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Fécafoot vs GA 2009 case: CAS seemingly in favor of Eto'o

Samuel Eto'o reste le patron du football camerounais.
Fécafoot vs GA 2009 case: CAS seemingly in favor of Eto'o

In the case that opposed the Cameroon Football Federation (Fécafoot) to a faction of its General Assembly of 2009, Samuel Eto'o won his case at the Court of Arbitration for Sport (CAS). The former captain of the Indomitable Lions remains the boss of Cameroonian soccer.

 

Samuel Eto'o gets a sigh of relief. His election to the presidency of the Cameroon Football Federation (Fécafoot) is not annulled. This is what emerges from the decision of the Court of Arbitration for Sport (CAS), issued this August 23, regarding the case that opposed the national body to a part of its 2009 General Assembly.

The court, based in Lausanne (Switzerland), gave its decision eight months after the case was referred to it. It declares the case "finished and ended" from its role after ratifying the Convention concluded on March 31, 2022 between the Fécafoot and a majority faction of the opposite camp.

Friction within the protesters
Samuel Eto'o has maneuvered well to achieve this result. First, by creating a split in the ranks of the protesters, designated "Legal General Assembly of Fecafoot" by a decision of the Cameroon Olympic Committee. Indeed, on February 24, the president of Fécafoot invited everyone except the most radical. Of the 74 members of the group, 44 responded.

Eto'o succeeded in convincing his hosts to accompany him in his project of "appeasement, reconciliation and reform of Cameroonian soccer", says the communiqué that sanctioned the meeting.

A month later, on March 28, the president of Fécafoot did it again. And as always, his fiercest opponents are absent. And their circle is narrowing. Those present at Samuel Eto'o's table went from 44 to 56 (out of 74 members).

The work leads to several resolutions. One of the most important is the withdrawal of the GA "of all procedures pending before all national and international courts, in this case the Court of Arbitration for Sport. And on the 31st, they move into high gear. They signed with the president of Fécafoot "an agreement recognizing the legitimacy of the General Assembly that adopted the texts of Fécafoot in 2021 as well as the election of Mr. Eto'o Fils Samuel as president of Fécafoot.

In the aftermath, a request for the withdrawal of all cases pending at CAS was then filed by the faction close to Samuel Eto'o. On June 8, CAS ruled that this request was "admissible", despite the warnings and multiple appeals of the radicals.

A victory on hold
It is therefore on the basis of the Convention of March 31 that the CAS gave its verdict on Tuesday. Arguing that the question of whether a party can unilaterally withdraw from a proceeding before CAS is a procedural matter within the meaning of Article 182 of the Federal Law on Private International Law.

But the crisis seems far from over. Indeed, the rival faction of the 2009 Fécafoot GA promises to bring the case, this time, before the Swiss federal court. "The CAS has just rendered, in full violation of its Code, two awards of agreement-parties in cases TAS 833 and TAS 8456, denounces Abdouraman Hamadou, the representative of the said faction. (...) The case will be brought before the Swiss Federal Court next week. So it's not over yet.

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