Malaysian Expert: '7 Naturalized Players May Be Banned From Returning If...'

Sports lawyer Nik Erman Nik Roseli has voiced concerns to the Football Association of Malaysia and the 7 naturalized players who were just reinstated by FIFA.

The fact that The Court of Arbitration for Sport (CAS) approved the suspension of the enforcement of the sanction allows the 7 naturalized players banned by FIFA to immediately return to playing. However, sports lawyer Nik Erman Nik Roseli warns that if the Football Association of Malaysia (FAM) loses the upcoming appeal, all points earned by the Malaysian national team in the 2027 Asian Cup qualifiers may be annulled, and the sanctions against the 7 naturalized players will be reinstated.

Nik Erman explained that this suspension is a temporary measure under Articles R48 and R37 of the CAS Code, permitting players to compete while their appeal is being reviewed. He noted that a request for suspension is usually filed alongside the appeal and must meet three legal criteria.

In an interview with the New Straits Times, Nik Erman stated: "First is the risk of irreparable harm to the players, meaning they would suffer damage that cannot be compensated later, such as lost playing time, if the appeal succeeds.

Second is the likelihood of success on appeal, where the appeal must show a reasonable chance of preliminary success, and third is the balance of interests, where the players’ rights must outweigh those of FIFA."

Nik Erman mentioned that such suspensions are not uncommon in football, citing a 2008 case where a four-month ban was suspended pending appeal. However, he emphasized that the suspension does not indicate how CAS will rule.

“This temporary order does not affect the final decision, as the arbitration panel only needs to assess enough to determine whether the appeal has a preliminary basis,” he said. “It should not be interpreted as a sign that the appeal will be successful.”

Nik Erman said that unless specifically restricted, the suspension usually allows players to resume all football activities, including playing for clubs, the national team, and transfers.“If the appeal is rejected, the suspension will be reinstated,” he added.

More importantly, Nik Erman noted that matches played during this temporary period could be affected if the final ruling goes against the players.

“If the appeal is dismissed, results of matches involving the banned players will be voided, similar to previous cases ruled by FIFA,” he explained.

Should CAS issue an unfavorable verdict, the 7 naturalized players will likely have to serve the 12-month ban, and the Malaysian national team will face related penalties. The Asian Football Confederation (AFC) would then have jurisdiction, potentially awarding Malaysia 0-3 losses in the two matches where the accused players participated, against Nepal and Vietnam in Group F of the 2027 Asian Cup qualifiers.

Currently, Malaysia leads Group F with 15 points from 5 matches. Vietnam follows closely with 12 points, while Laos has 3 points, and Nepal has yet to earn any.

In the final round of the 2027 Asian Cup qualifiers, the "Malayan Tigers" will travel to Thien Truong Stadium to face Vietnam on March 31.