Ghana football set for big turmoil

Ghana  football is heading for another long, dragged-out turmoil following the expulsion of two clubs, a sport legal luminary has warned.

Andy Dugbartey, a Ghanaian sports lawyer, says congress' decision to expel Zaytuna United and Tudu Mighty Jets smacks of selective justice and could severely delay the start of the new season, damaging corporate interest in the game.

The two clubs were expelled from football on Tuesday for taking the Ghana Football Association (GFA) to court but the sports legal expert says the federation has shot itself in the foot because it failed to take similar action against Hearts of Oak.

"The GFA has opened a huge can of worms which justifies the decision that it must be taken to court because it does not believe in justice,' Dugbartey told Ghanasoccernet.com.

'Hearts took the GFA to court last year and no one banned the club but these two clubs have been unfairly hit with the hammer.

'This is why there is the popular opinion across the country that the GFA is embarking on a witch-hunting exercise.

'The danger is that if these clubs take the GFA to court over this, in my opinion they would get a favourable hearing and the process to place an injunction on the league could delay its start.'

While Nania FC director and shareholder Maha Ayew was banned for sending the GFA to court, her club was spared a ban which has also sparked talk of bias.

'If the GFA claims it is impartial in its dealings why was Nania also not banned when a shareholder of the club took the GFA to court?,' Dugbatey asked.

'The same applies to Ernest Thompson, a member of Hearts of Oak who led Emmanuel Otu Quaye to take the GFA to court. Were sanctions applied? Your guess is as good as mine.'

Congress, the GFA"s highest decision making body, led by Kwasi Nyantakyi argues that, according its rules corroborated by Fifa's, a club loses its membership if it takes the federation to court.

But Dubartey insists that Fifa and Uefa have been challenged several times on these rules and they have failed in courts in Europe.

'Although the EU accepts the 'specificity of sport', it grants no exemption from EU law for the football industry for that matter Fifa and Uefa,' Dugbartey said.

'Where rules have a disproportionate impact on EU human rights they can be challenged by the Commission or in the European Court of Justice that's why Fifa and Uefa have been powerless in preventing clubs like Charleroi from going to court over Madjid Olumers.

'Marc Bosman also took Uefa to court but in both cases the player and club could not be prevented from going to court and Charleroi are still playing in their league in Belgium.

'The two Ghana clubs can go to court and if the substantive cases are heard it is my firm believe that they will win because the injustice and violation of human rights in these cases by the GFA are momentous.'

Legal cases have in recent times delayed the start of the country's top flight league because of complaints of injustice by the legal bodies of the GFA.

Tudu Mighty Jets won a legal case against the GFA six years ago when it was expelled with the court rubbishing the federation's rules that members cannot resort to legal action.www.ghanasoccernet.com