Mpuasuman earn three points aftter winning protest against Wa African United

The GFA Disciplinary Committee has declared Mpuasuman United as winners of the GN Bank Division One League match against Wa African United at Japekrom August 9, 2015.

PANEL
1. Prosper Harrison Addo, Esq. - Chairman
2. Eva Okyere, Esq. - Member
3. W.O.1 J.W. Amoo - Member
4. Godsway Glah - Member
Emmanuel Newton Dasoberi - Secretary
PROCEEDINGS
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 Mpuasuman United Football Club (Petitioner) and Wa African United Football Club (Respondent) and the match reports of the match officials.

SUMMARY OF THE FACTS
CASE OF MPUASUMAN UNITED FC
Mpuasuman United Football Club (the Petitioner) on August 11, 2015 protested against Wa African United Football Club (the Respondent) for failing to honour their Match Day 26 GN Bank Division One League match at Japekrom in contravention of Article 34(1)(f) of the General Regulations of the GFA. According to the Protest, Wa African United FC failed to attend the Pre-match Technical Meeting, as well as the match, without any reason. The Petitioner contends that match officials waited for Wa African United FC for over 35 minutes and whistled for the end of the match.

The Petitioner consequently, demanded that per Article 34(1)(f) of the General Regulations of the GFA, it should be declared the winner of the match.

DEFENCE OF WA AFRICAN UNITED FC
The Respondent failed to file a Statement of Defence to the Protest within three (3) days of receipt of the Protest as stipulated by the GFA Regulations.

FINDINGS AND GROUNDS OF THE DECISION
The absence of a Statement of Defence by Wa African United FC notwithstanding, the Committee in accordance with Article 37(10)(c) of the GFA Regulations proceeds 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 brought by Mpuasuman United FC on its merit with regards to 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”.

On the instant matter itself, the relevant regulations are very clear. According to the Petitioner, Wa African United FC should be made to suffer forfeiture of the match under Article 34(1)(f) of the General Regulations of 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 Wa African United FC to honour the match was not as a result of force majeure. Wa African United 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 Mpuasuman United FC shall succeed.

DECISION
The Committee therefore makes the following decisions:

1. That for failing to report for and to honour the match, Wa African United FC shall forfeit its Match Day 26 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, Wa African United 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 Mpuasuman United FC.

3. That in addition, being the defaulting club, Wa African United 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 Mpuasuman United FC pursuant to Article 34(5)(a) of the General Regulations of the GFA.

4. That being the defaulting club, Wa African United 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 fines mentioned in Decisions 3 above, shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, failing which Wa African United 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).