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.