What TTFA must do to avoid suspension

THE EDITOR: FIFA's lead counsel Christopher Hamel-Smith has warned that the TTFA will be susceptible to suspension from the world body's membership. Hamel-Smith warned that a suspension would compromise not only the careers, livelihood and education of players but also their prospects.

This threat is not a joke nor disrespect for our country’s or any other country's courts, sovereignty or democracy. Let us face facts, FIFA is comprised of 211 various country associations worldwide. The Court of Arbitration for Sport, based in Switzerland, was established to standardise any court matters that FIFA's members may have against the association. This is meant to avoid it from trotting all over the world to defend any differences that may arise with its members.

Justice Carol Gobin in her findings wrote: “This is about the legitimacy of powers exercised under Article 8(2) of the FIFA statutes and its consistency with a law passed by legislators in this country. This is a matter which falls squarely within the jurisdiction of the High Court of this country. This is not a matter for the Court of Arbitration for Sport.”

Therefore if the TTFA is desirous of maintaining its membership in FIFA it is obvious that decision will be left up to the TTFA to have its constitution in line with the world body, even if it means having the Government of TT amend the act that governs the local association that will bring its constitution in line with what is required by FIFA, or face "suspension or expulsion" until the TTFA conforms with governing association's statutory requirements.

I suggest that the TTFA approaches the Government to underwrite the $50 million that the association owes to its creditors. Nothing is wrong if the local association wants to stand firm, but as FIFA's lead counsel warned, the TTFA will be susceptible to grave penalties.

Let us face facts also, FIFA will be ultra vires of its own constitution to appear in any court outside the Court of Arbitration for Sports.

Remember, FIFA is the principal and TTFA is the applicant for membership.

In conclusion, this is what the TTFA must do:

1. Bring its constitution in line with the requirements of FIFA (including recognising the Court of Arbitration for Sport as the sole court of appeal) or face suspension.

2. Withdraw all matters against FIFA before the TT court.

3. Submit a satisfactory guarantor/plan for the repayment of its $50 million debt to its creditors.

4. Allow FIFA to implement its "normalisation committee" if the three above are not met in full without any interference.

ARTHUR SUITE

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