IN THE DISCIPLINARY COMMITTEE
GHANA FOOTBALL ASSOCIATION
Protest Case: No. A -54- 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
Daniel Oduro - Secretary
NEW EDUBIASE UNITED FC vrs PROUD UNITED FC
PROTEST IN RESPECT OF THEIR MATCH DAY 18
GN BANK DIVISION ONE LEAGUE MATCH PLAYED AT SWEDRU
PROCEEDINGS
In accordance with Article 41.5 of the Ghana Football Association (GFA) Statutes and Articles 37(10)(a) to 37(10)(d) of the GFA General Regulations, the Disciplinary Committee (hereinafter referred to as “the Committee”) considered the depositions from New Edubiase United FC (hereinafter referred to as “the Petitioner”) and Proud United FC (hereinafter referred to as “the Respondent”) with their attachments and the reports of the match officials.
SUMMARY OF FACTS
CASE OF NEW EDUBIASE UNITED FC
New Edubiase United FC (the Petitioner) on Tuesday, June 27, 2017 lodged a protest against Proud United FC (the Respondent) for allegedly fielding an unqualified player (Nathaniel Ottopah in jersey No. 28) in their Matchday 18 GN Bank Division One League match played at Swedru on Wednesday, June 21, 2017 in contravention of Articles 29(1)(e), 29(2)(a), 34(1)(e) and 34(2) of the General Regulations of the GFA.
The Petitioner argued that at the time of the match in question, the said player of the Respondent had received three (3) cautions in the following matches and had not served the punishment for it:
Matchday 5 - against Bekwai Youth FC
Matchday 10 - against Hasaacas FC
Matchday 17 - against King Faisal FC
New Edubiase United FC consequently requested that Proud United FC must forfeit the match and urged the Disciplinary Committee to award the match points and three goals in their favour.
DEFENCE OF PROUD UNITED FC
The Respondent in their Statement of Defence to the Protest stated that the protest of New Edubiase United FC has no merits and ought to be dismissed.
Proud United FC stated that the protest was lodged out of time and also disputed the caution for the player on Matchday 5.
REPLY OF NEW EDUBIASE UNITED FC
In the Reply to the Statement of Defence of Proud United FC, New Edubiase United FC urged the Committee to rely on the match reports and also stated that the protest was not out of time.
FINDINGS AND GROUNDS OF THE DECISION
New Edubiase United FC on July 12, 2017 informed this Disciplinary Committee of the club’s withdrawal of the protest against Proud United FC through a letter signed by Alex Ackumey, the club Chief Executive Officer.
It is trite law that once a Petitioner withdraws his Petition, a Committee must immediately grant the wish of the Petitioner without going into the merit of the matter.
The Committee is however disturbed that clubs have taken the committee’s lenient posture to increase their “fishing” expeditions by filing protest when they may not be clothed with all the requisite evidence to do same.
It must be noted that in the instant case, the other party, Proud United FC have spent resources in order to file their Statement of Defence in this matter. Hence this Committee shall award cost against the Petitioner.
DECISION
The Committee therefore, makes the following decisions:
1. That the Protest brought by New Edubiase United FC against Proud United FC is hereby dismissed as withdrawn.
2. That cost of Two Thousand Ghana Cedis (GH¢2,000.00) is hereby awarded against New Edubiase United FC, 50% of which shall be in favour of Proud United FC, for wasting the time and resources of Proud United FC,
3. That the cost of Two Thousand Ghana Cedis (GH¢2,000.00) shall be payable to the GFA within 14 days upon receipt of this Ruling, failing which New Edubiase United FC shall forfeit its matches after the said deadline in accordance with Articles 39(8)(b) and 39(8)(d) of the First Amendment to the GFA General Regulations.
4. That the GFA shall immediately pay to Proud United FC their share of the cost - One Thousand Ghana Cedis (GH¢1,000.00) - stated in Decision 2 above upon receipt of same in accordance with this Decision.
5. That should any party be dissatisfied with or aggrieved by this Decision, the party has within three (3) days of being notified of this Ruling to appeal to the Appeals Committee of the Ghana Football Association {See Article 37(11) of the General Regulations of the GFA}.
Prosper Harrison Addo, Esq.
Chairman, Disciplinary Committee (A)
Friday, July 14, 2017
2 | Page