IN THE DISCIPLINARY COMMITTEE
GHANA FOOTBALL ASSOCIATION
Protest Case: No. A 1- 2018
CORAM
- Prosper Harrison Addo, Esq. - Chairman
- Eva Okyere, Esq. - Vice Chairperson
- Osei Kwadwo Addo, Esq. - Member
- W.O.1 J. W. Amoo - Member
- Alex Kotey - Member
William Bossman - Secretary
BEREKUM CHELSEA FC vrs KARELA UNITED FC
PROTEST IN RESPECT OF THEIR MATCH DAY 6 PREMIER LEAGUE MATCH
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 Berekum Chelsea FC (hereinafter referred to as “the Petitioner”) and Karela United FC (hereinafter referred to as “the Respondent”) with their attachments and the reports of the match officials.
SUMMARY OF FACTS
CASE OF BEREKUM CHELSEA FC
Berekum Chelsea FC (the Petitioner) on Tuesday, April 17, 2018 lodged a protest against Karela United FC (the Respondent) for allegedly fielding two unqualified players in the persons of Donald Koboh-Koboh Wellington and Jean Vital Ourega in the Matchday 6 Ghana Premier League match played on April 12, 2018 at the Baba Yara Sports Stadium in contravention of Articles 34(1)(e) of the General Regulations.
Berekum Chelsea FC consequently requested that Karela United FC must forfeit the match and urged the Disciplinary Committee to award the match points and three goals in their favour.
DEFENCE OF KARELA UNITED FC
The Respondent in their Statement of Defence to the Protest stated that the protest of Berekum Chelsea FC has no merits and ought to be dismissed. The Respondent attached to their Statement of Defence, the Work Permits and International Transfer Certificate.
FINDINGS AND GROUNDS OF THE DECISION
Berekum Chelsea FC on Friday, April 20, 2018 informed this Disciplinary Committee of the club’s withdrawal of the protest against Karela United FC through a letter signed by Nana Sarfo Oduro, the Director of the club.
It is trite law that once a Petitioner withdraws the Petition, a Committee must immediately grant the wish of the Petitioner without going into the merit of the matter.
The Committee is however of the view that clubs should not allowed to embark on “fishing” expeditions by filing protests when they are not clothed with the requisite evidence to do same.
It must be noted that in the instant case, the other party, Karela 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:
- That the Protest brought by Berekum Chelsea FC against Karela United FC is hereby dismissed as withdrawn.
- That cost of Two Thousand Ghana Cedis (GH¢2,000.00) is hereby awarded against Berekum Chelsea FC in favour of Karela United FC, for wasting the time and resources of Karela United FC.
- 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 Berekum Chelsea 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.
- That the GFA shall immediately pay to Karela United FC the cost of Two Thousand Ghana Cedis (GH¢2,000.00) stated in Decision 2 above immediately upon receipt of same.
- 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)
Wednesday, April 25, 2018