CAS 2020_ADD_12 BWF vs Clement Krobakpo

CAS 2020/ADD/12 Badminton World Federation v. Clement Krobakpo

In July 2020 the Disciplinary Committee of the Organizing Committee of the African Games decided to disqualify the Nigerian badminton player Clement Krobakpo after his sample tested positive for the prohibited substances Clenbuterol, Heptaminol and Octodrine. The case was referred to the Badminton World Federation (BWF) and hereafter in August 2020 the BWF reported an anti-doping rule violation against the Athlete.

In September 2020 the BWF filed a request for Arbitration with the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD) as first-instance authority. The Sole Arbitrator renders a decision without a hearing based on the Parties' written submissions. 

The Athlete accepted the test result, admitted het violation and denied the intentional use of the substances. He could not explain the presence of the low concentration of Clenbuterol in his sample and suggested that imported contaminated meat in Nigeria had caused the positive test. Further he asserted that the energy drink Freedom Juice he had used was the source of Heptaminol and Octodrine. He had mentioned this product on the Doping Control Form while he was unaware that it contained the ingredient 2-aminoisoheptane (Octodrine). 

The BWF accepted that the energy drink Freed Juice was the source of the Heptaminol and Octodrine and that this violation was unintentional. Yet the BWF contended that the Athlete failed to establish the how the prohibited substance Clenbuterol had entered his system. 

The Sole Arbitrator concludes that the Athlete committed an anti-doping rule violation and that it is undisputed that the energy drink he had used was the source of the positive test. Further the Arbitrator holds that the Athlete only had offered speculation to explain the meat contamination and consequently that this defence must be rejected. Finally the Sole Arbitrator considers that there were substantial delays in the proceedings not attributed to the Athlete. 

Therefore the Court of Arbitration for Sport decides on 22 January 2021 that:

1. The request for arbitration filed by the Badminton World Federation on 25 September 2020 against Mr. Clement Krobakpo is upheld.
2. Mr. Clement Krobakpo committed an anti-doping rule violation in accordance with the Badminton World Federation’s Anti-Doping Rules applicable to the 2019 African Games in Rabat, Morocco.
3. Mr. Clement Krobakpo is sanctioned with a 4-year period of ineligibility starting from 16 October 2020.
4. All competitive results obtained by Mr. Clement Krobakpo from 25 August 2019 through the date of his provisional suspension are disqualified, with all resulting consequences, including forfeiture of medals, points and prizes.
5. (…).
6. (…).
7. All other motions or prayers for relief are dismissed.