Sports lawyer Nik Erman Nik Roseli believes that FAM is unlikely to succeed in its appeal to FIFA regarding the illegal naturalization sanctions.
On October 7, the Malaysian Football Association (FAM) announced it would file an appeal to FIFA concerning the seven players who were illegally naturalized. FAM also asserted that FIFA's investigation into this matter is inaccurate and baseless.
However, according to Malaysian sports lawyer Nik Erman Nik Roseli, FAM's appeal path is fraught with legal obstacles.
Speaking to NST, Nik Erman explained that the core of FIFA’s case is based on strict liability principles and the independent duty of national associations to verify players' eligibility, leaving little room for FAM to argue that they relied on government confirmation.
"Strict liability offenses are those committed unintentionally and unknowingly. Whether FAM or the players knew about the forged documents is legally irrelevant since the offense lies in submitting the documents.
FAM still holds an independent responsibility to ensure players are eligible to represent Malaysia. FAM cannot shift this responsibility to the National Registration Department (NRD).", NST quoted the lawyer as saying.
Nik Erman also rejected FAM’s claim that the violation was merely a "technical" issue and that the players are legitimate Malaysians: "The question is not whether they are Malaysian citizens under national law. FIFA does not question the NRD's citizenship issuance. They are questioning the players' eligibility to play for Malaysia under FIFA regulations."
He stated that even if the players can prove their Malaysian origins through other lawful means, FIFA’s decision could still stand because it is based on the initially submitted forged documents.
"FIFA noted they were able to obtain the genuine birth certificates 'without any difficulty,' raising concerns about FAM's verification process. The biggest question in fans’ minds is how FIFA obtained the documents when NRD did not?"
He added that FIFA’s investigations are conducted under the Disciplinary Code, allowing for written inquiries, involvement of forensic experts, and requests for documents from third parties. These broad powers enable FIFA to act beyond national jurisdictions.
The lawyer also said that despite many hurdles, appealing is necessary to protect national interests. However, he emphasized that FAM needs to present a detailed and credible defense rather than vague claims of administrative errors.
"It is best to avoid defenses like 'I didn’t know' or 'I had no intent.' The focus should be on demonstrating genuine due diligence and debating the proportionality of the sanctions."