Appeals Committee advises GFA to refer Wa African United, Techiman City case to properly constituted body

The Appeals Committee has asked the GFA General Secretary to refer the case between Wa African United and Techiman City to a properly constituted judicial body.

This decision was taken after the Appeals Committee found that the Ethics Committee which took the decision on the alleged bribery case between the two sides, was not properly constituted and lacked the required jurisdiction to investigate the matter in question.

Below is the full ruling on the Appeal by Techiman City FC against the decision of the Ethics Committee:

PANELISTS
1 ALHAJI FAROUCK SEIDU – VICE CHAIRMAN
2. OWUSU ANSAH AWERE - MEMBER
3. CLAUDE OPPON - MEMBER
4. DIVINE SUNU - MEMBER
5. KWAME TAKYI - MEMBER
6.DANIEL ODURO – SECRETARY
This appeal is at the instance of Techiman City Football Club against the decision of the Ethics Committee of the GFA dated the 14th day of September, 2015.

The facts are that, Techiman City FC, the appellant herein played a Zone One GN Bank First Division League match against Wa African United FC which match was won by the appellant. After the said match, Africa United FC petitioned the FA that the appellant before the match in question paid bribe to influence them to play a match of convenience or fixed match. The matter was referred to the Ethics Committee to investigate. On the 12th day of August, 2015, the Committee set at the Conference room f the Ashanti Regional Police Headquarters, Kumasi and found the two clubs guilty of bribery ostensibly to fix the said match. Both teams were demoted to the next division among other sanctions.

It is this decision that Techiman City FC appealed against relying on not less than seven grounds.

We shall deal with ground 2 first which has to do with jurisdiction of the Committee. In the event that the Committee finds that the Committee lacked the requisite jurisdiction to investigate or determine the matter it shall not waste time and energy to deal with the other grounds, the merits notwithstanding.

According to the appellant, the Vice Chairman who at all material times chaired the Committee in its deliberations in the absence of the substantive chairperson was not a lawyer with 10 years experience at the bar as required by article 43(3) of the GFA Statutes and articles 4(1) and (2) of the code of Ethics.

Article 4(1) of the Code of Ethics reads “There shall be an Ethics Committee which shall consist of:

i. Chairman
ii. Vice Chairman
iii. The other members and article 4(2) of the same Code of Ethics states “The Chairman and the Vice Chairman shall be Lawyers with a minimum of ten (10) years experience at the bar”.

The respected Police Officer, DCOP Kofi Boakye chaired the Committee at all material times in the absence of Nana Ampofo Adjei, the substantive Chairman.

Our checks revealed that DCOP Kofi Boakye was called to the Ghana Bar on the 3rd day of October, 2008, about seven years ago. This means that the Vice Chairman who chaired the Committee at all material times in his capacity as the Vice Chairman did not qualify in accordance with articles 4(1) and (2) of the Code of Ethics. The Committee was therefore not properly constituted and therefore lacked the required jurisdiction to investigate the matter in question. Having found that the committee lacked jurisdiction we shall refrain from dealing with the merit or otherwise of the appeal.

In the circumstances we remit the matter to the General Secretary of the FA to assign same to a properly constituted body to deal with same.

DATED IN ACCRA THIS DAY 5TH DAY OF OCTOBER, 2015
SIGNED ALHAJI FAROUCK SEIDU
(VICE CHAIRMAN)