Malaysia's 'notorious' lawyer points out reasons why FIFA delayed its ruling

Lawyer Nik Erman Nik Roseli has given reasons to explain why FIFA has not yet delivered its final verdict regarding the Football Association of Malaysia's appeal.

Nearly 48 hours have passed since October 30, the date FIFA was expected to announce its final ruling on the appeal submitted by the Football Association of Malaysia (FAM) concerning the case of seven naturalized players, yet no decision has been made. However, evidence has emerged indicating that FAM committed fraud by forging documents related to Facundo Garces.

Recently, in an interview with Timesport, Malaysian sports lawyer Nik Erman Nik Roseli, who has extensive experience with FIFA’s Appeals Committee cases, stated that it is quite normal for the committee to postpone issuing a verdict. He believes the delay could be caused by various factors.

Specifically, he said: "This decision requires thorough examination from both legal and factual perspectives. The committee might be requesting additional files, evidence, or explanations from the lawyers on both sides. Also, some committee members could be occupied with other duties or even facing health issues. Extending the time for parties to prepare and respond is completely normal."

To support his viewpoint, Nik Erman cited Article 60 of FIFA’s Disciplinary Code. According to this, the appellant is allowed to submit new evidence and propose a list of witnesses for review.

However, he noted that submitting additional documents must adhere to very strict deadlines: supplementary evidence is only accepted within five days after the appeal submission deadline, and the original appeal must be filed within three days of receiving the preliminary ruling.

He added: "Because FAM claimed they previously submitted incorrect documentation, the organization is allowed to provide a more accurate set of documents. Moreover, FAM has the right to challenge the Disciplinary Committee’s conclusion regarding the origin of the birth certificates of the naturalized players.

The process of re-examining the entire file, the possibility of new evidence emerging, and complex legal debates are considered reasons why FIFA needs to extend the time before delivering the final decision."

Meanwhile, Malaysian media express confidence that FIFA might issue a more lenient ruling for FAM. According to Scoop, some insider sources revealed that the FIFA committee has requested Malaysia to provide additional clarifications and documents related to the players’ naturalization process, aiming to consider adjusting the penalty in the appeal case.

Regarding the Asian Football Confederation (AFC), the organization is closely monitoring the case. AFC representatives stated they will base their actions on FIFA’s appeal outcome. If they receive official documentation from higher authorities, AFC will implement further disciplinary measures against the Malaysian national team, which could include forfeiting two 2027 Asian Cup qualifying matches against Nepal and Vietnam.

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