EMBATTLED T&T Football Association (TTFA) president William Wallace and his United TTFA executive team have won their controversial lawsuit against FIFA.
Delivering her judgement in the case, late Monday night, High Court Judge Carol Gobin ruled that FIFA’s move to appoint a Normalisation Committee led by businessman Robert Hadad to replace Wallace and his team was illegal, null and void and of no effect.
Gobin said: “The Court declares that the decision of the Defendant dated 17/3/20 to appoint a normalisation committee was made in bad faith and for an improper and illegal motive.”
She also ruled that FIFA’s Statutes which speak to the appointment of such committees did not conform with the local legislation which incorporated the TTFA and prescribe how it is governed.
Monday’s legal victory for Wallace and his team is only the first leg in their battle against FIFA.
Next Monday, the Court of Appeal is expected to hear an appeal from FIFA over Gobin’s jurisdiction to hear the case.
In the event, FIFA is successful in its appeal and Wallace and his team do not successfully challenge that decision in the Privy Council, Gobin’s decision would be rendered academic.
If Wallace and his team eventually emerge victorious, it would mean that FIFA’s indefinite suspension of the association, due to its pursuit of the case, would remain in place.
In her judgement, Gobin considered FIFA’s Statutes on the committee which state that it is to be appointed to member federations in “extraordinary circumstances”.
“The rule essentially gives FIFA a free hand. The absence of a definition does not, however, limit my ability to consider the circumstances of it and to determine the lawfulness of FIFA’s actions,” she said.
“I have considered the evidence and have come to the conclusion that the decision to invoke the normalisation was unwarranted and indefensible,” she added.
She said that FIFA attempted to usurp the power of the local legislation by directing the committee to arrange fresh elections.
In terms of FIFA’s insistence that all legal disputes between it and federations should be dealt with by the Court for Arbitration for Sport (CAS), Gobin noted that she already ruled that while courts usually defer to such arbitration clauses, they can make exceptions.
She also took the opportunity to criticise FIFA for its apparent disdain for the local courts through its actions in repeatedly refusing to recognise their jurisdiction for cases within the country.
“The defendant’s conduct regrettably calls into question the sincerity of its vaulted commitment to achieving its objectives to promote integrity, fair play, and friendly relations in society for humanitarian objectives as well as its commitment to respecting internationally recognised human rights and striving to protect them. Disregard for the rule of law is inconsistent with these objectives,” she said.
While Gobin said she recognised the effect of the case on the sport in this country, she suggested that it could be considered warranted in the circumstances.
“The TTFA’s actions in seeking redress before the Court was perhaps the only appropriate response which avoided capitulating to the demands of FIFA and thereby elevating the status of FIFA Statues above the laws passed by our Parliament,” Gobin said.
Gobin also considered the roles of TTFA members, Sports Minister Shamfa Cudjoe and Hadad in setting up a meeting of the TTFA to discuss the case.
While she ruled that Cudjoe and the stakeholders had good intentions, she said that Hadad did not and was seeking to further FIFA’s action.
She also noted that FIFA demand for local laws to be changed to conform with its laws in order to lift the suspension was unreasonable as only Parliament could do so.
FIFA was ordered to pay the executive’s legal costs for bringing the lawsuit.
Wallace and his colleagues were represented by Dr Emir Crowne, Matthew Gayle, Crystal Paul, and Jason Jones, while Christopher Hamel-Smith, Jonathan Walker and Cherie Gopie appeared for FIFA, which did not participate in the trial.