In an exclusive virtual with (Myjoyonline.com) international sports law expert Adedotun Olusanya shared his vision for reforming football governance in West Africa. The Nigerian-born lawyer, whose influence spans across the region, has emerged as a leading voice in sports law and governance.

Olusanya's journey to prominence began with his multi-continental legal education, including degrees from prestigious institutions in Nigeria, the UK, and the USA. His expertise has earned him accolades, most notably the "Award of Exemplary Impacts on Sports Development" from the Sports Writers Association of Nigeria (SWAN) in 2021 and the Miss Football Nigeria Organisation Award for “Advocate of Female Football Development”.

"The recognition from SWAN was humbling," Olusanya remarked. "It reflects the growing awareness of the importance of sound legal frameworks in sports development."

In a candid discussion, Olusanya addressed the contentious issue of how FIFA's independence doctrine aids and abets corruption in African Member Associations (MA).

He delivered a recent seminar hosted in conjunction with Star Makers FC a couple of weeks ago themed "Specificity of Sports Doctrine and Independence Doctrine: The Bane of West-African Football". This 3-day seminar hosting 153 attendees has sparked significant debate among Ghanaian and other West African sports administrators and club owners. Let's discuss some of the key points raised by delegates.

Myjoyonline: Your work spans multiple countries in West Africa. Can you elaborate on your recent seminar on sports governance?

Adedotun Olusanya: Thank you for your kind words. We recently hosted a seminar for football administrators from Ghana, Gambia, Liberia, Sierra Leone, and Nigeria through collaborations collaboration with Star Makers FC, a community-based team in Accra, Ghana, my consulting firm facilitated a virtual seminar on sports governance. We had key delegates and administrators from the Football Associations of Ghana, Nigeria, Liberia, Sierra Leone, and Gambia in attendance. The goal was to address critical issues in football governance across the region. We have been in collaboration with Star Makers since December 2019 with a focus on training the academy’s young players on relevant laws and regulations in football that protect them from exploitation by unscrupulous football agents, administrators and family members.

However, a key focus of the 2021 virtual conference was on FIFA's independence requirements. I strongly believe that sincere administrators must pressure their governments to lobby FIFA to abolish these requirements, especially since African governments largely fund sports. Only those resistant to progress would oppose this change. At exactly a period when Africa was hoping that Ghana would consolidate on its FIFA World Cup Quarter-final appearance in South Africa in 2010, the team performed dismally in Brazil in 2014 due to a bonus row with the Ghanaian FA. You will remember that the Ghanaian players almost refused to play a World Cup match in Brazil in 2014 when they threatened to strike and the former President of Ghana, John Mahama, had to send about 1.76 million pounds by plane to Ghana. With a team in disarray, it was difficult for them to progress. That pattern of unaccountability in African football is well-known as Nigeria’s performance at World Cups especially in France 98, South Korea 2002 and South Africa 2010 were derailed for the same bonus row. Cameroun and Ivory Coast's chances at the World Cup have been hampered by the same pattern of bonus rows.

Myjoyonline: You've mentioned the "specificity of sports doctrine" in your work presented at several conferences and seminars. How does this impact accountability in African football?

Adedotun Olusanya: The specificity of sports doctrine, combined with FIFA's independence doctrine, has effectively robbed Africa of accountability in football governance. In my recent work “Reforming FIFA-Inside Out..," which by the way is an offshoot of my initial research “Beyond Sports Governance.” I argue that this lack of accountability has allowed corruption to flourish. That is why most African countries are threatened with bans after the constituted authorities try to set up a panel of enquiry following alleged embezzlements/misappropriation of funds associated with the FAs. The eternal equitable maxim “ubi jus, ubi remedium“means “Where there is a right, there is a remedy”. If African FAs fund their member associations (MAs) through tax-payer funds, the government on behalf of the people deserve to enquire about circumstances that often lead to bonus rows and terrible performances. “Threat of ban by FIFA of the affected MAs due to political interference is the magic wand that leads to governments backing down because football is the no. 1 national sport in 80% of African nations. Once the government backed down, FIFA withdrew its threat to ban and the cycle of corruption continued until another major disgraceful event at another World Cup.

Myjoyonline: What recommendations do you have for African countries to ensure accountability in their football governance?

Adedotun Olusanya: My recommendations include increased transparency, accountability through supervision by sovereign states and corporate sponsors, and internal reforms within football associations that align with corporate governance principles. We need to recognize that football is a major industry capable of providing numerous employment opportunities. African countries must implement measures to ensure proper accountability, which includes lobbying FIFA to recognize the peculiarities of non-European territories. Without this recognition, both the specificity of sports doctrine and the independence doctrine are at risk of becoming instruments of fraud in African football.

Myjoyonline: D. Boundo, a Liberian Delegate, mentioned, "Olusanya's crusade about sports governance especially the abolition of the independence doctrine has been consistent. The debacle in Ghanaian, Liberian, and Sierra-Leonian FAs in recent times only buttresses his recommendation that a tiered prosecutorial system and suspension of extradition rights are non-negotiable if African football must move forward." Could you elaborate on your stance regarding the independence doctrine and the prosecutorial system?

Adedotun Olusanya: Thank you for bringing that up. The independence doctrine has often been a double-edged sword in sports governance. While it aims to protect sports organizations from undue political interference, it has also led to a lack of accountability. In my paper "Beyond Sports Governance: Constructing a Veritable Platform for Transparency and Accountability in Africa," I argue that a tiered prosecutorial system is essential. This system would ensure that football associations (FAs) are held accountable at multiple levels, thereby reducing the chances of corruption and mismanagement. The suspension of extradition rights would further ensure that officials cannot evade justice by exploiting jurisdictional loopholes.

Myjoyonline: How do you respond to critics who argue that your proposals for a tiered prosecutorial system and suspension of extradition rights are too radical?

Adedotun Olusanya: I understand that these proposals might seem radical to some, but they are grounded in the urgent need for transparency and accountability in African football governance. The tiered prosecutorial system is designed to ensure multiple layers of oversight, crucial for combating corruption and mismanagement in football associations. It would involve local, regional, and continental oversight, ensuring that no single entity has unchecked power.

As for the suspension of extradition rights, this measure aims to close a loophole that has allowed corrupt officials to escape accountability by fleeing to other jurisdictions. While it may seem extreme, it's a necessary step given the context of widespread corruption in football governance.

Myjoyonline: Hussein Alhassan Yorda, a Ghanaian sports broadcaster, stated, "The seminar led by Mr. Olusanya and the suggestions he has made will ensure accountability in West African football… African governments must follow his suggestions of lobbying FIFA to recognize that they fund sports in Africa, and requesting for accountability from FA is not tantamount to political interference." How do you see the role of African governments in ensuring accountability without being accused of political interference?

Adedotun Olusanya: African governments play a crucial role in funding sports, and it's only fair that they demand accountability for the funds they provide. In my work "Reforming FIFA Inside-Out: Fit-for-Purpose Governance Structure for the Global Governing Body," I emphasize the need for a balanced approach where governments can hold FAs accountable without being seen as interfering politically. This can be achieved through transparent processes and clear guidelines that delineate the roles and responsibilities of both governments and FAs. Lobbying FIFA to recognize this unique relationship is crucial for fostering a governance structure that promotes transparency and accountability.

Myjoyonline: Joseph Hanson, another Ghanaian delegate, mentioned, "African teams have performed poorly at international football competitions not as a result of lack of talents but due to corruption in our football. I am happy that important stakeholders in African football are here and I am yet to hear any contradictory view on why Adedotun Olusanya's suggestion about allowing sovereign courts to have jurisdiction over governance matters in football should not stand." Can you explain why you believe sovereign courts should have jurisdiction over football governance matters?

Adedotun Olusanya: Corruption has indeed been a significant impediment to the success of African teams on the international stage. Allowing sovereign courts to have jurisdiction over governance matters in football is essential for several reasons. Firstly, it ensures an external check on the activities of FAs, which is crucial for maintaining transparency and accountability. Secondly, it provides a legal framework for addressing grievances and disputes that may arise, ensuring that justice is served. Without such oversight, FAs can become insular and unaccountable, leading to the issues we currently face in African football.

Myjoyonline: The Nigerian Delegate, Mr Oyelowo, mentioned, "Adedotun Olusanya is a household name in Nigeria. His passion for achieving effective governance that would transform the lives of athletes and African nations is second to none. He has been consistent with his call for sovereign governments and corporate sponsors being the biggest pressure point in achieving the desired change in global football governance that would impact Africa." How do you see the role of corporate sponsors in this governance reform?

Adedotun Olusanya: Corporate sponsors are indeed a significant pressure point in achieving governance reform. They provide substantial financial support to football, and their involvement can drive the demand for transparency and accountability. In my publications, I have highlighted the need for sponsors to insist on stringent governance standards as a condition for their support. This not only protects their investments but also ensures that the funds are used effectively for the development of the sport. By aligning their interests with governance reforms, sponsors can play a pivotal role in transforming football governance in Africa.

Myjoyonline: Thank you for your insights, Mr. Olusanya. Your contributions to sports governance are indeed invaluable, and we look forward to seeing the positive changes your recommendations will bring to African and world football.

Adedotun Olusanya: Thank you for having me. It has been a pleasure discussing these important issues.