identification, sports science, athlete welfare, and infrastructure development.
f. National Sports Commission[vi]: The National Sports Commission (NSC) is the primary governmental body responsible for overseeing sports activities in Nigeria. NSC formulates policies, provides guidelines, and promotes the development of sports at the national level. The NSC works in collaboration with various sports federations and agencies to regulate and administer sports activities effectively in Nigeria.
g. Sports Federations in Nigeria: Sports federations in Nigeria, such as the Nigeria Football Federation (NFF), Athletics Federation of Nigeria (AFN), and others, are responsible for the governance, administration, and regulation of their respective sports. They develop rules, handle disciplinary matters, and coordinate national team selections in Nigeria.
Court of Arbitration for Sport (CAS)
The Court of Arbitration (“CAS”)[vii] is referred to as a Supreme Court for Sports disputes, and evidence of its influence is to be found throughout the Sporting World. Since its inception in 1984, it has registered approximately 2,700 separate arbitration proceedings in respect of sporting disputes.
Since its establishment, CAS in Switzerland has been shaping the borders of international Sports Dispute Resolution. The number of disputes brought before the CAS goes to show that it is the leading player in International Sports Arbitration.
Federation of International Football Association (FIFA)
The nature of disputes that most commonly arise before the CAS are appeals from decisions of the Federation of International Football Association (FIFA)[viii], the world governing body for Football, which has its own Internal Judicial System. This nature of dispute arises from the termination of the employment contracts of players or coaches, or the movement of players between clubs. As a consequence of such movement, remuneration is generally payable to the player’s previous clubs, either pursuant to contractual agreements between the parties or according to the complex series of regulations that apply to football transfers, both in a national and international context.
World Anti-Doping Agency
By virtue of the World Anti-Doping Code 2021, which provides for the sanction of Individuals who take prohibited substances as a form of enhancement[ix]. Article 10 provides for disqualification of results in the event of an Anti-Doping Rule violation. Some of the sanctions may lead to disqualification of all of the Athlete’s individual results obtained in that event, along with all consequences, which include the forfeiture of all medals, points, and prizes already obtained.
The CAS is the exclusive body empowered to hear appeals under the World Anti-Doping Code 2021. Article 13.2.1 of the Code provides that: “In cases arising from participation in an International Event or in cases involving International-Level Athletes, the decision concerning an Anti-Doping Rule infraction may be appealed exclusively to CAS in accordance with the provisions applicable before such court.”
In most cases, the appellant in an anti-doping matter is a sportsperson challenging the suspension or sanction imposed for an alleged violation. However, CAS also regularly receives appeals from the World Anti-Doping Agency (WADA)[x], often seeking a review or increase of sanctions deemed too lenient.
Anti-Doping cases typically involve factual evidence relating to the circumstances of the alleged breach, expert evidence regarding the validity or otherwise of the scientific findings and the positive test, and legal arguments regarding the interpretation and implementation of the relevant anti-doping rules and regulations. The tribunal’s role is to weigh all this evidence carefully and render a decision that reflects both the legal framework and the integrity of competitive sport.
ORDINARY COURTS
While there have been rare instances where athletes have challenged decisions of the Court of Arbitration for Sport (CAS) before national courts, such challenges are generally limited to procedural grounds, such as lack of due process or jurisdictional issues. However, given that athletes, by participating in international sport, agree to be bound by the statutes and dispute resolution mechanisms of their respective international federations, including arbitration by CAS, resorting to ordinary courts is often discouraged. Doing so can be seen as a breach of this agreement and may result in reputational consequences or sanctions within the sports community.
Conclusion
In conclusion, this article has provided a bird’s-eye view of the dispute resolution mechanisms governing sporting activities. While there are numerous nuances and technical complexities that fall beyond the scope of a single piece, the key and consistent pillars underpinning Nigeria’s sports dispute resolution framework have been highlighted. It is hoped that this discussion serves as a useful foundation for further exploration and understanding of the evolving intersection between sports and the law.
[i] See Ian Blackshaw, Sports Mediations: Preserving Sporting and Business Relationships, IN TOUCH (Ass’n for Intl Arbitration, Brussels, Belgium), Nov. 2010, at 9–10.
[ii] http://mediation-moves.eu/wp-content/uploads/2018/06/The-Promise-of-Mediation-in-Sport-Publication.pdf (accessed on March 1, 2025).
[iii]https://english.news.cn/20250211/0163f75b15cd4969905b96226d8d9398/c.html#:~:text=He%20suggested%20building%20a%20sports,anchored%20by%20the%20Olympic%20Village (accessed on March 1, 2025).
[iv] https://www.sports.gov.ng/about(accessed on March 5, 2025)
[v] https://nis.gov.ng/ (accessed on March 5, 2025)
[vi] https://www.sports.gov.ng/(accessed on March 5, 2025)
[vii] https://www.tas-cas.org/en/general-information/index/(accessed on March 5, 2025)
[viii] https://www.acerislaw.com/a-procedural-guide-to-fifa-dispute-resolution/(accessed on March 6, 2025)
[ix] https://www.wada-ama.org/sites/default/files/resources/files/2021_wada_code.pdf (accessed on March 6, 2025)
[x] https://www.wada-ama.org/en (March 7, 2025)
Written by Olufe Popoola for The Trusted Advisors
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