Johannesburg - Sport's highest court dismissed an urgent appeal from the Togo Football Federation on Thursday to be included in the qualifying draw for the 2012 African Cup of Nations.
The draw is on Saturday at Lubumbashi, Congo for the 2012 finals to be co-hosted by Gabon and Equatorial Guinea.
Togo will not be in the draw because the African Football Confederation suspended it from the 2012 and 2014 African Cups, citing political interference. After gunmen attacked the Togo team bus and killed two officials en route to last month's tournament in Angola, the team agreed to stay and play but the Togo government ordered the players home.
The Court of Arbitration for Sport ruled "there was no risk of irreparable harm" for now of Togo being excluded from Saturday's draw.
It added that should Togo win its appeal to CAS against CAF's suspension - that hearing should be in the spring - then CAS said there was time for Togo to be included in a new draw before qualifying starts in September.