Despite having a judgement against them in the T&T's High Court in Port-of-Spain on August 13, football's world governing body FIFA remains adamant the Court of Arbitration for Sport (CAS) in Lausanne Switzerland, will be the jurisdiction for the T&T Football Association for the right to appoint a Normalisation Committee to govern the affairs of football in the twin-island Republic.
It means, however, that T&T will be on the verge expected sanctions, should the CAS not be chosen to resolve the matter.
FIFA in March, replaced the United TTFA with a normalization committee, citing management flaws that were steering the association into insolvency, with no way to clearing its debt which FIFA estimated at US$37.4 million.
In its response on Thursday, FIFA has outlined 12 grounds for appeal which includes articles 67 of FIFA statutes which it states that (a) That provisions of Article 67 of the Respondent's Constitution were void and (b) It was outwith the jurisdiction of the Respondent, as an entity incorporated under Trinidad and Tobago legislation, to agree to submit to foreign law as FIFA statues prescribe.
However, during a seven-day period in which it had to decide on whether or not it was going to appeal, FIFA yesterday appealed the decision handed down by Justice Carol Gobin, which instructed that the matter would be heard in the High Court in T&T.
According to Gobin: “This matter is not a matter for the Court of Arbitration for Sports.”
In handing down her decision, Justice Gobin urged the FIFA to not exercise discrimination of any kind against the TTFA, saying: “65. As for the concerns about irreparable fallout or adverse consequences to TTFA and T&T I am encouraged by the lofty objectives identified in FIFA statutes and particularly articles (3) and (4) of FIFA's commitment to respecting internationally recognised human rights, non-discrimination of any kind against a country for any reason and its commitment to promoting friendly relations in society for humanitarian objectives all of which are underpinned by an appreciation for the rule of law. I do not expect FIFA to walk off the field or to take its ball and go home if, after full ventilation of the issues, this court were to confirm the primacy of an Act of the Parliament of the Republic of Trinidad and Tobago over the FIFA Statutes.”
According to FIFA yesterday: “This appeal is a formal step, and as football's world governing body, FIFA further insists that the only recognised path to resolve such a dispute is the Court of Arbitration for Sports (CAS). The recognition of the CAS as the correct forum in which to hear the dispute is in accordance with the FIFA Statutes that all 211 FIFA member associations have agreed to, as well as in agreement with TTFA's own statutes on this matter.”
It added: “The insistence of the TTFA former leadership to bring this matter to a local court instead of the established dispute resolution forum at CAS greatly endangers the overall football structure in the country and endangers the position of T&T football internationally.”
“The absence of a resolution that is in line with the statutes of both FIFA and TTFA will result in the matter being brought to the attention of the relevant FIFA bodies for consideration and potential further action.”
William Wallace, president of the ousted TTFA which also includes vice presidents Clynt Taylor, Susan Joseph-Warrick and Joseph Sam Phillip, responded to claims by the FIFA that the country faces sanction if the CAS is not the place for the resolution, saying the only reason they ended up at the High Court, was because they went to the CAS and received no corporation.
Meanwhile, according to a FIFA press release issued yesterday it stated:
"FIFA is today (Thursday) lodging an appeal against the decision of the Trinidad and Tobago High Court issued last week to proceed with a claim from the former leadership of the Trinidad and Tobago Football Association (TTFA) against the decision of the Bureau of the FIFA Council in March 2020 to appoint a normalisation committee for the TTFA.
This appeal is a formal step, and as football’s world governing body, FIFA further insists that the only recognised path to resolve such a dispute is the Court of Arbitration for Sports (CAS). The recognition of the CAS as the correct forum in which to hear the dispute is in accordance with the FIFA Statutes that all 211 FIFA member associations have agreed to, as well as in agreement with TTFA’s own statutes on this matter.
The insistence of the TTFA former leadership to bring this matter to a local court instead of the established dispute resolution forum at CAS greatly endangers the overall football structure in the country and endangers the position of Trinidad and Tobago football internationally.
The absence of a resolution that is in line with the statutes of both FIFA and TTFA will result in the matter being brought to the attention of the relevant FIFA bodies for consideration and potential further action."
Wallace and his three vice presidents are also seeking a declaration that the decision to remove them in March and replace them with a committee headed by businessman Robert Hadad, was null, void, and of no legal or binding effect. They are represented by Dr Emir Crowne, Matthew Gayle, Crystal Paul, and Jason Jones, while Christopher Hamel-Smith, SC, Jonathan Walker and Cherie Gopie are representing FIFA.