Disciplinary Committee declares Bofoakwa as winners of Matchday 24 game against Bolga Man City
The GFA Disciplinary has awarded Bofoakwa FC the three points and three goals in respect of their GN Bank Division One League Match day 24 game against Bolga Man City at the Sunyani Stadium on July 26.
In accordance with Article 41.5 of the GFA Statutes and Articles 37(10)(a) to 37(10)(d) of the Ghana Football Association (GFA) General Regulations, the Disciplinary Committee (the Committee) considered the depositions from Bofoakwa Tano Football Club (Petitioner) and Bolgatanga Man City Football Club (Respondent) and the match reports of the match officials.
SUMMARY OF THE FACTS
CASE OF BOFOAKWA TANO FC
Bofoakwa Tano Football Club (the Petitioner) on July 29, 2015 protested against Bolgatanga Man City Football Club (the Respondent) for failing to honour their Match Day 24 GN Bank Division One League match in contravention of Article 34(1)(f) of the GFA General Regulations.
According to the Protest signed by Seidu Monney Suraj, the Bolgatanga Man City FC failed to attend the Pre-match Technical Meeting and also the match without just cause. The Petitioner contended that match officials held on and finally whistled for the end of the match.
The Petitioner, consequently, demanded that Bolgatanga Man City FC having violated of Article 34(1)(f) of the General Regulations of the GFA, Bofoakwa Tano FC should be declared the winners of the match.
DEFENCE OF BOLGATANGA MAN CITY FC
Bolgatanga Man City FC did not file a Statement of Defence to the Protest as at the end of the three (3) days deadline for filing one as stipulated by the GFA Regulations.
FINDINGS AND GROUNDS OF THE DECISION
The absence of a Statement of Defence by Bolgatanga Man City FC notwithstanding, the Committee shall in accordance with Article 37(10)(c) of the GFA Regulations proceed to deliver its decision.
The said Article states that “the Disciplinary Committee may deliver its decision in any given case even if one party fails, neglects or refuses to file a statement of defence or a reply as the case may be within the stipulated time.”
The Committee shall therefore, adjudicate the instant Protest on its merit in the light of Article 34(13)(a) of the General Regulations of the GFA. The said Article 34(13)(a) of the GFA General Regulations reads:
“The burden of proof regarding a protest between clubs rests on the protesting club and in the case of a charge by the Prosecutor, the burden rests with the Prosecution”. 2 | P a g e
On the instant matter itself, the relevant regulations are very clear. According to the Petitioner, Bolgatanga Man City FC should be made to suffer forfeiture of the match under Article 34(1)(f) the GFA which reads as follows:
Article 34(1)(f) “A team commits an offence punishable by forfeiture of a match where it fails to report for or fails to honour a match without just cause”.
This Regulation is replicated in Article 7(2) of the Division One Special Regulations specifically stated below:
Article 7(2) “Any Club that fails to honour any match without just cause shall be guilty of an offence punishable by forfeiture. Force majeure shall be considered a just cause.”
The Committee finds that the Respondent failed to attend both the Pre-match Technical meeting and the Match itself without any reason being advanced.
It is also the finding of this Committee that the failure of Bolgatanga Man City FC to honour the match was not as a result of force majeure. Bolgatanga Man City FC is therefore, caught squarely by Article 34(1)(f) of the General Regulations of the GFA. The Committee thus, holds that the Protest of Bofoakwa Tano FC shall succeed.
The Committee therefore makes the following decisions:
1. That for failing to report for and to honour the match, Bolgatanga Man City FC shall forfeit its Match Day 25 GN Bank Division One League match in accordance with Article 34(1)(f) of the General Regulations of the GFA and Article 7(2) of the Division One Special Regulations.
2. That having been found to have forfeited the match, Bolgatanga Man City FC shall be considered as having lost the match in accordance with Article 34(3) and accordingly, three (3) points and three (3) goals are hereby awarded in favour of Bofoakwa Tano FC.
3. That in addition, being the defaulting club, Bolgatanga Man City FC is hereby fined Two Thousand and Five Hundred Ghana Cedis (GH¢2,500.00) payable to the GFA, 50% of which shall be paid to Bofoakwa Tano FC pursuant to Article 34(5)(a) of the General Regulations of the GFA.
4. That being the defaulting club, Bolgatanga Man City FC shall lose three (3) points from the club's accumulated points from previous matches, pursuant to Article 34(5)(a) of the General Regulations of the GFA.
5. That the fine mentioned in Decisions 3 above, shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, failing which Bolgatanga Man City FC shall automatically forfeit all subsequent matches after the said deadline by the Division One League Board or the GFA in accordance with Articles 39(8)(b), 39(8)(d) and 39(8)(f) of the First Amendment to the GFA General Regulations.
6. 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).