Labour Disputes
Texto da decisão
REF. FPSD-17891
Decision of the
Dispute Resolution Chamber
passed on 22 May 2025
regarding an employment-related dispute concerning the Player Micah
Ojodomo Sani
BY:
Mario FLORES CHEMOR (Mexico)
CLAIMANT:
Micah Ojodomo Sani, Nigeria
Represented by Pranjal Shah
RESPONDENT:
Jeenyo FC, Somalia
pg. 2
REF. FPSD-17891
I. Facts of the case
1.
On 10 December 2024, the Nigerian player, Micah Ojodomo Sani (hereinafter: the Player or
the Claimant), and the Somalian club, Jeenyo FC (hereinafter: the Club or the Respondent),
entered into an employment contract (hereinafter: the Contract) valid as from 10 December
2024 until 31 December 2025.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant a USD
300 monthly salary.
3.
On 26 December 2024, the Respondent’s Head Coach sent the Claimant a flight reservation,
booked under the Claimant’s name, scheduled to depart from Mogadishu, Somalia on 27
December 2024 and arrive in Abuja, Nigeria on 28 December 2024.
II. Proceedings before FIFA
4.
On 22 January 2025, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
5.
According to the Claimant, the Respondent verbally terminated the Contract around 27
December 2024 and provided him with flight tickets to return to Nigeria.
6.
As a result of the alleged early termination of the Contract without just cause, the Claimant
requested compensation corresponding to the residual value of the Contract.
7.
The Claimant’s requests for relief, were the following:
“On these grounds, the Claimant hereby respectfully request the FIFA DRC to rule that the Club
terminated the Contract without just cause and is liable to pay the residual value of the
contract i.e. USD 3660, plus interest of 5% p.a. applicable from the date of termination, i.e.,
27 December 2024, to the Player as compensation for the same.”
b. Position of the Respondent
8.
Despite of being invited to do so, the Respondent failed to respond to the claim.
pg. 3
REF. FPSD-17891
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
9.
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 22 January 2025 and submitted for
decision on 22 May 2025. Taking into account the wording of art. 31 and 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.
10. 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 (hereinafter: the Regulations) (January
2025 edition), the Single Judge 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 Somalian club.
11. 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, the January 2025 edition of the Regulations is applicable to the matter at
hand as to the substance.
b. Burden of proof
12. 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).
c. Merits of the dispute
13. 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.
pg. 4
REF. FPSD-17891
i. Main legal discussion and considerations
14. The Single Judge then moved to the substance of the matter, and took note of the fact that
the Claimant alleged the Respondent terminated a contract between the parties without
just cause.
15. In this context, the Single Judge acknowledged that his task was to determine whether the
Respondent terminated the Contract and, if so, whether it had just cause to do so.
16. Since the Respondent did not provide its position on the claim, the Single Judge determined
that the decision shall be taken based on the documentation available in the case file (i.e.,
the statements and documents presented by the Claimant) (cf., art. 21, par. 1 of the
Procedural Rules).
17. The Single Judge took note of the Claimant’s allegation that the Respondent had verbally
terminated the Contract and subsequently provided him with flight tickets to return to
Nigeria.
18. Upon examination of the evidence on file, the Single Judge observed that it could not be
established that the Respondent had unilaterally terminated the Contract.
19. Furthermore, the Single Judge noted that there was no written reaction or statement from
the Claimant following the alleged verbal termination by the Respondent.
20. In this context, the Single Judge further observed that the only relevant piece of evidence
submitted — namely, a WhatsApp conversation between the Claimant and the
Respondent’s Head Coach, allegedly held on the same day the alleged termination took
place (i.e. Friday, 27 December 2024) — does not indicate that the Claimant attempted to
insist on the continuation or performance of the Contract.
21. Taking all of the above into account and referring to 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, the Single Judge concluded that the Claimant did not meet its
burden of proof in support of its claim and arguments and therefore, that the claim should
be rejected in its entirety.
d. Costs
22. 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.
pg. 5
REF. FPSD-17891
23. 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.
24. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 6
REF. FPSD-17891
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Micah Ojodomo Sani, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 7
REF. FPSD-17891
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 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. 8