You are here
Home > Division Two League > GFA DISCIPLINARY COMMITTEE UPHOLD DECISION BY BRONG AHAFO RFA

GFA DISCIPLINARY COMMITTEE UPHOLD DECISION BY BRONG AHAFO RFA

The GFA Disciplinary Committee has upheld the decision of the Brong Ahafo RFA Disciplinary Committee in the case between Nsoatre Stars FC and Bec Tero Sasana FC.

IN THE DISCIPLINARY COMMITTEE
OF THE GHANA FOOTBALL ASSOCIATION
(SITTING AS AN APPELLATE COMMITTEE)

 

Protest Case: No. A 90- 2017
CORAM
1. Prosper Harrison Addo, Esq. – Chairman
2. Eva Okyere, Esq. – Vice Chairperson
3. Osei Kwadwo Addo, Esq. – Member
4. W.O.1 J. W. Amoo – Member
5. Alex Kotey – Member

William Bossman – Secretary

 

NSOATRE STARS FOOTBALL CLUB vrs BEC TERO SASANA FOOTBALL CLUB

AN APPEAL AGAINST THE DECISION OF THE DISCIPLINARY COMMITTEE
OF THE BRONG AHAFO REGIONAL FOOTBALLL ASSOCIATION DATED AUGUST 4, 2017

 

PROCEEDINGS
In accordance with Article 41.6 of the GFA Statutes and Articles 37(10)(a) to 37(10)(h) of the Ghana Football Association (GFA) General Regulations, this Disciplinary Committee (the Appellate Committee) considered the depositions from Nsoatre Stars Football Club (Appellant), Bec Tero Sasana Football Club (Respondent) and the record of proceedings from the Disciplinary Committee of the Brong Ahafo Regional Football Association (BARFA DC).

SUMMARY OF FACTS

CASE OF NSOATRE STARS FC
Nsoatre Stars FC (the Appellant) filed this appeal to overturn the decision of the Disciplinary Committee of the Brong Ahafo Regional Football Association delivered on August 4, 2017 which dismissed the protest filed by Nsoatre Stars FC against Bec Tero Sasana FC for allegedly failing to produce the licences of the players during inspection in their Division Two League match played between the two clubs.

In their Statement of Case of the Appeal, Nsoatre Stars FC stated that the BARFA DC erred in its Decision contrary to various regulations of Article 16 of the General Regulations. The Appellant argued that the Respondent failed to produce the licences of nine (9) of its players and photographs were taken of the players with match officials.

The Appellant also argued that Bec Tero Sasana FC had 72 hours to produce the cards to the RFA Secretariat for rectification and also pay a fine of GHc75.00. The Appellant claimed that they believe the Respondent did not produce the cards from their investigations. Nsoatre Stars FC further claimed that they do not believe the evidence from the Secretary of the RFA to the BARFA DC that Bec Tero Sasana FC produced the cards within the stipulated time but failed pay the fine.

Nsoatre Stars FC further argued that the Respondent was in violation of Article 16(5)(a) of the GFA General Regulations which damages a payment of a fine for a failure to produce the cards for inspection.

Nsoatre Stars FC subsequently urged the Appellate Committee to overturn the ruling of the BARFA DC and award Nsoatre Stars FC with 3 goals and 3 points.
RESPONSE TO STATEMENT OF CASE – APPEAL BY BEC TERO SASANA FC
In its Statement of Defence, Bec Tero Sasana FC stated that the case Appellate appeal has no merit and ought to be struck out.

Bec Tero Sasana FC argued that the club produced the player licences of the nine players to the BARFA secretariat on Thursday July 6, 2017 and also paid for the fine of GHc75 (receipt attached). The Respondent stated that the match was played on Sunday, July 2, 2017 and with Monday, July 3, 2017 being the Republic Day holiday, therefore July 6, 2017 was within the stipulated.

Bec Tero Sasana FC stated that the BARFA Disciplinary Committee was right to have dismissed the protest and urged the Committee to affirm the decision.

REPLY – APPEAL BY NSOATRE STARS FC
In its Reply, Nsoatre Stars FC quoted Article 16(5)(b) of the General Regulations as follows:

“where the defaulting teams fails to produce the license of the of the player(s) concerned within the stipulated three (3) days, it shall forfeit the match”.

The Appellant stated further alleged that the receipt “was given out of time” and urged the Committee to investigate their claim of forgery of the receipt and impose sanctions.

FINDINGS AND GROUNDS OF THE DECISION
This Committee notes that this matter is before it in pursuant to the provision of Article 41(6) of the GFA Statute. The said regulation provides as follows:
“An appeal against a decision of the Disciplinary Committee of the Regional Football Association shall be heard by the GFA Disciplinary Committee as an appellate Committee whose decision shall be final”.

PROCEDURAL ISSUE
This Appellate Committee has considered all the documents and correspondence in this matter and notes that all but only one Disciplinary Committee members signed the Decision. This Committee wishes to draw the attention of Disciplinary Committee of the Brong Ahafo Regional Football Association to Article 89 of the Disciplinary Code of the GFA entitled Form and Contents of the Decision.

Article 89(1) of the Disciplinary Code of the GFA states as follows:
”without prejudice to the application of Article 116 of FIFA Disciplinary Committee. The decision contains:
a) The composition of the committee;
b) The names of the parties;
c) A summary of the facts;
d) The grounds of the decision;
e) The provisions on which the decision was based;
f) The terms of the decision”.

Of utmost importance is Article 89(2) of the Disciplinary Code of the GFA which states that “the decisions are signed by the Chairman”. It is very clear to this Committee that only the person who chaired the Committee must signed the Decision. One must not also lose sight of the fact that it is only the Chairman or in his/her absence the Vice Chairman shall chair the Committee meeting.

SUBSTANTIVE ISSUE
On the substantive issue, this Appellant Committee agrees with the findings of fact of the BARFA DC in the decision delivered on August 4, 2017. This Appellate Committee does not agree with Nsoatre Stars FC on Article 16(5)(b) of the General Regulations as quoted by the Appellant.

The issue that engaged the attention of this Committee was the regulation under which Nsoatre Stars FC brought the instant appeal before the Committee.
The Appellant quoted Article 16(5)(b) of the General Regulations as follows:
“where the defaulting teams fails to produce the license of the of the player(s) concerned within the stipulated three (3) days, it shall forfeit the match”.

Unfortunately for the Appellant, the Congress of the Ghana Football Association has long amended the said regulation. The current Article 16(5)(b) of the General Regulations states as follows:
“where the defaulting team fails to produce the license of the player(s) concerned within the stipulated three (3) days, the defaulting team shall be sanctioned by the Disciplinary Committee of the GFA”.

It must be noted that it is no more automatic that failure to produce player licences within three days leads to a forfeiture of a match until or unless it is proven by the protesting club that the said player was not registered or qualified players of the club in question or were facing a ban. It would be strange for a registered and qualified player whose card was not presented for inspection to result in a club losing a match when a fine is the best sanction to apply in this situation.

In the instant matter, the cards were not produced at the match but the cards were presented to the BARFA within the stipulated time. The Appellant is not before this Committee under article 34(1) of the GFA General Regulations on forfeiture yet demands that this Committee should order the forfeiture of the match by the Respondent and ward them 3 points and 3 goals. This request is thus not supported by both the facts and the law.

It is the considered view of this Appellate Committee that the BARFA DC was right in its holding.

Consequently, the appeal filed by Nsoatre Stars FC against Bec Tero Sasana FC shall fail.

DECISION

This Disciplinary Committee (sitting as an appellant committee) therefore makes the following decisions:

1. That the appeal lacks merit and is therefore dismissed. The decision of the BARFA Disciplinary Committee is hereby upheld.

2. That no cost is awarded.

3. This Decision is final in accordance with Article 41(6) of the GFA Statutes.

Prosper Harrison Addo, Esq.
Chairman, Disciplinary Committee (A)
Monday, October 9, 2017

 

 

Leave a Reply

Top
%d bloggers like this: