[ 2015-11-29 ]

GFA Disciplinary Committee dismisses Predators FC appeal against Hunters FC
The GFA Disciplinary Committee has dismissed
Predators FC’s appeal against the decision
of the Volta Regional Football Association in the
case between them and Hunters FC.

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
Committee) considered the depositions from
Predators Football Club (Appellant), Hunters
Football Club (Respondent) and the record of
proceedings from the Disciplinary Committee of the
Volta Regional Football Association (VRFA DC).
SUMMARY OF THE FACTS
CASE OF PREDATORS FC
Predators Football Club (Appellant), on October 6,
2015 brought an appeal to overturn the decision of
the VRFA DC delivered on September 28, 2015 which
dismissed the club’s protest against
Hunters Football Club (Respondent) for allegedly
fielding unqualified players in their second
division league match. The Appellant stated that
the club was served with the Decision on October
1, 2015 even though it was dated September 28,
2015.

The Appellant alleged that only two members of the
VRFA Disciplinary Committee adjudicated the
protest and therefore the requirement of quorum
was not fulfilled in accordance with Article 41(1)
and 41(2) of the GFA Statutes. The Appellant also
claimed that the club submitted the player
licences within the required 72 hours. The
Appellant further argued that the VRFA DC finding
that a player is only considered registered when
the licence is issued by the GFA was flawed. The
Appellant advance other arguments in support of
its appeal.

The Petitioner consequently, demanded that the
decision of the VRFA DC should be declared null
and void and the match result must be made to
stand.

DEFENCE OF HUNTERS FC
The Respondent, Hunters FC, in its Statement of
Defence stated that the appeal ought to be
dismissed on the following grounds:
1. That the appeal was filed out of time, since
Foster Kudiabor collected the VRFA DC decision on
September 28, 2015.
2. That the Appellant’s assertion that the
licences were submitted within 72 hours was
false.
3. That the Appellant’s assertion that
licences issued before the match was played was
false.
The Respondent consequently requested for the
dismissal of the appeal.

REPLY OF PREDATORS FC
In its Reply to the Statement of Defence, the
Appellant repeated its arguments in its Statement
of Case and attached further evidence.

FINDINGS AND GROUNDS OF THE DECISION
Once an objection was raised on the date of filing
the Appeal, the first issue for the Committee to
determine was whether the Appeal was properly
filed to enable the Committee to consider the
merits of same. For if that defence were to be
successful there would be no need to go into the
merit of the Appeal.

The relevant provisions on this issue are very
clear and unambiguous. Article 37(11) of the GFA
General Regulations provides the answer on this
issue. The said Article states as follows:
Article 37(11) “Any club, official or player
who is dissatisfied or aggrieved by a decision of
the Disciplinary Committee, Ethics Committee or
the Players’ Status Committee of the GFA
may appeal against such decision within three (3)
days of being notified in writing”.

It is the finding of this Committee that the
decision of the VRFA was dated September 28, 2015
(see covering letter of the decision).

The evidence before this Committee is that a
representative of the Appellant, Foster Kudiabor
collected and signed for the club’s copy of
the decision on September 28, 2015.

The appeal was filed by the Appellant with the GFA
on October 6, 2015, seven (7) clear working days
from the date of receipt of the decision of the
VRFA DC delivered on October 28, 2015.

Clearly, this Appeal was caught by the provision
of Article 37(11) of the GFA General Regulations
which requires only appeals filed within the
stipulated three (3) days upon receipt of the
decision to be entertained. This appeal is
therefore not properly brought before this
Committee and therefore the Committee shall not go
into the merit of same.

DECISION
The Committee therefore makes the following
decisions:
1. That the appeal of Predators FC is hereby
dismissed and the decision of the Disciplinary
Committee of the Volta Regional Football
Association is hereby upheld.

2. That no cost is awarded.

3. That the Ruling of this Committee is final in
accordance with Article 41(6) of the GFA Statutes.

Source - Ghana FA

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