Court of Arbitration for Sport (CAS) arbitrator Raymond Hack has said he expects the court to rule in favour of Senegal as they appeal the Confederation of African Football (CAF) Appeal Board verdict which stripped them of their Africa Cup of Nations (AFCON) title.
CAF released a statement on Tuesday night stating that their Appeal Board had overturned Senegal’s 1-0 AFCON final win over Morocco in January due to their walk-off in protest against refereeing decisions. Sadio Mané eventually called his teammates back onto the pitch and the match continued, with Senegal emerging victorious in extra time courtesy of a Pape Gueye winner.
Hack told ESPN that due to Morocco having failed to lodge a protest prior to the end of the game, and referee Jean-Jacques Ndala having kept the game going rather than stopping it, there was no basis for the Appeal Board siding with Morocco.
Hack told ESPN when asked if the Appeal Board had any legitimate basis for overturning the final result: “No; not at all, because the referee is the final decision on the game and when he blows the whistle for the end of the game, that’s when the game ends.
“Yes, the team did go off, but they did come back on – and so did Morocco. When Morocco came on, nobody said: ‘We’re playing extra time under protest’ or anything. They played the 30 minutes – the 15 each way.
“Had they said: ‘We’re playing the extra time under protest,’ maybe they would have had something.”
The veteran administrator, who was previously South African Football Association (SAFA) CEO and a FIFA Disciplinary Committee member, believes that the CAS is likely to follow the precedent they set in awarding the CAF Champions League title to Espérance de Tunis.
In that instance, the court ruled against the CAF exco decision that the second leg should be replayed following Wydad’s walk-off over a disallowed goal amid faults in the VAR technology.
Hack added: “In my opinion, I don’t think the Court of Arbitration will uphold the decision of the Appeal Board because there’s precedent to it. In 2019, Wydad were in a similar situation in a CAF club championship, where CAS ruled that the referee’s decision is final. Only a referee can end a game. No matter what happens, only the referee can end it.”
Hack further opined that the CAF Appeal Board had improperly applied article 84 of the tournament rules in awarding a 3-0 win to Morocco. He argued its proper use could only have applied to teams who breached both articles 82 and 83, rather than merely one of the two.
Article 82 states: “If, for any reason whatsoever, a team withdraws from the competition or does not report for a match, or refuses to play or leaves the ground before the regular end of the match without the authorisation of the referee, it shall be considered looser [sic] and shall be eliminated for good from the current competition. The same shall apply for the teams previously disqualified by decision of CAF.”
According to Hack, Senegal may justifiably have been adjudged to have breached this article, but they did not breach article 83, which states: “A team that shall not be present on the ground, dressed to play at the time fixed for kick-off or at most 15 minutes later, shall forfeit the match.
“The referee shall register the absence of the team and shall write it in his report. The Organising Committee shall take the final decision in this respect.”
Hack explained: “They say it’s in terms of article 84 – well, 84 is very clear. It says that a team that contravenes the provisions of 82 and 83 shall be eliminated. It doesn’t say it [applies to a team which] contravenes the provisions of 82 or 83.
“It says both of them, and they certainly never contravened the provisions of article 83. In my opinion, I don’t think that Morocco will be declared the winners.”
Hack added that until the CAS issues a verdict, which he expects to take at least six months, Senegal will not have to forfeit their AFCON medals or prize money.
He said: “That (re-issuing of prize money) won’t apply at this stage because nothing will pass until the matter is finally arbitrated by the Court of Arbitration. You can’t go and ask the players: ‘Please give back the medals; please give back the prize money now,’ and there’s a possibility that the Court of Arbitration turn round whenever they do, and say: ‘Pay it back.’
“This matter will take another six months before it’s resolved, but all it does is cast bad aspersions on the image of African football, which is something which obviously should never happen.”
The Confederation of African Football’s decision to strip Senegal of the Africa Cup of Nations title and award it to defeated finalists Morocco may have belatedly corrected an injustice, but the damage done to the AFCON — and African football — could prove devastating.
The 18 January final in Rabat was among the most unsavoury, unedifying nights in African football history, as Senegal, after walking off the pitch during injury time to protest VAR’s awarding of a penalty to hosts Morocco, returned to watch Brahim Díaz miss his panenka penalty, before winning the bout in extra time through Pape Gueye’s lashed effort.
This doesn’t tell anything close to the full story of the drama. The violence in the stands between Senegal supporters and Moroccan authorities, Sadio Mané’s show of leadership to bring his team back onto the field of play, Diaz’s frantic exhorting of the home supporters to pressure the officials into giving the spotkick, his own apparent mental collapse, Senegal’s dubiously disallowed winner moments earlier, Moroccan journalists boycotting Pape Thiaw’s press conference, the climate of injustice that the hosts had sewn in their adversaries with their gamesmanship and – notably but pathetically — towel stealing antics…
This volatile, human night spilled beyond its boundaries, but still – critically – found its ending on the pitch in Rabat. Rightly or wrongly, Senegal were Africa’s champions.
The confetti fell, the lights dimmed, Gianni Infantino and Dr Patrice Motsepe nervously attempted to draw a begrudging smile from Prince Moulay Rachid of Morocco, clearly unwilling to award the AFCON trophy to the Teranga Lions.
CAF’s decision this week to overturn the ruling was based on their application of the tournament regulations — and specifically article 82 — which state that “if, for any reason whatsoever, a team withdraws from the competition or does not report for a match, or refuses to play or leaves the ground before the regular end of the match without the authorization of the referee, it shall be considered loser and shall be eliminated for good from the current competition.”
On paper, therefore, a case can certainly be made — and convincingly — that Senegal deserved to be eliminated from the competition by their decision to refuse to play and leave the field of play for 15 minutes following the award of Morocco’s 98th-minute penalty.
Did they all leave the field of play? No. Did they leave the ground? No. Did they abandon the match? No.
But clearly, their act of protest, explained by Thaw as a decision to “protect my players from injustice” was a deliberate walk-off, both dissent against referee Jean-Jacques Ndala, and ultimately, achieved a cynical disruption of the match’s conclusion.
However, Thiaw’s action wasn’t punished at the time.
The referee, alone or in consultation, did not annul the match at this point and award the title to Morocco. Instead, he allowed tempers to cool, he ensured that the commotion between the Senegal supporters and the Moroccan police had been brought under control, allowed play to resume and invited Diaz to take his penalty.
The CAF referee decided to allow the game to find its conclusion through football. Once the official has done this, once he has taken the call — correctly or incorrectly — to wave play on, then how can it be overturned… at least not without evidence of corruption or conflict on the part of the official?
The rules of football clearly state that the referee’s decision is final, and here, his decision was clear.
The minute Ndala allowed Diaz to take the penalty, anything that’s gone before surely must be cast aside, with both teams — at that point level in the contest — on equal footing heading into extra time.
They are the rules, and that was the moment for meting out such punishments. Senegal’s win wasn’t clean, it wasn’t comfortable, it wasn’t without controversy…but it was decided on the pitch, and that matters. At least we had that.
Certainly, CAF’s own Disciplinary Committee felt this way on January 28 when they initially met to dish out the punishments for the wretched scenes that accompanied the final, with Moroccan authorities, Ismael Saibari and Thiaw himself among those hit with sanctions.
There was no mention, at this time, of the title being taken from Senegal, let alone being awarded to Morocco.
Why now, only now, two months after Kalidou Koulibaly lifted the AFCON title into the drizzly Rabat skies, is the Appeals Board taking the decision to alter – off the field – a final that was very visibly decided on it?
Punishing Senegal by withdrawing the crown from them and leaving the AFCON ’26 without a winner would have been a sorry episode and a clear stain on the tournament, but at least it would have been contained damage.
What has happened now is no longer contained damage, with this week’s ruling and CAF’s actions making an already messy situation far, far messier.
Amidst accusations of corruption, poor governance, oblique operating processes, confused communication, and a weakening of power amidst an increasing perceived FIFA influence in the continent’s sport, CAF were already facing enough skepticism without this week’s announcement.
Now a controversial AFCON final has become something much more, with CAF believing they’re remedying in a boardroom something that should have only been settled on the turf.
It doesn’t end here, and reopening this can of worms has become a saga that will drag on and on; CAS arbitrator Raymond Hack has forecast six months minimum, but don’t be surprised if things rumble on much longer than that, if not forever.
While CAF may no longer recognise Senegal as African champions, the Teranga Lions won’t be interested in ceding that title… the physical trophy, the medals and the price money are a whole other story… while the rest of the continent are unlikely to be forthcoming in heralding Morocco as African champions after either their antics during the tournament nor the manner of their ‘victory’.
Indeed, what kind of ‘victory’ is this? Is there any joy for the players, in having ‘won’ a title in such a way?
Moroccan social media on Wednesday was understandably full of celebrations, with mocked up videos of Motsepe withdrawing the AFCON winners’ medals from the necks of Senegal’s players, or of a second star being stitched into Morocco’s home kits, above the RFMF crest.
Beyond just the ’26 final being tarnished, there is a fear that CAF’s decision has more broadly tarnished a tournament, tarnished legacy and tarnished the meaning of winning Africa’s grandest prize, as well as the purest of sporting values contained therein.
In time, they may also look weak, with precedent suggesting that CAS will overturn CAF’s latest ruling, inevitably highlighting the organising body’s inability to observe the laws of the game or their own statutes.
They’ve also undermined their own official; if his decision to allow play to resume has now been overturned in a court, then what else could be overturned? A goal given during a match, a red card, an offside decision?
If we determine that referee’s calls are no longer final, two months after the fact, then where do we draw the line. What else will be appealed?
Maybe FIFA will decide to retrospectively take a look at Diego Maradona’s ‘headed’ goal against England in 1986 and decide to strip that World Cup from Argentina…?!
Perhaps there can be sympathy with referee Ndala, for seeking to end the contest on the field at the time, allowing the situation to play out, and seeking to avoid becoming known as the referee who settled a major continental final by forfeit.
There can be no sympathy with CAF, whose latest bungling of a major decision, one that touches the emotional heartbeat of the content’s game, damages the credibility of the Nations Cup, and raises further burning questions about the competencies and the motivations of those charged with shaping and guiding African football.