Abstract:
This article explores the legal and ethical dimensions of anti-doping enforcement in football, with a focus on the FIFA Disciplinary Code and the World Anti-Doping Code. Through doctrinal analysis and scholarly critique, it questions whether current frameworks effectively distinguish individual fault from systemic shortcomings. It argues that the prevailing punitive approach often compromises athlete welfare and legal certainty, and calls for a more balanced regime grounded in justice, proportionality, and human dignity.
1.0 INTRODUCTION
The issue of doping in football has become a growing concern in recent years, threatening the integrity of Sport and health of it’s athletes. As the incidence of doping in football continues to rise, it raises profound legal and ethical concerns that threaten the integrity of the sport. Beyond the immediate disciplinary measures, these cases cast a long shadow over what is often referred to as the beautiful game. Not long after the reduction in the suspension of French international and ex-Juventus midfielder, Paul Labile Pogba, a fresh concern arose at the Bridge where Chelsea’s Ukrainian winger, Mykhailo Mudryk, faced doping allegations.
Despite its growing prevalence, the concept of doping remains without a universally accepted definition. Doping has been defined distinctly in plethora publications based on each writers diction and comprehension. Doping may be defined as the practice of using drugs to affect performance in a race or other sports. Also, The Beckmann’s sports dictionary describes doping as the use of performance-enhancing substances, which would place the athlete in a better position than that he would otherwise achieve.
Moreover, The first official definition of doping dates back to 1963, when it was defined by the European Committee Council as the use of substances or physiological mediators that are not normally present in the human body, introduced as an external aid to improve the athletes’ performance during a competition. From this perspective, it is clear and Unequivocal that doping undermines not only the credibility and competitive nature of the game, but also erodes the trust of fans, sponsors, especially the young aspiring athletes who see football players as heroes and role models.
2.0 LEGAL PERSPECTIVES OF DOPING IN FOOTBALL
In the early nineteenth century, Greek athletes were known to use varieties of performance enhancing potion at the time, such as; Strychnine, caffeine, cocaine, and alcohol in pursuance of fortification and enhancement in their performance level beyond normal human capabilities. This hateful behaviour by sportsmen in the early nineteenth century, unsurprisingly, resulted to the tragic death of a Danish cyclist, Knud Enemark Jensen during 1960 Olympic Games in Rome, where autopsy revealed traces of amphetamine. A stimulant drugs that speeds up messages between the brain and the body
However tragic, Jensen’s preventable death at the 1960 Olympics served as a wake-up call, increasing pressure on stakeholders and sports authorities, particularly the Football Association (FIFA), to introduce drug tests, thereby solidifying it with laws for effective implementation.
Faced with mounting pressure, FIFA introduced its anti-doping policy during the 1966 World Championship, becoming a trailblazer among international sports bodies. This milestone paved the way for larger platform for broader initiatives, prompting the International Olympic Committee (IOC) to push for a global framework. Following the inaugural World Conference on Doping in Lausanne, Switzerland, the World Anti-Doping Agency (WADA) was created in 1999 as an independent organization committed to scientific research, education, and the development of anti-doping protocols to combat drug use in sports.
In it’s war against doping, the federation International de Football Association (FIFA) outlined the primary objectives of doping control in the 2021 edition of the Anti-Doping Regulations. Three basic principles were emphatically stressed in the regulation. They are, protecting players’ physical and mental health, upholding the sport’s ethical values, and ensuring equal opportunities for all Competitors . Moreover, FIFA Anti-Doping Regulations for 2021 includes critical measures like, sanctions, testing protocols, player selection for testing, provisions for fair hearing to mention a few.
Notably, Article 64 of the FIFA Anti-Doping Regulations 2021 guarantees that any player or anyone accused of breaking anti-doping regulations is given a fair hearing before the FIFA Disciplinary Committee within a reasonable period. This procedure adheres to the FIFA Disciplinary Code and the International Standard for Results Management, preserving the values of justice and procedural fairness.
At a broader scenery, the federation international de football association-doping rules (2021) represents a commendable advancement in global sports regulation. However, this writer contends that significant gaps remain in both their implementation and measurable impact.
Although, the regulation mark a step toward greater accountability and consistency, yet their effectiveness cannot be presumed merely by their promulgation. A deeper evaluation is required, particularly, one that scrutinizes how these rules operate in practice in relation to the rights and welfare of athletes.
This study would be unavoidably incomplete if it did not address anti-doping rules in the Nigerian jurisdiction. Although Nigeria is yet to formalize a complete framework, there has been a tremendous progress in this regard.
The Nigerian 10th Senate assembly recently passed the anti-doping bill, which was transmitted by President Bola Ahmed Tinubu, taking a major step towards regulating the use of performance-enhancing substances in sports. Evidently, this move demonstrates a growing commitment to aligning with global standards and ensuring fairness and integrity in Nigerian sporting world.
Unsurprisingly, the bill seeks to establish a legislative framework for Nigeria’s national anti-doping Organization, ensuring compliance with the International Convention against Doping in Sports. It also seeks to create the Nigeria anti-Doping centre to enforce Nigeria’s obligations under the World Anti-Doping Code and the UNESCO Convention against doping in sports, paving the way for stronger anti-doping regulations in the country.
3.0 ETHICAL PERSPECTIVES OF DOPING IN FOOTBALL
Football Players bear a profound moral responsibility not only to themselves, but to their fellow athlete, spectators and the global community that values the game. This responsibility beckons commitment, integrity and hard work where actions on and off the pitch reflects the values of honesty and fair play.
However, doping is a direct betrayal of this moral duty. It’s not just a legal violation, but a deliberate act of dishonesty that tarnishes the spirit of competition and disrespects the hard work and effort of others. When doping incident emerges, they spark public indignation, as they violate the trust that binds players, fans, and the game itself. However, doping is largely viewed as morally and ethically reprehensible—a form of cheating that undermines the essence of sport and warrants strict consequences for those involved.
Furthermore, doping in football is not just rule-breaking, but a betrayal of the trust that makes the game special. Football thrives on the etiquettes of fairness, players competing equally, relying on skill and determination to define the outcome. However, a sole act of doping taints these etiquettes, casting a ray of doubt on performances and denying honest players the recognition they deserve. This fact alone elevates it beyond a legal infringement to a moral and ethical failing that affects players, fans, and the sport’s integrity.
Whether driven by a fear of failure, misguided advice from a coach or medical expert, a desire to speed up recovery from injury, or pure ignorance, the act of doping in football has a universal effect that is repulsive to the ideals of the sport. This conduct clearly contravenes FIFA’s fundamental principles, which prioritize safeguarding players’ physical health and mental integrity, while prioritizing the ethical standards of the game, and ensuring that all competitors participate on an equal and fair footing.
In his groundbreaking book paternalism, drugs and the nature of sport , Brown provided a shade viewpoint on the morality and ethics of football doping. He contends that the crux of the ethical dilemma of doping lies not in the act of drug use itself but in the appropriateness of such substances within the context of sports. This argument shifts the discourse from a rigid condemnation of doping to a more reflective analysis of its compatibility with the principles and objectives of competitive sports.
Similarly, Simon, in his work entitled Good Competition and Drug-Enhanced Performance, questions why the use of performance-enhancing drugs is deemed impermissible, suggesting that athletes should have the liberty to pursue excellence by any means they choose.
The former argument clearly moves the discussion of doping to its “appropriateness” in sports, offering an interesting viewpoint but failing to consider the wider picture. Doping doesn’t just alter performance; it distorts fairness, turning sports into a contests of pharmaceutical access rather than skill and effort.
Furthermore, this writer sees Brown’s technique of appropriateness as a motivator for players to risk their health in order to stay competitive. Brown’s work was caught up in his idealized world of appropriateness, while been oblivious of the consequences of his postulation, which includes inequity, reduced athlete welfare, and lost trust. On this note, Brown’s case for reconsidering doping norms falls flat against the principles of fair play and integrity that define the game of football
In the same vein, Simon’s appeal for unrestrained performance improvement, strikes this writer as audacious, but as one might expect, wrong. While the concept of limitless pursuit of excellence sounds enticing, it undermines the very soul of the games fairness, discipline, and mutual respect. Doping in all sports, particularly football should be discouraged because it turns competition into a pharmacological arms race, undermining the authenticity and trust that supporters rely on to bring communities together. Simon’s argument, is not only provocative, but sacrifices the collective spirit of sports for an individualized ideal that threatens to hollow out its essence.
4.0 SHORTCOMINGS IN THE CURRENT FOOTBALL ANTI-DOPING SYSTEM
No rule or regulation can be flawless since they are human creations formed by finite information, subjective viewpoints, and the intricacies of ever-changing society dynamics. Thereby, reflecting the inherent flaws of all human endeavours. The FIFA Anti-Doping Code 2021 is not immune to the human attribute of imperfection, as we shall attempt to identify flaws in the regulations.
4.1 costly to implement; The current global anti-doping framework, though designed to uphold fairness and integrity in sport, has increasingly drawn criticism for its burdensome cost. Empirical data reveals that the average financial burden incurred per Anti-Doping Rule Violation (ADRV) which encompasses sample collection, laboratory analysis, result management, adjudication, and potential appeals approximately cost a whooping sum of $69,300.
Notwithstanding this substantial expenditure, independent research literature suggest that the system remains largely ineffective in effectively detecting doping violations. This reality invites critical reflection on the legal and ethical justification of such a framework, especially in light of fundamental rights to privacy, due process, and the principle of proportionality that underpin
4.2 exclusion of some sovereign states in it’s implementation Process; This shortcoming reflects the World anti-doping code failure to integrate diverse regional voices, and the universality of global governance in anti-doping measures, particularly in African sovereign states.
While South -Africa was invited, no other African state participated, leaving the process predominantly influenced by Western views. This exclusion of African countries from the early stages of the World anti-doping code formation limited their role in shaping global anti-doping policies, yet they are still bound by its strict compliance standards.
4.3 relying majorly on action rather than intent as a yardstick for liability; it is a trite principle of law that intention (Mens rea) plays a critical role in determining culpability. While strict liability often governs anti-doping rules, justice in sport requires a deeper inquiry into the athlete’s state of mind. An individual who deliberately uses performance-enhancing drugs to gain an unfair advantage should be placed on a different moral and legal ground than one who unknowingly takes a banned substance due to misinformation or lack of education.
Since no adjudicatory body is endowed with mind-reading powers, intent is often inferred from surrounding circumstances such as the athlete’s conduct, level of access to professional guidance, and response upon discovery. By taking intent seriously, we uphold not only the letter of the law but the core values of fairness and integrity that define the spirit of competition.
4.4 failure to incorporate emerging issues; The World Anti-Doping Code, though robust, is increasingly challenged by emerging technologies that exploit its regulatory limitations. Two of the most pressing threats are gene doping and micro-dosing. Gene doping involves the non-therapeutic use of gene editing or gene transfer techniques to enhance athletic performance—such as altering muscle growth or oxygen delivery systems at the genetic level. Micro-dosing, on the other hand, refers to the administration of very small amounts of banned substances at carefully timed intervals to avoid detection during standard testing windows.
These sophisticated methods are difficult to detect using conventional tools and expose gaps in current enforcement strategies. With the rapid advancement of artificial intelligence (AI), there is now an opportunity to strengthen anti-doping measures through more precise testing algorithms, predictive data analysis, and real-time monitoring.
5.0 RECOMMENDATIONS;
To truly tackle the issue of doping in sports, we must go beyond policies and procedures to address the values that define fair competition and integrity. While organizations like the World Anti-Doping Agency (WADA) have made commendable efforts, I strongly believe that there is still more to be done in protecting the spirit of sportsmanship.
The first weapon to use in tackling doping is acknowledgement. We must accept doping as a fact. Thereby, quit basking in ignorance and the nonchalant notion that doping do not exist. Also an individual who aims to change the world at large must first start in our immediate environment and society.
Also, It is a mistake to assume that doping is only a concern at the elite level of professional football. In rural communities, where access to accurate information is limited and regulatory oversight is virtually non-existent, individuals may unknowingly engage in doping practices which is often driven by ambition, misinformation, or peer influence.
Therefore, it is imperative that anti-doping measures extend beyond urban centres and professional clubs as protecting the integrity of football begins with ensuring that every player, regardless of geography or status, understands the rules and risks Involved. In this light, grassroots education is not merely an add-on, but a legal and moral necessity.
The Football Association (FIFA) should provide information about the dangers of Doping to health. From pamphlets, Billboards, Stadium stands and other eye catchy locations. The football association should create brief and informative content on what doping actually entails and it’s consequences in the event of being nabbed.
Research has shown that a chunk of doping by football players was triggered by a coach or perhaps a top official. Football Association (FIFA) and other working agency on doping should work on the issue of imposing more severe action to be taken not only of Athletes but also on coaches and leaders having been found guilty of introducing doping agents to athletes
6.0 CONCLUSIONS;
Finally and conclusively, this writer contends that doping in football is more than just a breach of the rules, because it reflects the immense pressure on players to perform at the highest level. While strict regulations and testing are crucial, the real solution lies in a system that prioritizes education, mental health, and ethical responsibility.
Is doping simply foul play, or does it reveal deeper flaws in the system? It is the submission of this writer that the act falls within both realm. But one thing remains clear: football thrives on passion, resilience, and integrity. However, protecting these values requires more than just enforcement as it demands understanding, reform, and a commitment to supporting players in making the right choices.
References:
“Oxford Dictionary” (2009) <https://www.oxfordlearnersdictionaries.com/definition/english/doping.>8. Accessed December 18 2024
Alexandru Robert, Hancu Gabriel and Cosmin Gabriel, “Doping in Sports, a Never-Ending Story?” [2018] National Library of Medicine< https://pmc.ncbi.nlm.nih.gov/articles/PMC6311632/.> Accessed December 18 2024
Ibid
T Graf Baumann, “Medico legal Aspects of Doping in Football” [2006] British Journal of Sport Medicine <https://pmc.ncbi.nlm.nih.gov/articles/PMC2657503/> Accessed December 19, 2024
Ibid
Ibid
“World Anti-Doping Agency” (2021) < https://ita.sport/partner/world-anti-doping-agency-wada/> Accessed December 20, 2024.
Ibid
Godsgift Onyedinefu,, “Senate Passes National Anti-Doping Bill – Businessday NG” (Businessday NG, June 6, 2024)< https://www.google.com/amp/s/businessday.ng/news/article/senate-pass-national-anti-doping-bill/%3famp.> Accessed December 24, 2024
Ibid
Ibid
Heather Dyke, “Why Is Doping Wrong Anyway?” (Department of philosophy, logic and scientific Method, August 17, 2016) <https://www.lse.ac.uk/philosophy/blog/2016/08/17/why-is-doping-wrong-anyway/> Accessed December 24, 2024.
Ibid
“FIFA.Com” <https://inside.fifa.com/legal/anti-doping> . Accessed December 24, 2024
Ibid
Brown, “Paternalism, Drug and the Nature of Sport” (2012) Volume 11 Journal of the Philosophy of Sports <https://www.tandfonline.com/toc/rjps20/11/1.> Accessed December 26 2024.
Warren P. Farleigh, “Performance-Enhancing Drugs in Sport: The Ethical Issue” (1985) XI journal of the philosophy of sport 23https://www.doping.nl/media/kb/7115/Fraleigh%201985.pdf. Accessed December 26, 2024.
Wolfgang Maennig, “Inefficiency of the Anti-Doping System: Cost Reduction Proposals” (2014) 49 Substance Use & Misuse 1201 https://doi.org/10.3109/10826084.2014.912065. Accessed December 31, 2024.
Ibid
Jonathan Ruwuya, Byron Omwando Juma and Jules Woolf, “Challenges Associated with Implementing Anti-Doping Policy and Programs in Africa” (2022) 4 Frontiers in Sports and Active Living <https://doi.org/10.3389/fspor.2022.966559> Accessed December 31, 2024
Ibid
Svein Oseid and others, “Doping and Athletes-Prevention and Counseling” (1984). Accessed February 2, 2025
About the Author:
Aminu Ashraf is a passionate writer and law student with a keen interest in Alternative Dispute Resolution, Taxation Law, and legal reform. He explores legal, social, and ethical issues through thoughtful and engaging Legal research.