Labour Disputes
Texto da decisão
REF. FPSD-7820
Decision of the
Dispute Resolution Chamber
passed on 27 April 2023
regarding an employment-related dispute concerning
the player NDIFREKE EFFIONG UDO
BY:
Frans DE WEGER (The Netherlands), Chairperson
Laurel VAURASI (Fiji), member
Khadija TIMERA (Senegal), member
CLAIMANT /COUNTER-RESPONDENT:
Ndifreke Effiong Udo, Nigeria
Represented by Mr. Aminu Yusuf
RESPONDENT/COUNTER-CLAIMANT:
Alahly Benghazi SC, Libya
Represented by Mr. Tarek Alaimi
INTERVENING PARTY:
Akwa United FC, Nigeria
pg. 2
REF. FPSD-7820
I. Facts of the case
1.
On 24 May 2021, the Nigerian Player Ndifreke Effiong Udo (hereinafter: the Player or the
Claimant / Counter-Respondent) and the Libyan club Alahly Benghazi SC (hereinafter: the
Club or the Respondent / Counter-Claimant) concluded an employment contract (hereinafter:
the contract) valid as from 1 August 2021 until 30 August 2024.
2.
In accordance with article 4 of the contract:
“[The Club] shall pay [the Player] a financial payment for his commitment to this contract
divided as follows:
• The first season 2021/2022 ($140,000) One Hundred and Forty Thousand US Dollar, divided as
first installment ($35,000) Thirty Five Thousand US dollar, on the start of the season and a
monthly salary of ($5,8333). The last payment ($35,000) Thirty Five Thousand US Dollar,
according to the percentage of participation.
• Season 2022/2023, ($150,000) One Hundred and Fifty Thousand US Dollar, divided as: First
installment ($37,500) Thirty Seven Thousand and Five Hundred US Dollar, on the start of the
season. And a monthly salary of ($6,250). The Last payment ($37,500) Thirty Seven Thousand
and Five Hundred US Dollar, according to the percentage of participation.
• Season 2023/2024, ($200,000) Two Hundred Thousand US Dollar, divided as: First Installment
($50,000) Fifty Thousand Dollar, on the start of the season and a monthly salary of ($8,333). The
last payment ($50,000) Fifty Thousand US Dollar, according to the percentage of participation”.
3.
As per information contained in the Transfer Matching System (TMS), the Libyan season
2022/2023 started on 15 September 2022 and ends on 30 June 2023.
4.
Between November 2021 and August 2022, the parties exchanged notices about missed
payments to the Player. In particular, the Player put the Club in default of payment 5 times,
respectively on 29 November 2021, 4 December 2021, 22 April 2022, 23 June 2022, and 11
August 2022 and 26 August 2022.
5.
On 27 July 2022, as acknowledged by the Club, the 2021/2022 Libyan Football season
ended.
pg. 3
REF. FPSD-7820
6.
By correspondence dated 26 August 2022, the Player put the Club in default of payment of
USD 11,666.70 corresponding to July and August salary and the 2021/2022 final payment
of USD 35,000. The Player further provided his bank account, since the Club had requested
him to do so.
7.
By correspondence dated 30 August 2022, the Player put the Club in default of payment of
USD 46,666 corresponding to July and August 2022 salaries (USD 11,666) and the
2021/2022 season final payment (USD 35,000), setting 15 days’ time limit in order to
remedy the default.
8.
By correspondence dated 5 September 2022, the Player put the Club in default of payment
of USD 46,666 (July and August 2022 salaries and the 2021/2022 final payment).
9.
By correspondence dated 15 September 2022, the Player informed the Club that he had
received the “payment advice value date 15 September 2022” and indicated the Club that the
amount was in Euros and that the bank account sent was in USD. The Player requested the
Club to verify this information and “if by the end of business on 15th September, 2022 payment
is not received [in the Player’s] account, [the Player] shall have no option to terminate the
employment”.
10. By correspondence dated 19 September 2022, the Player informed the Club the nonreception of the outstanding remuneration and requested the Club to pay within the next
24 hours.
11. By correspondence dated 19 September 2022, the Club indicated the Player that:
(1) The Club transferred the amount of money equivalent to his salaries.
(2) The Club made the transfer within the legal deadline.
(3) “There is no way to terminate the contract even if the amount transferred is less than the
amount asked for and according to article 14 RSTP, because there is no way of not paying two
successive months, and with all of this the club is always ready to pay the player to respect its
contractual engagements”. The Club further warned the Player and requested him to return
to Libya. It is to be noted that the Player contested the reception of this correspondence.
12. On 21 September 2022, the Player sent a termination notice to the Club, as the amount of
USD 46,666 allegedly remained unpaid.
13. By correspondence dated 23 September 2022, the Club informed the Player that his claim
is incorrect as he received the full amount of the salaries claimed and requested the Player
to return to Libya. It is to be noted that the Player contested the reception of this
correspondence.
pg. 4
REF. FPSD-7820
14. By correspondence dated 9 October 2022, the Player put in default the Club, requesting
the payment of USD 46,666.70 and the September 2022 salary.
15. By correspondence dated 17 October 2022, the Club informed the Player that the payment
was returned due to internal policy and requested another account to transfer it.
16. On 29 December 2022, the player signed an employment contract with Nigerian club Akwa
United FC (hereinafter: the New Club) valid as from the date of signature until 28 November
2023. The Player would be entitled to a monthly net salary of USD 1,000.
17. On 7 January 2023, the Player signed a new contract with the Iraqi Air Force Sport Club,
valid as from the date of signature until 10 July 2023. The Player would be entitled to a total
salary of USD 70,000.
II. Proceedings before FIFA
18. On 10 October 2022, the Player filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Position of the Player
19. The Player lodged a claim against the Club in front of FIFA for breach of contract and
indicated to have just cause to terminate the contract as more than two salaries were due
at the date of termination.
20. The Player filed the following request for relief:
-
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“order that the Club has unlawfully breached the contract of employment by failing to pay
the Player his outstanding salary for the month of July 2022 total USD 5833.35 plus 5%
interest per annum as from end of July 2022 to date of effective payment.
USD 5833.35 as outstanding salary for the month of August, 2022 plus 5% interest per
annum as from August 2022 to date of effective payment.
USD 5833.35 as outstanding salary for the month of September, 2022 plus 5% interest
per annum as from September 2022 to date of effective payment.
USD 5833.35 as outstanding salary for the month of October,2022 plus 5% interest per
annum as from October 2022 until the date of effective payment.
USD 5833.35 as outstanding salary for the month of November 2022 plus 5% interest per
annum as from November 2022 until the date of effective payment.
USD 5833.35 as outstanding salary for the month of December 2022 plus 5% interest per
annum as from November 2022 until the date of effective payment.
USD 35,000.00 as outstanding 2021/2022 last payment instalment at the end of the
season from June 2022 plus 5% interest p.a until the date of the effective payment.
pg. 5
REF. FPSD-7820
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-
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USD 37,500.00 as outstanding 2022/2023 first instalment at the beginning of the season
plus 5% interest p.a as from September 2022 until the date of the effective payment.
The residual value of the contract i.e USD6,250 corresponding to 12 monthly salaries
between January till December 2023 total USD75,000.00 plus 5% interest p.a as from
January 2023 until the date of the effective payment.
USD 37,500.00 as outstanding 2022/2023 last payment instalment at the end of the
season July 2023 plus 5% interest p.a until the date of the effective payment.
USD 50,000.00 as outstanding 2023/2024 first installment at the beginning of the season
September 2023 plus 5% interest p.a until the date of the effective payment.
The residual value of the contract i.e USDB,333 corresponding to 12 monthly salaries
between January till December 2024 total USD 100,000.00 plus 5% interest p.a as from
January 2024 until the date of effective payment.
USD 50,000.00 as outstanding 2023/2024 last payment instalment at the end of the
season 24 August 2024 plus 5% interest p.a until the date of the effective payment.
Furthermore, the player requested 5% interest p.a. as of the respective due dates.
An order granting additional monetary compensation to [the Player] against [the Club]”.
b. Position of the Club and counterclaim
21. The Club filed its reply together with a counterclaim against the Player.
22. The Club stated that it paid the salaries requested in the default notice dated 5 September
2022, and the conditions of art. 14bis of the Regulations on the Status and Transfer of
Players (RSTP) are not fulfilled, considering that (1) the payment was performed before the
deadline of 15 days; (2) the notification of the contract’s termination was sent before
expiration of the 24 hours deadline; (3) the Player withdrew the amount sent by the Club
on his bank account and this is a proof of payment of his salaries; and (4) “The reminder sent
on 19.09.2022 in which the player give a new deadline of 24 hours, annuls all previous
procedures and deadlines, and this can harm the player sportingly”.
23. The Club indicated that: ”whereas knowing that the Football Season in Libya ended by the
28.07.2022, the club Al Ahly Benghazi has not exceeded the payment deadlines of two months
as enacted in article 14 RSTP”.
24. The Club further indicated that: “each time, reminds your room of the letters sent to the club
for non payment, the club has paid the player all his undue amounts requested, and the delay
in payment claimed by the player, was due to the Libyan banking procedure which has been
known by the player, and not a proof of non respecting of contractual engagements”.
25. Moreover, the Club stated that the payment made on 15 September 2022 was returned
due to internal policies and requested the Player a new bank account. It is to be noted that
the document provided by the Club stated that this is information was shared to the Player
on 17 September 2022, however, the document provided is dated 17 October 2022.
pg. 6
REF. FPSD-7820
26. According to the Club, the Player and the Club agreed to amicably terminate the contract,
however, the Player did not respect his obligations. Namely, the Player did not return to
Libya, even after the Club paid the salaries du and the sent a flight ticket dated 19
September 2022. Thus, the Club concluded that “the player has failed to respect his
commitments and to honour his contractual obligations”.
27. The Club requested the following relief:
“In application of articles 13, 17, 22, 23 and 24 RSTP, and article 21 of the RSTP FIFA and
articles 4, 12 and 14 from the players contract, and case law of FIFA and CAS, the Club Asks
to:
1/Declare that the Counterclaim is admissible as to the bottom.
2/ Consider that the player’s contract has been terminated without just cause.
3/ Compel the player to pay to the Club Ahly Benghazi the following amounts:
• 373.332 USD as compensation for breaching contract equal to the rest of the residual
value of the contract breached plus annual interest at the rate of 5% from the
respective due dates until the date of full payment.
• 30.000 USD as a moral compensation plus annual interest at the rate of 5% from the
respective due dates until the date of full payment.
• 10.000 USD for attorney fees.
• Rejection of all players requests of the claim of 10.10.2022 for the confirmation of
the bank transfer on time.
• Compel the player to pay all arbitration costs for the present claim”.
c. Reply of the Player to the counterclaim
28. The Player provided FIFA General Secretariat with 3 different letters within the provided
deadline in order to reply to the counterclaim.
First letter:
29. The Player stated, inter alia, that:
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the Player had just cause to terminate the contract considering that he did not
receive the payment of 2 salaries and the bonus at the date of the termination.
The Club always failed to pay the Player’s remuneration.
The Player did not withdraw the amount allegedly sent by the Club.
The correspondences dated 19 and 23 September 2022 from the Club were never
sent to the Player.
30. The Player further concluded as follows:
“1. The DEFENDANT in his submission alleged the Player was of low performance.
2. The DEFENDANT forwarded a letter of mutual termination of contract to the player which
the CLAIMANT regards as an abusive conduct.
pg. 7
REF. FPSD-7820
3. The DEFENDANT indulged in irregular payment of the CLAIMANTS salaries.
4. The DEFENDANT held on to the CLAIMANTS salaries up to two months and even the month
of September 2022 also remain pending during the waiting period observed by the CLAIMANT
for the DEFENDANT to cure the breach.
5. The DEFENDANT knowingly out of mischief sent payment in Euros to the CLAIMANTS USD
DOLLAR account provided; this is to cheat and deceived the CLAIMANTS to resume with the
club.
6. The DEFENDANT purported payment of Euro 45,810.05 to the CLAIMANT’s bank account
was returned unpaid since 29 September 2022 due to the internal bank policy of the Debtors
Bank, but the CLAIMANT concealed it, to deceive the CLAIMANT to believing that the payment
is in the CLAIMANT’S account in Nigeria.
7. The CLAIMMANT refutes the Counterclaim of the DEFENDANT in its entirety.
WHEREOF the CLAIMANT is praying the DISPUTE RESOLUTION CHAMBER to dismiss the
DEFENDANT’S action against the CLAIMANT as:
i.
The counter claim of 17 November, 2022 constitutes an abuse of the DISPUTE
RESOLUTION CHAMBER’S process and frivolous, vexation and gold digging and should
be dismissed with substantial cost against the DEFENDANT”.
Second letter:
31. The Player stated, inter alia, that it is the responsibility of the Club to undertake all efforts
to comply with its obligations and the Club never informed the Player that there was an
issue about the prohibition of payments due to the Libyan government policy.
Third letter
32. The Player, stated, inter alia that he never received the letters dated 19 September and 23
September 2022.
d. Final comments of the Club
33. The Club stated, inter alia, that:
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The Libyan season ended on 28 July 2022, and the Club has not exceeded the
payment of 2 months.
The Player was paid directly as he had not a bank account in Libya.
Despite the prohibition of bank transfer, the Club transferred the amount due before
the expiring deadlines.
As to the evidence provided by the Player regarding international transfers, the
payments were made before the present claim.
As to the letters allegedly not received by the Player dated 19 September 2022 and
23 September 2022, the Club provided further evidence. The Club further stated on
this point “if the player can falsified dates, and deny that he received the
correspondences, so we can understand that all his claims are suspicious”
pg. 8
REF. FPSD-7820
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The Player has not been damaged as he was transferred to another club Akwa United
Club.
34. The request for relief remained unchanged.
e. Position of the Intervening party
35. Upon request of the FIFA general secretariat, on 10 April 2023, the new club stated as
follows:
“[the new club] has acted without fault and exercised the necessary due diligence expected
from a professional Club by contacting the Player representative, FIFA and the Nigeria
Football Federation, which finally approved the Players registration vide the TMS on the 14
January,2023.
Finally, [the new club] is ignorant of the claim and counter claim and does not wish to be
nominated as an "intervening party" or as a party to any of the proceedings and not
interested to provide you with any position to the claim /counter claim”.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
36. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or
DRC) analysed whether it was competent to deal with the case at hand. In this respect, it
took note that the present matter was presented to FIFA on 10 October 2022 and submitted
for decision on 27 April 2023. Taking into account the wording of art. 34 of the October
2022 edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the
Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the
matter at hand.
37. Subsequently, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 lit. b) of the Regulations
on the Status and Transfer of Players (October 2022 edition), the Dispute Resolution
Chamber is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a player from Nigeria and a club
from Libya.
38. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 26 par. 1
and 2 of the Regulations on the Status and Transfer of Players (October 2022 edition) and
considering that the present claim was lodged on 10 October 2022, the October 2022
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
pg. 9
REF. FPSD-7820
b. Burden of proof
39. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
40. Its competence and the applicable regulations having been established; the Chamber
entered into the merits of the dispute. In this respect, the Chamber started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Chamber emphasised that in the following
considerations it will refer only to the facts, arguments, and documentary evidence, which
it considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
41. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the parties strongly dispute the justice of the early
termination of the contract by the Player, based on the alleged non-payment of certain
financial obligations by the Club as per the contract, in accordance with art. 14bis of the
Regulations.
42. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Club and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
43. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligations.
44. The Chamber noted that the Player claims not having received his remuneration
corresponding to July 2022, August 2022 and the 2021/2022 bonus (also called by the Player
“final payment”). Furthermore, the Chamber noted that the Player has provided written
evidence of having put the Club in default on 30 August 2022 and 5 September 2022, i.e.,
at least 15 days before unilaterally terminating the contract on 21 September 2022.
pg. 10
REF. FPSD-7820
45. The Chamber further noted with regards to the 2021/2022 bonus that: (1) the wording of
the contract states that the amount of USD 35,000 is subject to the Player’s participation;
(2) the Club stated in various letters and in its counterclaim that the amount is to be paid
at the end of the Libyan season; (3) the Libyan season, as stated by the Club, terminated
on 28 July 2022; and (4) despite being a conditional payment, the Club decided to pay the
full amount, as per the bank statement order. Based on above considerations, the
Chamber considered that the full amount of said bonus was due on 28 July 2022.
46. The Chamber observed that in the case at hand the Club bore the burden of proving that
it indeed complied with the financial terms of the contract concluded between the parties.
Nonetheless, the evidence provided by the Club (order payment dated 15 September 2022)
does not prove to a comfort satisfaction degree the payment of the amounts claimed as
outstanding by the Player. On this point, the Chamber highlighted that the Club provided
with a statement of a transfer order, however both parties recognized that as of the date
of termination, the amount was not paid, especially because the Club admitted that this
payment bounced. Moreover, the Chamber stated that the amount mentioned in the bank
statement is EUR 45,810.05 and not USD 46,666.66 (amount to be paid), which denotes that
the Club likely misarranged the transfer of funds to the Player by ordering a wire in the
incorrect currency.
47. Thus, the Chamber concluded that the Player had a just cause to unilaterally terminate the
contract, based on art. 14bis of the Regulations.
ii. Consequences
48. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Club.
49. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, amounts to 52,500.05
50. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Club is liable to pay to the Player the amounts which were
outstanding under the contract at the moment of the termination, i.e., USD 52,500.05 (i.e.,
USD 5,833.35 times 3 plus USD 35,000).
51. In addition, taking into consideration the Player’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Player interest at the rate of
5% p.a.:
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on USD 5,833.35 as from 1 August 2022 until the date of effective payment.
on USD 5,833.35 as from 1 September 2022 until the date of effective payment.
on USD 35,000 as from 29 July 2022 until the date of effective payment.
on USD 5,833.35 as from 21 September 2022 until the date of effective payment.
pg. 11
REF. FPSD-7820
52. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the Player by the Club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
for in the contract at the basis of the dispute, with due consideration for the law of the
country concerned, the specificity of sport and further objective criteria, including in
particular, the remuneration and other benefits due to the player under the existing
contract and/or the new contract, the time remaining on the existing contract up to a
maximum of five years, and depending on whether the contractual breach falls within the
protected period.
53. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
54. As a consequence, the Chamber determined that the amount of compensation payable by
the club to the Player had to be assessed in application of the other parameters set out in
art. 17 par. 1 of the Regulations. The Chamber recalled that said provision provides for a
non-exhaustive enumeration of criteria to be taken into consideration when calculating the
amount of compensation payable.
55. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 256,250 (i.e., USD 106,250 plus USD 150,000) serves as
the basis for the determination of the amount of compensation for breach of contract.
56. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the player’s general obligation to
mitigate his damages.
57. Indeed, the Player found employment with two clubs: Akwa United FC and Air Force Sport
Club. In accordance with the pertinent employment contracts, the Player was entitled to
approximately USD 322,58 from 29 December 2022 until 7 January 2023 and from January
2023 until July 2023 to USD 70,000. Therefore, the Chamber concluded that the player
pg. 12
REF. FPSD-7820
mitigated his damages in the total amount of USD 70,322.58 (i.e., USD 70,000 plus USD
322.58).
58. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination took place due to said reason i.e., overdue payables by the Club, and therefore
decided that the player shall receive additional compensation.
59. In this respect, the DRC decided to award the amount of additional compensation of USD
18,750, i.e., three times the monthly remuneration of the Player under the prematurely
terminated contract.
60. Consequently, on account of all of the above-mentioned considerations and the
specificities of the case at hand, the Chamber decided that the club must pay the amount
of USD 204,677.42 to the Player (i.e., USD 256,250 minus USD 70,322.58 plus USD 18,750),
which was to be considered a reasonable and justified amount of compensation for breach
of contract in the present matter.
61. Lastly, taking into consideration the player’s request as well as the constant practice of the
Chamber in this regard, the latter decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 21 September 2022 until the date of effective
payment.
iii. Compliance with monetary decisions
62. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
63. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
64. Therefore, bearing in mind the above, the DRC decided that the Club must pay the full
amount due (including all applicable interest) to the Player within 45 days of notification of
the decision, failing which, at the request of the Player, a ban from registering any new
players, either nationally or internationally, for the maximum duration of three entire and
pg. 13
REF. FPSD-7820
consecutive registration periods shall become immediately effective on the Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
65. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
66. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
67. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
68. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
69. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 14
REF. FPSD-7820
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant/Counter-Respondent, Ndifreke Effiong Udo, is partially accepted.
2.
The counterclaim of the Respondent/Counter-Claimant, Alahly Benghazi SC, is rejected.
3.
The Respondent/Counter-Claimant must pay to the Claimant/Counter-Respondent the
following amounts:
a.
USD 35,000 as outstanding remuneration plus 5% interest p.a. as from 29 July 2022
until the date of effective payment;
b.
USD 5,833.35 as outstanding remuneration plus 5% interest p.a. as from 1 August
2022 until the date of effective payment;
c.
USD 5,833.35 as outstanding remuneration plus 5% interest p.a. as from 1
September 2022 until the date of effective payment;
d.
USD 5,833.35 as outstanding remuneration plus 5% interest p.a. as from 21
September 2022 until the date of effective payment;
e.
USD 204,677.42 as compensation for breach of contract without just cause plus
5% interest p.a. as from 21 September 2022 until the date of effective payment.
4.
Any further claims of the parties are rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent/Counter-Claimant shall be banned from registering any new players,
either nationally or internationally, up until the due amount is paid. The maximum
duration of the ban shall be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
7.
The consequences shall only be enforced at the request of the Claimant/CounterRespondent in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the
Status and Transfer of Players.
pg. 15
REF. FPSD-7820
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 16
REF. FPSD-7820
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 17