CAS 2018/A/6072
CAS · Football (FIFA / CAS) · Switzerland · 10 Nov 2020
Why it matters
This case is significant because the CAS panel clarified its de novo review powers, rejecting a self-imposed 'evidently and grossly disproportionate' standard. It also emphasized that sanctions must be based on the specific circumstances of the case, not on FIFA's evolving practice. The reduction of a life ban to 15 years and a fine from CHF 500,000 to CHF 100,000 illustrates the application of proportionality in sports disciplinary sanctions.
Summary
Kwesi Nyantakyi, former President of the Ghana Football Association and FIFA Council member, was caught in an undercover media sting by journalist Anas Aremeyaw Anas. Posing as Qatari investors, the journalists recorded Nyantakyi accepting USD 65,000 in cash and discussing bribes to secure government contracts and a sponsorship deal. The FIFA Adjudicatory Chamber found him guilty of conflict of interest, bribery, and commission under the FIFA Code of Ethics 2012, imposing a lifetime ban and a CHF 500,000 fine. Nyantakyi appealed to CAS, initially challenging the findings but later admitting the offences and focusing solely on the proportionality of the sanction. The CAS panel, applying Swiss law and the CAS Code, conducted a de novo review. It considered the seriousness of the offences, Nyantakyi's senior position, and the need for deterrence, but also weighed mitigating factors: the sting operation meant the scheme could never succeed, Nyantakyi had no prior disciplinary record, and he had a long history of service to football. The panel found the life ban disproportionate, noting that shorter bans had been imposed in similar cases. It reduced the ban to 15 years and the fine to CHF 100,000, reasoning that the fine should be based on the actual amount received (USD 65,000) plus a deterrent element, not on speculative future commissions. The award underscores CAS's independent assessment of sanctions and the principle of proportionality.
The detail
Parties: Kwesi Nyantakyi v. FIFA
Case number: CAS 2018/A/6072
Outcome: Appeal partially upheld; life ban reduced to 15 years, fine reduced from CHF 500,000 to CHF 100,000.
Quantum: CHF 100,000
Applicable law: FIFA Code of Ethics 2012 (Articles 19, 21, 22); CAS Code (Article R57); Swiss Civil Code (Article 75).
Issues in play: The proportionality of a life ban and fine for bribery and conflict of interest by a senior football official, balancing the seriousness of the offence against mitigating factors such as the media sting context and first offence.
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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