The Court of Arbitration for Sport (CAS) has rejected the appeals filed by World Athletics and the World Anti-Doping Agency (WADA), and confirmed the decision taken by the World Athletics disciplinary tribunal finding that Nigerian athlete Tobi Amusan did not commit any anti-doping rule violation (ADRV).
The statement issued by the CAS at the end of the hearing proceeding in Lausanne on 28 June 2024 reads:
The Court of Arbitration for Sport (CAS) has dismissed the appeals filed by World Athletics (WA) and by the World Anti-Doping Agency (WADA) against the decision issued on 17 August 2023 (the Challenged Decision) by the World Athletics Disciplinary Tribunal (WADT) in relation to the hurdler Oluwatobiloba (Tobi) Amusan (Nigeria).
Accordingly, the Challenged Decision in which the WADT considered that Tobi Amusan did not violate Rule 2.4 of the WA Anti-Doping Rules (WA ADR) and that no period of ineligibility should be imposed on the Athlete is confirmed.
The Athlete was initially charged with committing an Anti-Doping Rule Violation (ADRV) under Rule 2.4 WA ADR following three alleged Whereabouts Failures within a 12-month period.
In their respective appeal to CAS, WA and WADA had sought the imposition of a two-year period of ineligibility. The CAS Panel held a hearing on 19 January 2024. Having deliberated, the CAS Panel has issued its decision today dismissing both appeals.
The CAS Panel unanimously acknowledged that the Athlete committed two filing failures but did not confirm the existence of a missed test, alleged by WA and WADA, which would have been the third Whereabouts Failure committed within a 12-month period.
Accordingly, the CAS Panel concluded that the Athlete did not commit an ADRV and that the Challenged Decision should be confirmed.
The CAS statement went further to state that the reasoned award will be published by CAS unless the parties request confidentiality.
