Related cases:
- United States vs Eric Lira - Complaint
December 29, 2021 - World Athletics 2021 WA vs Blessing Okagbare (2)
June 26, 2022 - World Athletics 2023 WA vs Divine Oduduru
September 18, 2023
In July and in August 2021 the Athletics Integrity Unit (AIU) of World Athletics was informed that the samples of the Nigerian Athlete Blessing Okagbare - provided in June and July 2021 - tested positive for the prohibited substances Recombinant Erythropoietin (rhEPO) and Human Growth Hormone (hGH).
After notification a provisional suspension was ordered in July 2021 and the Athlete filed a statement in her defence. The Athlete denied the intentional use of the substances and provided several possible explanations for the presence of hGH in her samples, neither for the presence of rhEPO.
After the AIU had opened a wider investigation and a Demand was issued to provide relevant information in the Athlete's possession, she ultimately refused to provide her mobile telephone to the AIU as required under the Demand.
Consequently in September 2021 the AIU reported two anti-doping rule violations against the Athlete for the presence and use of rhEPO and hGH. In addition the Athlete was charged by the AIU for her refusal to comply immediately with the Demand.
Nevertheless the Athlete upheld her refusal to provide her mobile telephone to the AIU and the case was referred to the World Athletics Disciplinary Tribunal.
The AIU contended that the presence of hGH and rhEPO had been established in the Athlete's samples and accordingly that she had committed multiple anti-doping rule violations, including grounds for aggravating circumstances. Further the AIU contended that the Athlete had failed to comply with the Demand and failed to cooperate with its investigation.
In addition the AIU filed evidende, provided by the Federal Bureau of Investigation (FBI) regarding the case in the United States against Mr Eric Lira, involved in the distribution of prohibited substances to two athletes.
The FBI had scanned the Athlete's mobile telephone in August 2021 and incriminating text and voice messages send to Mr Lira showed clearly the Athlete's purchase of hGH and rhEPO and her evasion and tampering of sample collection in June 2021 resulting in a confirmed Missed Test.
The Athlete denied the intentional use of the substances and stated that she had a compelling justification for her refusal to provide her mobile telephone to the AIU. She claimed that the FBI evidence was inadmissible and alleged that the AIU had leaked information and breached her privacy. Further she asserted, supported by an expert witness, that there had been several departures of the ISTI and ISL that would invalidate the hGH and rhEPO testing results.
The Panel assessed the Athlete's testing results and concludes that the Athlete had not established any departures from the ISTI and ISL that could reasonably have caused the Adverse Analytical Findings for hGH and rhEPO. Accordingly the Panel is comfortably satisfied that the Athlete has committed the anti-doping rule violations for presence and use of hGH and rhEPO.
Contrary to the Athlete's assertions the Panel is comfortably satisfied that none of the matters raised by the Athlete justify her refusal to comply with the Demand and to cooperate with the AIU's investigation.
The Panel concludes that the Athlete intentionally had committed the anti-doping rule violations and is comfortably satisfied that has been established that the Athlete in the USA had purchased and received prohibited substances from Mr Lira.
The Panel finds that the filed FBI evidence is admissible and reliable and notes that their conlusions in this case are not dependent or bases upon this FBI evidence, yet this evidence significantly corroborate the Panel's conclusions.
Because of the Athlete's conduct the Panel deems that aggravating circumstances are justified for the imposition of a more severe sanction. In addition the seriousness of the Athlete's non-compliance with the Demand warrants the imposition of a proportional sanction in this matter.
Consequently the WA Disciplinary Tribunal decides on 14 February 2022:
- to impose a 5 year period of ineligibility for the presence and use of hGH and rhEPO;
- to impose a consecutive 5 year period of ineligibility on the Athlete for her failure to comply with the Demand and to cooperate with AIU investigation; and
- therefore a total 10 year period of ineligibility is imposed on the Athlete, starting on the 31 July 2021.
