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Tema Youth petitions GFA over Accra Lions’ promotion, ready to head to CAS

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Kweku Zurek

The management of Tema Youth has petitioned the Ghana Football Association (GFA) to annul the declaration of Accra Lions FC as the winner of Zone 3 of the Division One League for the 2020/2021 season and all subsequent coronation and qualifications.

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1 Formal Petition by Tema Youth Sporting Club Limited to the Ghana Football Association (GFA) 6th August, 2021 (1) INTRODUCTION This is to lodge a formal petition in relation to award decisions delivered by the Appeals Committee of GFA regarding Amidaus Professionals FC on May 7, 2021 and Phar Rangers FC on July 21, 2021. These two award decisions invoked article 13 of the GFA Division One League Regulations for which the two clubs were charged for misconduct having breached this aspect of the DOL Regulations. The ripple effect of the variations in the two award decisions of the Appeals Committee with regard to the application of article 13 (1-5) of the GFA Division One League Regulations has affected Tema Youth Sporting Club with 2 (two) points lost in the process. We have laid out our grievances in this petition by stating the reliefs being sought, graphic account of the factual background ,the application of law and procedural lapses that infringes on sporting integrity which is the cardinal principle of football. (2) THE REQUEST FOR RELIEF We are seeking the following reliefs in this petition for which GFA is expected to address: 1. To annul the declaration of Accra Lions FC as the winner of zone 3, Division One League for 202/21 league season and all subsequent coronation and qualifications. 2. To synchronize the two award decisions of May 7, 2021 and July 21, 2021 in Amidaus Professional case and Phar Rangers FC respectively. 3. To restore our two point lead by either affirming the Amidaus Professional ruling of May 7, 2021 as a precedent in the Phar Rangers case or strict application of article 13 (1-6) of the 2019 Division One League Regulations in both cases. 4. To rectify all records of matches played and match statistics to reflect the true position of each club in zone 3 within the remits of the regulations
2 (3) FACTUAL BACKGROUND 1. Tema Youth Sporting Club Limited participated in Zone 3 Division One league for 2020/21 season that kicked off on January 8, 2021 with 16 clubs as it pertains in the other two zones 2. Amidaus Professionals with Tema Sports Stadium as its venue failed to play the first 7 (seven fixtures of the first round of the league due to its inability to register a single player for the season during the first window of registration of players and as per article 25, 26 and 27 of the Division One League Regulations thereby rendering the players ineligible to participate in the league. 3. Teams like Vision FC, Phar Rangers FC, Agbozome Weavers FC, Accra City Stars FC, Okyeman Planners FC, Kotoku Royals FC and Danbort FC scheduled to play Amidaus up to match day 7 of the 2020/21 season reported at match venues and were credited with 3 (three) points and 3 (three) goals on the league log. 4. Amidaus Professionals were allowed to register players by GFA when the second window of registration of players got underway on February 16, 2021 to March 18, 2021. The GFA subsequently sanctioned the matches of Amidaus from match Day 8 (eight) to 15 (Fifteen) by appointing match officials to Amidaus Professionals games. 5. Tema Youth Sporting Club played Amidaus Professionals in a crunchy local derby and won by 2 (two) goals to 1 (one) on matchday 10 (ten). Accra Lions FC played Amidaus Professionals on matchday 15 and the match ended 2-2 drawn game. Amidaus played against Uncle-T FC, Accra Young Wise FC, Tema Youth Sporting Club, Mighty Jets FC, Hearts of Lions, Krystal Palace FC, Nania FC, Accra Lions FC, 6. The prosecutor of GFA charged Amidaus Professionals before the Disciplinary Committee of GFA under article 13 (1), 13(3) and article 33 (1) (f) of the GFA Division One League Regulations. Article 14 of the Disciplinary Code of GFA was also part of the charges. 7. The Disciplinary Committee of GFA rendered its award decisions on April 6, 2021. Amidaus was made to forfeit points on all the 7 (Seven) matches that they failed to play and lost 3 (three) points and three goals. They were fined cumulative 7500 GHS and a further 10,000 GHS fine was imposed. They were banned from the ongoing Zone 3 Division One League and subsequently made to forfeit all matches that they were scheduled to play. 8. Amidaus Professionals FC made instant appeal against the award decision of the Disciplinary Committee and stated that the Disciplinary Committee erred in its application of articles 13 (1) and 13 (3) of division One League Regulations and also opposed to the imposition of sanctions under articles 33 (1) (f) of Division One League Regulations. The Appeals Committee delivered their award decision on
3 May 7, 2021 to declare all matches played by Amidaus Professionals after registration of players null and void so as to avoid compromising on the integrity of the competition. All records of the matches were to be expunged as if these matches never occurred. Amidaus were demoted to Division 2 for breach of Articles 13 (2) of the Division One League Regulations. 9. Phar Rangers FC filed a letter with reference number PR-20210707 at the GFA secretariat indicating their withdrawal from all GFA organized competitions. The GFA accordingly activated the appropriate provisions in the GFA rules and regulations to adjudicate on the matter. Phar Rangers on June 9, 2021 rescinded their decision of withdrawal citing public interests as the reason. 10. The Disciplinary Committee of GFA on June 30, 2021 delivered its award decision and charged Phar Rangers FC for misconduct for withdrawing from the competition without just cause. Phar Rangers were found guilty and suspended for 5 years effective 2020/21 season in accordance with Article 13(3) of the Division One League Regulations. Phar Rangers were demoted to join the regional league upon return after 5 (five) years. Shareholders and Directors of Phar Rangers FC were banned for the period of 5 (five) years effective 2020/21 football season. Phar Rangers players were granted free player status without conditions. Phar Rangers were not relieved of any financial obligations to the GFA. Clubs scheduled to play Phar Rangers subsequently were declared winners with 3 (three) points and 3 (three) goals as per article 13(5) of the Division One League Regulations. 11. Phar Rangers FC appealed against the decision of the Disciplinary Committee and on 21st July, 2021, the Appeals Committee ruled that Phar Rangers be demoted to third Division and banned from the FA Cup for the next two years. Article 13 (5) should be applied without discretion and Phar Rangers were made to forfeit all subsequent matches scheduled to be played and 3 (three) points and 3 (three) goals awarded to opposing teams. At the earliest possible time, GFA should consider reviewing this article at the earliest possible congress to establish fairness. (4) APPLICABLE LAWS The law applicable to the petition revolves around GFA Division One League Regulations and GFA Disciplinary Code and by reference, the Rules and Regulations of FIFA. Our focus would be directed at relevance of the respective articles in relation to the division One League competitions. We are encouraged under the GFA Disciplinary Code of 2019 of our responsibilities as a club affiliated to the GFA of our “Duty to Report” as dictated by Article 19 (1) which states that “ Anyone subject to this Code shall immediately report to the secretariat of the Disciplinary Committee any violation of, or attempt to violate, this Code by any third party”. We are therefore reporting the effect of the discrepancies in the two decisions on the zone 3 league log for the necessary steps to be taken to rectify the situation.
4 Tema Youth Club would like to come under the remit of article 20 (1 & 2) of the Disciplinary Code of 2019 which states that 1. “The parties shall act in good faith during the whole proceedings. 2. The parties shall collaborate to establish the facts and, in particular, comply with requests for information from the GFA judicial bodies “. This is indicative of our clubs resolve to put finality to this dispute in an amicable manner to avoid protracted disputes that would not inure to the benefits of both parties. The main argument is that the Zone 3 is being determined errornously on head-to-head basis emanating from inconsistencies in the two award decisions from the Appeals Committee. There is the urgent need for this to be smoothened to determine the rightful winners of the zone to establish the doctrine of fairness, equity and balance in this regard. There were procedural flaws in the application of article 13 of Division One League Regulations under the guise of the two cases being different. Amidaus Professionals were deemed to have withdrawn by failing to honour first 7 matches of the division one league matches. The reason was the failure of the club to register their players within the first window of the season that rendered them ineligible to honour their fixtures. There was an obvious violation of the article 13 (3) as the Appeals Committee ruling of May 7, 2021 properly situated it as a withdrawal case as they had misconducted themselves by this act without just cause. Phar Rangers by their letter dated June 6 wrote to withdraw from the division one league without just cause. Certainly, the substance of these two cases are different but the application of article 13 (1-5) in both cases should not lead to different outcomes. Authoritatively, both Disciplinary Committee and the Appeals Committee relied on the same article 13 (1-5) of the Division One league Regulations to draw to the conclusion that the respective cases constitute withdrawals from the competitions of GFA. Article 13 (1-5) Division One League regulations states that “Article 13. Withdrawal of clubs from competitions/matches 1. A club SHALL be liable for misconduct if it withdraws from a competition after the competition has started WITHOUT JUST CAUSE. 2. Any club intending to withdraw from any competition must give notice of its intention to do so to the GFA not later than fourteen (14) days before the commencement of the competition. Should a club fail to comply with this Regulation 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. 3. Without prejudice to any provision in these Regulations, the Disciplinary Committee shall have the right to take appropriate disciplinary decisions, 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, ban officials of the club from taking part in football activities for a specified period. 4. A club failing to give satisfactory reason for withdrawing without first obtaining the consent of the Association, shall not be allowed to enter the competition for a number of seasons to be determined by the GFA.
5 5. Where a club withdraws from the league after it has started, any match which that club is scheduled to play shall be considered forfeited and accordingly three (3) points and three (3) goals shall be awarded in favour of the opposing club”. 1.3 Conclusively, Article 13 (1-6) the application of which is very clear on the issue of withdrawal as misconduct that has been breached. Having established withdrawal in both instances to be the offence that has been committed, the application of 13 (1-6) could not have led to different outcomes as these articles and clauses are certainly unambiguous to apply. In the Amidaus instances, discretionary powers were used to determine the case under the rationalization that sporting integrity would be compromised. Amidaus Professionals by the registration of their players in the second window by the GFA had their matches sanctioned by the GFA and all the 8 (eight) clubs that played Amidaus were in the known at that time that they were obligated to honour these matches. Points were earned and lost on the field of play legitimately as all participating clubs were under obligations to do same as these matches had been sanctioned. 1.4 Flowing from this and having expunged the points in the Amidaus Professional case, a precedent had been established by Appeals Committee in the application of article 13 (1-5) of the GFA Division One League Regulations even though the application of Article 13 (1-6) is very clear on the matter. We empathize with the Appeals Committee and the difficulty in awarding points arbitrary under the circumstances and for that matter the recommendations for amendment of this article in the next earliest congress by the GFA. Krystal Palace Academy had played Phar Rangers and lost both games prior to the withdrawal of the latter yet all 8 (eight) clubs that subsequently played Phar Rangers after the withdrawal case won 3 (three) points with 3 (three) goals. Does this not compromise on the competitiveness and sporting integrity as established in Amidaus Professional withdrawal case? Zone 3 statistical data has been tainted as 24 (twenty four) goals Clubs have been credited by the award decision in Phar Rangers just by the timing of the decision. Which players within the respective clubs were credited with these goals? Statistically, in a league situation where 14 (fourteen) teams fully participate in the league, the maximum number of matches cannot exceed 26 (twenty six) matches. How anyone use 28 (twenty eight) matches as the basis of its computations to determine a league fully participated for by 14 clubs when 2 (two) clubs have been cited for withdrawing from the competition. The other possibility to equalize both decisions is for both results obtained by both clubs to be maintained to have 30 (thirty) matches played in total as dictated by 13 (5) of the Division One Regulations without exercising discretionary powers in any of the award decisions. The two additional matches is coming from a club that withdrew from the competition same as Amidaus Professionals. All these instances compromise on sporting integrity and for that matter Appeals Committee should have affirmed their decision of May 7, 2021 on sporting integrity as the proposal for amendment of Article 13 of the Division One League Regulations from the Appeals Committee is enough indication of the application of this article but Tema Youth cannot be victimized under the circumstances by a situation we never originated it. Fairness is what is being demanded. Alternatively, the Appeals Committee should have averted itself to article 50.6 of the Disciplinary Code of 2019 to ensure consistency in the two respective withdrawal cases involving Amidaus Professionals and Phar Rangers and to apply article 13 as
6 situated in the Division One League Regulations. The application of this article at one length and in other instances of withdrawal based on discretionary powers are used as the basis to determine a major decision has created the distortions it has made to the zone 3 division one league log. We respectfully like to subject this petition to the attention of the Appeals Committee for consideration under the remit of articles 50(6), Article 19, and 20 of the GFA 2019 Disciplinary Code. Article 50.6 states that “ The competent judicial body may rectify any mistakes in calculation or any other obvious errors in the decision at any time”. By virtue of the discrepancies in the two withdrawal decisions delivered by the appeals Committee on May 7, 2021 with regard to Amidaus Professionals FC and Phar Rangers of July 21, 2021, the winner of the zone 3 is to be determined on head- to-head basis which is unfair as Tema Youth could not be made victim of such circumstances. The Appeals Committee should respectfully avail itself to rectify the situation. (5) Determined Cases on the matter ignored The Appeals Committee deviated from the principle of sporting integrity as established in the Amidaus Professionals decision of May 7, 2021. Appeals Committee complete disregard for established precedents in this withdrawal case with due references to articles 13 (5) of division One League regulations is inexplicable particularly in an instant case where the precedents were established by this same Appeals Committee in the same season 2020/21 of the same competition within the same zone to create inequalities and unfairness particularly its effect on the league log. We respectfully agree with you on the issue of review of this particular article in the next earliest congress to promote fairness in the future particularly when one juxta-poses the two withdrawal cases against each other. However, the most prudent approach under the circumstances would be: • To affirm the established precedents of the Appeals Committee ruling of May 7, 2021 in the Amidaus Professional award decisions by expunging all the records of matches played by Phar Rangers in the season to create uniformity and consistency in your decision as an appellate body, or • To avert your mind to article 50(6) of the GFA Disciplinary code for remedial measures to be taken to rectify the obvious error that has been occasioned in your earlier decision of May 7, 2021. The synchronization of the two cases would have created the needed balance, fairness and equity to determine the true placements of the respective teams on the league log to avoid the instant situation where some clubs including Tema Youth Sporting Club have been unfairly treated by the variations in the two award decisions losing valuable two-point lead over Accra Lions FC and Tema Youth as failure do so would bring the two teams on equal pegging for zone 3 to be decided on head-to-head basis. Under these two determined cases, one is in a quagmire as to which of these two precedents is applicable under article 13 (1-6)
7 (6) EFFECT OF THE TWO DECISIONS ON THE ZONE 3 LEAGUE TABLE The outcome of the inconsistencies and lack of precedents in the two award decisions of Re: Ghana Football Associations Vs. Amidaus Professionals FC and Ghana Football Association Vs. Phar Rangers FC have contributed to the lost of 2 (two) points lead legally gained on the field of play by Tema Youth Sporting Club Limited. By virtue of the fact that the Appeals Committee using its discretionary powers to rule on the Amidaus Professional award decision by expunging points from all matches played by Amidaus Professionals, Tema Youth that lawfully gained three points on matchday 10 has had its lead whittled to zero and Accra Lions FC that drew against Amidaus Professionals in their respective matches. Strict adherence to Article 13 (5) in the Amidaus case would have given Tema Youth Sporting the 2 (two)-point lead. Amidaus was charged for withdrawal from the zone 3 division One league as the Appeals Committee ruling stated that “No club shall be awarded points or any goals for the said matches as Amidaus Professionals was not qualified to play these matches on account of its WITHDRAWAL from the competition”. The Appeals Committee deemed it fit to use their discretionary powers to expunge all cumulative points and goals. This is legally binding on the Appeals Committee to apply this precedence in determining all future cases that border on withdrawal. In the reverse case scenario, the two-point advantage gained by Accra Lions in the Phar Rangers case was retained over Tema Youth as Article 13 (5) was strictly in focus without any discretion. The natural progression would have been for the Appeals Committee to maintain precedence over the two cases as they all border on the strict application of article 13 (1-5) to ensure equity , fairness and balance on the league table. Tema Youth Sporting Club would have amassed 65 points to 63 points of Accra lions FC if article 13 (5) which is obligatory in its application without discretionary consideration and for that matter no need for the application of head-to- head in deciding the winner of Zone 3. On the other hand, should the Appeals respect its own precedence in the Amidaus Professionals case and applied it in the Phar Rangers FC case to ensure consistency and sporting integrity in the award decisions, all points for the two respective matches would have been expunged and Tema Youth would have had 55 points and Accra Lions having 53 points. Precedents as established by an appellate body of repute are there to sanitize the system to ensure balance, fairness and equity in the delivery of judicial jurisprudence. (7) ARBITRARY AWARD OF POINTS AND GOALS On the basis of rational reasoning and sporting integrity as established in Amidaus Professionals withdrawal case determined by the Appeals Committee, it would be preposterous to determine the winner of a league competed and completed for by 14 (fourteen) clubs after the withdrawal of two clubs on the basis of 28 matches. This by implications means each club played more than the maximum number of 26 (twenty six) matches. In association football, it would be statistically inaccurate for the league to be played amongst 14 clubs with the winner being determined on twenty eight matches basis. The prudent approach is to expunge the points of clubs that withdrew from the competition as it is the practice globally. The number of goals scored within zone 3 abnormally high as clubs are supposed to be credited with three goals without kicking a ball.
8 Points were dashed on timing of matches basis as clubs that had played and lost Phar Rangers before the withdrawal had zero points whereas others without kicking a ball had 3 points and 3 (three) goals. Does this create the competitive league needed to determine the champion to represent the zone at the premiership level. The Appeals Committee established the facts that both cases were WITHDRAWAL cases so upon what basis are the results of Amidaus Professionals being expunged from the records and the withdrawal of Phar Rangers being added to the records when in actual fact, both clubs withdrew. Common criteria must be used to ensure equity, balance and fairness since the two divergent decisions impact on the league table are different. If it is the decision and the view of Appeals Committee to expunge all points, there must be no ambiguity as the opposite is also true. (8) CONCLUSIONS Our concluding remarks is to avert and refresh our minds on the precedent as established in the Phar Rangers FC Vs. Ghana Football Association where Court of Arbitration for Sports in Lousane determined where 3 (three) points that was awarded Okyeman Planners which could have benefitted all clubs that played Okwahu United was blatantly ignored by the judicial system of GFA. This finally affected the structure of the division One league zone 3. This situation is avoidable when issues are brought into perspective and obvious errors are committed in award decisions, this should immediately be dealt with by the affected bodies within the GFA structure as dictated by article 50 (6) of the Disciplinary Code of 2019. Precedents are there to guide us moving into the future. We gracefully entreat you to consider our petition in outmost good faith to declare Tema Youth Sporting Club as the winner of zone 3 and all related records rectified to reflect same. The two cases of withdrawal must be synchronize to ensure balance, equity and fairness to protect sporting integrity in our GFA competitions.

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Tema Youth petitions GFA over Accra Lions’ promotion, ready to head to CAS

  • 1. 1 Formal Petition by Tema Youth Sporting Club Limited to the Ghana Football Association (GFA) 6th August, 2021 (1) INTRODUCTION This is to lodge a formal petition in relation to award decisions delivered by the Appeals Committee of GFA regarding Amidaus Professionals FC on May 7, 2021 and Phar Rangers FC on July 21, 2021. These two award decisions invoked article 13 of the GFA Division One League Regulations for which the two clubs were charged for misconduct having breached this aspect of the DOL Regulations. The ripple effect of the variations in the two award decisions of the Appeals Committee with regard to the application of article 13 (1-5) of the GFA Division One League Regulations has affected Tema Youth Sporting Club with 2 (two) points lost in the process. We have laid out our grievances in this petition by stating the reliefs being sought, graphic account of the factual background ,the application of law and procedural lapses that infringes on sporting integrity which is the cardinal principle of football. (2) THE REQUEST FOR RELIEF We are seeking the following reliefs in this petition for which GFA is expected to address: 1. To annul the declaration of Accra Lions FC as the winner of zone 3, Division One League for 202/21 league season and all subsequent coronation and qualifications. 2. To synchronize the two award decisions of May 7, 2021 and July 21, 2021 in Amidaus Professional case and Phar Rangers FC respectively. 3. To restore our two point lead by either affirming the Amidaus Professional ruling of May 7, 2021 as a precedent in the Phar Rangers case or strict application of article 13 (1-6) of the 2019 Division One League Regulations in both cases. 4. To rectify all records of matches played and match statistics to reflect the true position of each club in zone 3 within the remits of the regulations
  • 2. 2 (3) FACTUAL BACKGROUND 1. Tema Youth Sporting Club Limited participated in Zone 3 Division One league for 2020/21 season that kicked off on January 8, 2021 with 16 clubs as it pertains in the other two zones 2. Amidaus Professionals with Tema Sports Stadium as its venue failed to play the first 7 (seven fixtures of the first round of the league due to its inability to register a single player for the season during the first window of registration of players and as per article 25, 26 and 27 of the Division One League Regulations thereby rendering the players ineligible to participate in the league. 3. Teams like Vision FC, Phar Rangers FC, Agbozome Weavers FC, Accra City Stars FC, Okyeman Planners FC, Kotoku Royals FC and Danbort FC scheduled to play Amidaus up to match day 7 of the 2020/21 season reported at match venues and were credited with 3 (three) points and 3 (three) goals on the league log. 4. Amidaus Professionals were allowed to register players by GFA when the second window of registration of players got underway on February 16, 2021 to March 18, 2021. The GFA subsequently sanctioned the matches of Amidaus from match Day 8 (eight) to 15 (Fifteen) by appointing match officials to Amidaus Professionals games. 5. Tema Youth Sporting Club played Amidaus Professionals in a crunchy local derby and won by 2 (two) goals to 1 (one) on matchday 10 (ten). Accra Lions FC played Amidaus Professionals on matchday 15 and the match ended 2-2 drawn game. Amidaus played against Uncle-T FC, Accra Young Wise FC, Tema Youth Sporting Club, Mighty Jets FC, Hearts of Lions, Krystal Palace FC, Nania FC, Accra Lions FC, 6. The prosecutor of GFA charged Amidaus Professionals before the Disciplinary Committee of GFA under article 13 (1), 13(3) and article 33 (1) (f) of the GFA Division One League Regulations. Article 14 of the Disciplinary Code of GFA was also part of the charges. 7. The Disciplinary Committee of GFA rendered its award decisions on April 6, 2021. Amidaus was made to forfeit points on all the 7 (Seven) matches that they failed to play and lost 3 (three) points and three goals. They were fined cumulative 7500 GHS and a further 10,000 GHS fine was imposed. They were banned from the ongoing Zone 3 Division One League and subsequently made to forfeit all matches that they were scheduled to play. 8. Amidaus Professionals FC made instant appeal against the award decision of the Disciplinary Committee and stated that the Disciplinary Committee erred in its application of articles 13 (1) and 13 (3) of division One League Regulations and also opposed to the imposition of sanctions under articles 33 (1) (f) of Division One League Regulations. The Appeals Committee delivered their award decision on
  • 3. 3 May 7, 2021 to declare all matches played by Amidaus Professionals after registration of players null and void so as to avoid compromising on the integrity of the competition. All records of the matches were to be expunged as if these matches never occurred. Amidaus were demoted to Division 2 for breach of Articles 13 (2) of the Division One League Regulations. 9. Phar Rangers FC filed a letter with reference number PR-20210707 at the GFA secretariat indicating their withdrawal from all GFA organized competitions. The GFA accordingly activated the appropriate provisions in the GFA rules and regulations to adjudicate on the matter. Phar Rangers on June 9, 2021 rescinded their decision of withdrawal citing public interests as the reason. 10. The Disciplinary Committee of GFA on June 30, 2021 delivered its award decision and charged Phar Rangers FC for misconduct for withdrawing from the competition without just cause. Phar Rangers were found guilty and suspended for 5 years effective 2020/21 season in accordance with Article 13(3) of the Division One League Regulations. Phar Rangers were demoted to join the regional league upon return after 5 (five) years. Shareholders and Directors of Phar Rangers FC were banned for the period of 5 (five) years effective 2020/21 football season. Phar Rangers players were granted free player status without conditions. Phar Rangers were not relieved of any financial obligations to the GFA. Clubs scheduled to play Phar Rangers subsequently were declared winners with 3 (three) points and 3 (three) goals as per article 13(5) of the Division One League Regulations. 11. Phar Rangers FC appealed against the decision of the Disciplinary Committee and on 21st July, 2021, the Appeals Committee ruled that Phar Rangers be demoted to third Division and banned from the FA Cup for the next two years. Article 13 (5) should be applied without discretion and Phar Rangers were made to forfeit all subsequent matches scheduled to be played and 3 (three) points and 3 (three) goals awarded to opposing teams. At the earliest possible time, GFA should consider reviewing this article at the earliest possible congress to establish fairness. (4) APPLICABLE LAWS The law applicable to the petition revolves around GFA Division One League Regulations and GFA Disciplinary Code and by reference, the Rules and Regulations of FIFA. Our focus would be directed at relevance of the respective articles in relation to the division One League competitions. We are encouraged under the GFA Disciplinary Code of 2019 of our responsibilities as a club affiliated to the GFA of our “Duty to Report” as dictated by Article 19 (1) which states that “ Anyone subject to this Code shall immediately report to the secretariat of the Disciplinary Committee any violation of, or attempt to violate, this Code by any third party”. We are therefore reporting the effect of the discrepancies in the two decisions on the zone 3 league log for the necessary steps to be taken to rectify the situation.
  • 4. 4 Tema Youth Club would like to come under the remit of article 20 (1 & 2) of the Disciplinary Code of 2019 which states that 1. “The parties shall act in good faith during the whole proceedings. 2. The parties shall collaborate to establish the facts and, in particular, comply with requests for information from the GFA judicial bodies “. This is indicative of our clubs resolve to put finality to this dispute in an amicable manner to avoid protracted disputes that would not inure to the benefits of both parties. The main argument is that the Zone 3 is being determined errornously on head-to-head basis emanating from inconsistencies in the two award decisions from the Appeals Committee. There is the urgent need for this to be smoothened to determine the rightful winners of the zone to establish the doctrine of fairness, equity and balance in this regard. There were procedural flaws in the application of article 13 of Division One League Regulations under the guise of the two cases being different. Amidaus Professionals were deemed to have withdrawn by failing to honour first 7 matches of the division one league matches. The reason was the failure of the club to register their players within the first window of the season that rendered them ineligible to honour their fixtures. There was an obvious violation of the article 13 (3) as the Appeals Committee ruling of May 7, 2021 properly situated it as a withdrawal case as they had misconducted themselves by this act without just cause. Phar Rangers by their letter dated June 6 wrote to withdraw from the division one league without just cause. Certainly, the substance of these two cases are different but the application of article 13 (1-5) in both cases should not lead to different outcomes. Authoritatively, both Disciplinary Committee and the Appeals Committee relied on the same article 13 (1-5) of the Division One league Regulations to draw to the conclusion that the respective cases constitute withdrawals from the competitions of GFA. Article 13 (1-5) Division One League regulations states that “Article 13. Withdrawal of clubs from competitions/matches 1. A club SHALL be liable for misconduct if it withdraws from a competition after the competition has started WITHOUT JUST CAUSE. 2. Any club intending to withdraw from any competition must give notice of its intention to do so to the GFA not later than fourteen (14) days before the commencement of the competition. Should a club fail to comply with this Regulation 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. 3. Without prejudice to any provision in these Regulations, the Disciplinary Committee shall have the right to take appropriate disciplinary decisions, 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, ban officials of the club from taking part in football activities for a specified period. 4. A club failing to give satisfactory reason for withdrawing without first obtaining the consent of the Association, shall not be allowed to enter the competition for a number of seasons to be determined by the GFA.
  • 5. 5 5. Where a club withdraws from the league after it has started, any match which that club is scheduled to play shall be considered forfeited and accordingly three (3) points and three (3) goals shall be awarded in favour of the opposing club”. 1.3 Conclusively, Article 13 (1-6) the application of which is very clear on the issue of withdrawal as misconduct that has been breached. Having established withdrawal in both instances to be the offence that has been committed, the application of 13 (1-6) could not have led to different outcomes as these articles and clauses are certainly unambiguous to apply. In the Amidaus instances, discretionary powers were used to determine the case under the rationalization that sporting integrity would be compromised. Amidaus Professionals by the registration of their players in the second window by the GFA had their matches sanctioned by the GFA and all the 8 (eight) clubs that played Amidaus were in the known at that time that they were obligated to honour these matches. Points were earned and lost on the field of play legitimately as all participating clubs were under obligations to do same as these matches had been sanctioned. 1.4 Flowing from this and having expunged the points in the Amidaus Professional case, a precedent had been established by Appeals Committee in the application of article 13 (1-5) of the GFA Division One League Regulations even though the application of Article 13 (1-6) is very clear on the matter. We empathize with the Appeals Committee and the difficulty in awarding points arbitrary under the circumstances and for that matter the recommendations for amendment of this article in the next earliest congress by the GFA. Krystal Palace Academy had played Phar Rangers and lost both games prior to the withdrawal of the latter yet all 8 (eight) clubs that subsequently played Phar Rangers after the withdrawal case won 3 (three) points with 3 (three) goals. Does this not compromise on the competitiveness and sporting integrity as established in Amidaus Professional withdrawal case? Zone 3 statistical data has been tainted as 24 (twenty four) goals Clubs have been credited by the award decision in Phar Rangers just by the timing of the decision. Which players within the respective clubs were credited with these goals? Statistically, in a league situation where 14 (fourteen) teams fully participate in the league, the maximum number of matches cannot exceed 26 (twenty six) matches. How anyone use 28 (twenty eight) matches as the basis of its computations to determine a league fully participated for by 14 clubs when 2 (two) clubs have been cited for withdrawing from the competition. The other possibility to equalize both decisions is for both results obtained by both clubs to be maintained to have 30 (thirty) matches played in total as dictated by 13 (5) of the Division One Regulations without exercising discretionary powers in any of the award decisions. The two additional matches is coming from a club that withdrew from the competition same as Amidaus Professionals. All these instances compromise on sporting integrity and for that matter Appeals Committee should have affirmed their decision of May 7, 2021 on sporting integrity as the proposal for amendment of Article 13 of the Division One League Regulations from the Appeals Committee is enough indication of the application of this article but Tema Youth cannot be victimized under the circumstances by a situation we never originated it. Fairness is what is being demanded. Alternatively, the Appeals Committee should have averted itself to article 50.6 of the Disciplinary Code of 2019 to ensure consistency in the two respective withdrawal cases involving Amidaus Professionals and Phar Rangers and to apply article 13 as
  • 6. 6 situated in the Division One League Regulations. The application of this article at one length and in other instances of withdrawal based on discretionary powers are used as the basis to determine a major decision has created the distortions it has made to the zone 3 division one league log. We respectfully like to subject this petition to the attention of the Appeals Committee for consideration under the remit of articles 50(6), Article 19, and 20 of the GFA 2019 Disciplinary Code. Article 50.6 states that “ The competent judicial body may rectify any mistakes in calculation or any other obvious errors in the decision at any time”. By virtue of the discrepancies in the two withdrawal decisions delivered by the appeals Committee on May 7, 2021 with regard to Amidaus Professionals FC and Phar Rangers of July 21, 2021, the winner of the zone 3 is to be determined on head- to-head basis which is unfair as Tema Youth could not be made victim of such circumstances. The Appeals Committee should respectfully avail itself to rectify the situation. (5) Determined Cases on the matter ignored The Appeals Committee deviated from the principle of sporting integrity as established in the Amidaus Professionals decision of May 7, 2021. Appeals Committee complete disregard for established precedents in this withdrawal case with due references to articles 13 (5) of division One League regulations is inexplicable particularly in an instant case where the precedents were established by this same Appeals Committee in the same season 2020/21 of the same competition within the same zone to create inequalities and unfairness particularly its effect on the league log. We respectfully agree with you on the issue of review of this particular article in the next earliest congress to promote fairness in the future particularly when one juxta-poses the two withdrawal cases against each other. However, the most prudent approach under the circumstances would be: • To affirm the established precedents of the Appeals Committee ruling of May 7, 2021 in the Amidaus Professional award decisions by expunging all the records of matches played by Phar Rangers in the season to create uniformity and consistency in your decision as an appellate body, or • To avert your mind to article 50(6) of the GFA Disciplinary code for remedial measures to be taken to rectify the obvious error that has been occasioned in your earlier decision of May 7, 2021. The synchronization of the two cases would have created the needed balance, fairness and equity to determine the true placements of the respective teams on the league log to avoid the instant situation where some clubs including Tema Youth Sporting Club have been unfairly treated by the variations in the two award decisions losing valuable two-point lead over Accra Lions FC and Tema Youth as failure do so would bring the two teams on equal pegging for zone 3 to be decided on head-to-head basis. Under these two determined cases, one is in a quagmire as to which of these two precedents is applicable under article 13 (1-6)
  • 7. 7 (6) EFFECT OF THE TWO DECISIONS ON THE ZONE 3 LEAGUE TABLE The outcome of the inconsistencies and lack of precedents in the two award decisions of Re: Ghana Football Associations Vs. Amidaus Professionals FC and Ghana Football Association Vs. Phar Rangers FC have contributed to the lost of 2 (two) points lead legally gained on the field of play by Tema Youth Sporting Club Limited. By virtue of the fact that the Appeals Committee using its discretionary powers to rule on the Amidaus Professional award decision by expunging points from all matches played by Amidaus Professionals, Tema Youth that lawfully gained three points on matchday 10 has had its lead whittled to zero and Accra Lions FC that drew against Amidaus Professionals in their respective matches. Strict adherence to Article 13 (5) in the Amidaus case would have given Tema Youth Sporting the 2 (two)-point lead. Amidaus was charged for withdrawal from the zone 3 division One league as the Appeals Committee ruling stated that “No club shall be awarded points or any goals for the said matches as Amidaus Professionals was not qualified to play these matches on account of its WITHDRAWAL from the competition”. The Appeals Committee deemed it fit to use their discretionary powers to expunge all cumulative points and goals. This is legally binding on the Appeals Committee to apply this precedence in determining all future cases that border on withdrawal. In the reverse case scenario, the two-point advantage gained by Accra Lions in the Phar Rangers case was retained over Tema Youth as Article 13 (5) was strictly in focus without any discretion. The natural progression would have been for the Appeals Committee to maintain precedence over the two cases as they all border on the strict application of article 13 (1-5) to ensure equity , fairness and balance on the league table. Tema Youth Sporting Club would have amassed 65 points to 63 points of Accra lions FC if article 13 (5) which is obligatory in its application without discretionary consideration and for that matter no need for the application of head-to- head in deciding the winner of Zone 3. On the other hand, should the Appeals respect its own precedence in the Amidaus Professionals case and applied it in the Phar Rangers FC case to ensure consistency and sporting integrity in the award decisions, all points for the two respective matches would have been expunged and Tema Youth would have had 55 points and Accra Lions having 53 points. Precedents as established by an appellate body of repute are there to sanitize the system to ensure balance, fairness and equity in the delivery of judicial jurisprudence. (7) ARBITRARY AWARD OF POINTS AND GOALS On the basis of rational reasoning and sporting integrity as established in Amidaus Professionals withdrawal case determined by the Appeals Committee, it would be preposterous to determine the winner of a league competed and completed for by 14 (fourteen) clubs after the withdrawal of two clubs on the basis of 28 matches. This by implications means each club played more than the maximum number of 26 (twenty six) matches. In association football, it would be statistically inaccurate for the league to be played amongst 14 clubs with the winner being determined on twenty eight matches basis. The prudent approach is to expunge the points of clubs that withdrew from the competition as it is the practice globally. The number of goals scored within zone 3 abnormally high as clubs are supposed to be credited with three goals without kicking a ball.
  • 8. 8 Points were dashed on timing of matches basis as clubs that had played and lost Phar Rangers before the withdrawal had zero points whereas others without kicking a ball had 3 points and 3 (three) goals. Does this create the competitive league needed to determine the champion to represent the zone at the premiership level. The Appeals Committee established the facts that both cases were WITHDRAWAL cases so upon what basis are the results of Amidaus Professionals being expunged from the records and the withdrawal of Phar Rangers being added to the records when in actual fact, both clubs withdrew. Common criteria must be used to ensure equity, balance and fairness since the two divergent decisions impact on the league table are different. If it is the decision and the view of Appeals Committee to expunge all points, there must be no ambiguity as the opposite is also true. (8) CONCLUSIONS Our concluding remarks is to avert and refresh our minds on the precedent as established in the Phar Rangers FC Vs. Ghana Football Association where Court of Arbitration for Sports in Lousane determined where 3 (three) points that was awarded Okyeman Planners which could have benefitted all clubs that played Okwahu United was blatantly ignored by the judicial system of GFA. This finally affected the structure of the division One league zone 3. This situation is avoidable when issues are brought into perspective and obvious errors are committed in award decisions, this should immediately be dealt with by the affected bodies within the GFA structure as dictated by article 50 (6) of the Disciplinary Code of 2019. Precedents are there to guide us moving into the future. We gracefully entreat you to consider our petition in outmost good faith to declare Tema Youth Sporting Club as the winner of zone 3 and all related records rectified to reflect same. The two cases of withdrawal must be synchronize to ensure balance, equity and fairness to protect sporting integrity in our GFA competitions.