IN THE DISCIPLINARY COMMITTEE

GHANA FOOTBALL ASSOCIATION

Misconduct Case: No. M 24–2017

CORAM

  1. Prosper Harrison Addo, Esq.-Chairman

2.Eva Okyere, Esq.-Vice Chairperson

3. W.O.1 J. W. Amoo-Member

4.Alex Kotey-Member

Emmanuel Newton Dasoberi-Secretary

IN ATTENDANCE

Raphael Tottimeh - GFA Prosecutor

GHANA FOOTBALL ASSOCIATION vrsPAGA JAPAN STARS FC

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IN THE MATTER OF A MISCONDUCT CHARGE AGAINST PAGA JAPAN STARS FC FOR FAILING TO HONOURTHREE (3) CONSECUTIVE LEAGUE MATCHES

(MATCH DAYS 8, 9 AND 10)IN ZONE ONE OF THE GN BANK DIVISION ONE LEAGUE

THE CHARGE

Paga Japan Stars FC wascharged with one count as per the Charge Sheet as follows:

CHARGE ONE

Statement of Offence

Paga Japan Stars FC is hereby charged for a breach of Articles 6, 7 especially 7(3) of the GFA Division One League Special Regulations and Article 14 of the GFA General Regulations.

Particulars of the Offence:

After your Matchday 7 GN Bank Division One League match against Steadfast FC on April 1, 2017, you have failed to honour any subsequent matches of the league, to wit: Match Days 8, 9 and 10 in violation of the GFA Division One League Special Regulations adopted by the Congress on 30th December, 2014 and the GFA General Regulations.

DEFENCE

Paga Japan Stars FCdid not attend the hearing of the Disciplinary Committee but sent the club’s Statement of Defence to the GFA in response to the Charge dated April 26, 2017and signed by the Club Secretary, Abdul RazakYidana.

PROCEEDINGS AND FINDINGS

The Committee examined the depositions in the Charge Sheet, the Statement of Defence of Paga Japan Stars FC and the reports of the match officials for the matches concerned presented by the GFA Prosecutor.

In the club’sStatement of Defence to the Charge, Paga Japan Stars FC stated:-

“The club has the desire to continue in the GN Bank Division One League after failing to honour the match with Unity FC”.

“We wish to categorically apologise for all manner of misconduct, offences and inconveniences that the club might have caused at the GN Bank Division One League and the GFA as a whole” the club stated.

The club continued that:-

“We plead guilty to the charge metted out to us and also we know very well that it is a constitutional instrument or requirement that if a team fails to perform their obligatory duties then that particular team should be taken to task, but we are appealing to the Disciplinary Committee to as a matter of urgency give us a pardon from their high office, for the sake of the situation in which we find our self currently”.

Paga Japan Stars FC concluded their Statement of Defence as follows:-

“We apologized most sincerely to the GFA, the DOLB and all our opponents for the inconvenience caused, and I hope the FA and its Disciplinary Committee and the Division One League Board will temper mercy and sympathize with the club predicament”.

The Committee considered all the evidence and holds that it will side with Article 85 of the Disciplinary Code on the facts stated in the match report and the evidence given by the prosecution on this occasion but the Committee also took due cognisance of the admission of guilt by Paga Japan Stars FC.

In respect of the charge,Article 6 and 7 of the Division One League Special Regulations and Article 14 of the GFA General Regulations are very relevant provisions to this matter.

The relevant portions of Article 6 of the Division One League Special Regulations states as follows:

6.1It shall be misconduct for a Club to withdraw from the Division One League after the league has commenced without just cause.

6.4A Club failing to give satisfactory reason for withdrawing from the league without first obtaining the consent of the GFA, shall not be allowed to enter the league the following season.

Article7(3) of the Division One League Special Regulations states as follows:

7.3Where a Club fails to honour three (3)leagues without JUST CAUSE it shall be deemed to have withdrawn from the league and the necessary sanctions under withdrawal shall apply” (emphasises mine).

These provisions are emphasised by similar provision under Article 14of the GFA General Regulations and are very clear and unambiguous.

It is very clear from Article 7(3) of the Division One League Special Regulations that for the charge to succeed, the prosecution must prove that:

  1. the club had failed to honour three (3) consecutive matches in the competition; and
  2. the failure to honour the matches were without just cause.

It must be noted that once the above conditions or requirements have been proved, it is mandatory for this Committee to conclude that the club has withdrawn from the completion because of the mandatory “SHALL”in the provision as passed by the Congress of the GFA.

It must also be noted also that irrespective of what the Committee thinks of the said provision, the Committee is duty bound to apply the express provisions of the members of the football family as passed by more than three-fourth of stakeholders present and voting at the GFA Congress.

For requirement or ingredient (a) above, it is not in doubt that the club failed to honour the clubs last four matches (Match Days 8, 9 and 10). It is worthy of note that the club did not challenge this assertion from the GFA Prosecutor but the club also affirmed the fact. Paga Japan Stars FC in their Statement of Defence admitted the charge.

It is the finding of this Committee from the evidence (the match reports of both the Match Commissioners and the Match Referees of the said matches) that the club did not attend the pre-match technical meetings and also failed to honour the matches.

Now, on the second ingredient of whether or not the failure by Paga Japan Stars FC to honour the three (3) matches were without just cause, we wish to refer to the concluding sentence of Article 7(2) and Article 7(4) of the Special Regulations of the Division One League.

The said provisions states as follows:

7.2“Any Club that fails to honour any match without just cause shall be guilty of an offence punishable by forfeiture.FORCE MAJEURE SHALL BE CONSIDERED A JUST CAUSE”.

7.4“For the avoidance of doubt, non-availability or break down of a vehicle for travelling shall not be considered a force majeure”.

This Committee’s position on the term “force majeure” were clearly stated in the Disciplinary Committee decision in the Protest Case of FC Samartex 1996 vrs King Faisal FC dated Monday, August 8, 2016 and the Committee see no reason to depart from those words.

The said pronouncements are reproduced below as follows:

“The Disciplinary Committee wishes to point out clearly that the term force majeure relates events due to causes that are outside the control of clubs, such as natural disasters or epidemic as announced by national authorities, that could not be evaded through the exercise of due care by the clubs. It must be an event that no human foresight could anticipate or which, if anticipated, is too strong to be controlled or plan alternatives. Reference is made to such an event as such war, flood, hurricane that may reasonably relieve a team from the obligation to honour a sanctioned match as required by Article 7(1) of the Division One League Special Regulations and Article 14(1) of the GFA General Regulations”.

We daresay that after considering the full contents of the Statement of Defence of Paga Japan Stars FC carefully, this Committee finds no trace whatsoever of just cause or/and force majeure as no reason has been offered for the club’s failure to honour the three matches.

It is evident that from the provision Article 14 of the General Regulations and Articles 6 and 7 of the Division One Special Regulations the consequences of falling foul to the provisionsare dire because the misconduct or action affects so many participants in the leagues, the GFA and its publics.

The consequences include but not limited to expulsion, club ban,refund any expenses incurredby the GFA on the club such as referee fees, refund of share of the sponsorship fee, bans for club shareholders and directors and declaring the players of the defunct club as flouting players.

These consequences are stated in Article 6 of the Special Regulations, the new Article 14(3) of the General Regulations passed by the GFA Congress on November 9, 2015.

The Division One League Special Regulations states as follows:

6.2Any Club intending to withdraw from the league must give notice of its intention to do so to the GFA not later than eight (8) days before the commencement of the League. Should a Club fail to comply with this rule the Association shall have the power to compel SUCH OFFENDING CLUB TO REFUND ANY EXPENSES INCURRED AND TAKE SUCH FURTHER ACTION AS IT MAY DEEM FIT.

6.3Without prejudice to any provision in these Regulations, the GFA reserves the right to take appropriate disciplinary action, INCLUDING EXPULSION, against any Club which withdraws from the League after it has started without just cause.

6.4A Club failing to give satisfactory reason for withdrawing from the league without first obtaining the consent of the GFA, SHALL NOT BE ALLOWED TO ENTER THE LEAGUE THE FOLLOWING SEASON.

Also, the new Article 14(3) of the GFA General Regulations as follows:

14.3“Without prejudice to any provision in these Regulations, the Disciplinary Committee shall have the right to take appropriate disciplinary decision, including but not limited to an imposition of a ban or a demotion against any club which withdraws from a competition or fails to honour any match without just cause and MAY ALSO IMPOSE A BAN ON ITS OFFICIALS FROM TAKING PART IN FOOTBALL ACTIVITIES FOR A SPECIFIED PERIOD”.

The Disciplinary Committee is satisfied with the evidence before it that the conduct of Paga Japan Stars FC amounts to a breach of regulations and shall accordingly apply the necessary sanctions against Paga Japan Stars FC.

This Committee is also mindful of Article 6.5 of the Division One League Special Regulations which is a repeat of Article 14(5) of the GFA General Regulation and consequently shall make the necessary consequential orders to that effect.

The said regulation states as follows:

6.5“The GFA shall expunge from the competition any points and / or goals build-up in respect of matches played with a Club that withdraws from the league after the league has started”.

It must be noted that this situationcaused by Paga Japan Stars FC affects the league table and hence every club in Zone One of the GN Bank Division One League.

The effects of the misconduct on all stakeholders cannot be quantified and should not be lost on all who are interested for the growth of the game.It is in regard that the severest of punishment allowed under the regulations must be applied to serve as deterrentto all other clubs.

There is no doubt that the sanctity of the competition must be maintained to attract the sponsorship and also to guarantee the needed mileage for the sponsor.This Committee is of the view that the right signals must be sent to all clubs in this respect and would therefore not apply the minimum punishment in this respect.

This Committee judicial notice of the fact the when this issue came up for discussion at the last Congress of the GFA at the Alisa Hotel, 75% or more of the members of the GFA Congress voted to maintain the status quo.

This Committee set the standards in the Misconduct Case of the GFA vrs Real Bawku United FC and this Committee would not wish to depart from the said Ruling.

DECISIONS

The Disciplinary Committee makes the following decisions:

  1. That the Committee having satisfied itself that the evidence adduced before it supports the charge of misconduct against the club for failing to play three matches without just cause and the club admission of guilt, hereby finds the club guilty of the charge and deems that Paga Japan Stars FC has withdrawn from the 2016/2017 GN Bank Division One League.
  1. That having found that Paga Japan Stars FC hadwithdrawn from the 2016/2017 GN Bank Division One League, the Committee hereby impose the following punishment on the club and its Shareholders and Directors:
  1. thatPaga Japan Stars FC is hereby suspendedfrom the leagues of the Ghana Football Association for a period of Five (5) years effective this 2016/2017 football season in accordance with Article 6(3) of the Division One League Special Regulations and Article 14(3) of the GFA General Regulations.
  1. thatin accordance with Article 6(4) of the Division One League Special Regulations,Paga Japan Stars FC shall only be allowed to join the Regional Football Association (RFA) league upon the return after five seasonsat the lowest league of the RFA.
  1. that the Shareholders and Directors of Paga Japan Stars FC are hereby also banned from all football activities for a period of five (5) football seasons effective from this 2016/2017 football season in accordance with Article 14(3) of the GFA General Regulations, as amended.
  1. thathaving suspendedPaga Japan Stars FC from the leagues, the Disciplinary Committee hereby furthers orders that the players of the club shall apply and shall be granted free agent status by the Player Status Committee of the GFA, free all encumbrances save the conditions attached to the transfers from their previous clubs to Paga Japan Stars FC.
  1. that the Disciplinary Committee further orders that the suspension of Paga Japan Stars FC shall not relieve the club of its financial obligations which have already accrued towards the GFA and other members of the GFA.
  1. That the Committee hereby expunge from the GN Bank Division One League competition any points and/or goals build-up in respect of all the matches played by Paga Japan Stars FC with any club from the start of the league in accordance with Article 6(5) of the Division One League Special Regulations and Article 14(5) of the GFA General Regulationsand the GFA and its Division One League Board are hereby ordered effective the change with immediate effect.
  1. 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 (See Article 37(11) of the General Regulations of the GFA).

Prosper Harrison Addo, Esq.

Chairman, Disciplinary Committee (A)

Thursday, April 4, 2017

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