DRC Overdue Payables
Texto da decisão
REF. FPSD-18119
Decision of the
Dispute Resolution Chamber
passed on 17 March 2025
regarding an employment-related dispute concerning the player Junior
Sewanu Lokosa
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Junior Sewanu Lokosa, Nigeria
Represented by Chijioke Okpanku
RESPONDENT:
Al Naser Zliten, Libya
Represented by Muah Tashani
pg. 2
REF. FPSD-18119
I. Facts of the case
1.
On 23 December 2024, the Nigerian player, Junior Sewanu Losoka (hereinafter: the Player
or the Claimant), and the Libyan club, Al Naser Zilten (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
23 December 2024 until the last day of the 2024/2025 season.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant the
following net remuneration:
•
USD 6,000 “upon signing the present contract”
•
USD 4,500 “after the end of the first half of the season”
•
USD 4,500 “end the last match of 2024/2025 sports season”
3.
On 8 January 2025, the Parties signed a Mutual Termination Agreement (hereinafter: the
Termination Agreement) through which the Parties agreed to mutually terminate the
Contract by stating that “Both Parties release each other from all legal consequences arising
from and resulting from the termination of the contract in a comprehensive manner, without
exception.”
4.
On 16 January 2025, the Player sent a default notice to the Club requesting the payment of
USD 6,000 which was to be paid upon signing of the Contract. In addition, the Player
granted the Club a deadline of 15 days to comply with its financial obligations.
II. Proceedings before FIFA
5.
On 6 February 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
6.
The Claimant requested USD 6,000 “which is the amount to be paid upon signing the
employment contract on the 23rd of December 2024.”
b. Position of the Respondent
7.
In their reply, the Respondent did not dispute that the amount of USD 6,000 has not been
paid to the Player. However, the Respondent stated the following:
“[…] The player and the club agree to amicably terminate the contract without
damages, according to Article 2 of the termination. ‘Both parties release each other
from all legal consequences arising from the contract's termination, without
pg. 3
REF. FPSD-18119
exception.
The player signed the contract termination of his own free will and without pressure or
coercion”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
8.
First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 6 February 2025 and submitted for
decision on 17 March 2025. Taking into account the wording of art. 34 of the January 2025
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.
9.
Furthermore, the Single Judge 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (January 2025 edition), the Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Nigerian player
and a Libyan club.
10. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 29 of
the Regulations on the Status and Transfer of Players, the January 2025 edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
11. The Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
pg. 4
REF. FPSD-18119
c. Merits of the dispute
12. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
13. The Single Judge then moved to the substance of the matter, and took note that his task
was to determine whether the amount of USD 6,000 remained outstanding and still due to
the Player.
14. In this regard, the Single Judge observed that the Player requested the payment of the total
amount of USD 6,000 arising from the Contract and that the Club did not dispute that said
amount remained outstanding.
15. However, the Single Judge noted that, in view of the Termination Agreement, the Club
claimed that the amount of USD 6,000 was no longer due as “both parties release[d] each
other from all legal consequences arising from the contract’s termination, without exception.”
16. In view of the above, the Single Judge took note of the content of the Termination
Agreement and observed that it did not state that it did contain any kind of waiver or
compensation but merely stated that the Contract has been terminated.
17. Therefore, the Single Judge considered that the termination of the Contract did not have
any effect on the overdue payables that arose before its termination.
18. Consequently, based on the principle of pacta sunt servanda, the Single Judge deemed that
the Club shall pay to the Claimant the total amount of USD 6,000, which was due before
the termination of the Contract.
ii. Compliance with monetary decisions
19. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24
par. 1 and 2 of the Regulations, which stipulate that, with his 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.
pg. 5
REF. FPSD-18119
20. In this regard, the Single Judge 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.
21. Therefore, bearing in mind the above, the Single Judge decided that the Respondent must
pay the full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
22. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
23. The Single Judge 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. Sanctions
24. In continuation, the Single Judge referred to art. 12bis par. 2 of the Regulations, which
stipulates that any club found to have delayed a due payment for more than 30 days
without a prima facie contractual basis may be sanctioned in accordance with art. 12bis
par. 4 of the Regulations.
25. To this end, the Single Judge confirmed that the Player put the Club in default of payment
of the amounts sought, which had fallen due more than 30 days before, and granted the
club a 10-day deadline to cure such breach of contract.
26. Accordingly, the Single Judge confirmed that the Club had delayed a due payment without
a prima facia contractual basis. It followed that the criteria enshrined in art. 12bis of the
Regulations was met in the case at hand.
27. The Single Judge further established that by virtue of art. 12bis par. 4 of the Regulations he
has competence to impose sanctions on the Club. On account of the above and bearing in
mind that this is the first offense by the Club within the last two years, the Single Judge
decided to impose a warning to the club in accordance with art. 12bis par. 4 lit. a) of the
Regulations.
pg. 6
REF. FPSD-18119
28. In this connection, the Single Judge highlighted that a repeated offence will be considered
as an aggravating circumstance and lead to a more severe penalty in accordance with art.
12bis par. 6 of the Regulations.
e. Costs
29. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the parties.
30. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
31. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 7
REF. FPSD-18119
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Junior Sewanu Lokosa, is accepted.
2.
The Respondent, Al Naser Zliten, must pay to the Claimant the following amount:
- USD 6,000 as outstanding remuneration
3.
A warning is imposed on the Respondent.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
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 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.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 8
REF. FPSD-18119
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 – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 9