The GFA Disciplinary Committee has fined Tano Bofoakwa Two Thousand Ghana Cedis (GH¢2,000.00) in relation to the GN Bank Division One League match against Techiman City on March 15, 2015 in Sunyani.
Bofoakwa Tano FC was charged on a first count for failing to control the club’s supporters when they invaded the field of play without authorization and permission from the referee and attempted to assault the match officials prompting the police personnel to clear the inner perimeter and advise the match officials to remain on the field of play during the half time rest period in violation of Articles 56 and 58 of the Disciplinary Code and Article 35(1)(a), 35(7)(d) and 35(10) the GFA General Regulations.
They were also charged on second count for for failing to control the club’s supporters when they attempted to assault the match officials resulting in the hold up of match officials on the field of play for about 15 minutes until the police personnel called in re-enforcement and to drive the match officials out in the police vehicle from the field of play to the Police Station in violation of Articles 56 and 58 of the Disciplinary Code and Article 35(1)(a), 35(7)(d) and 35(10) the GFA General Regulations.
DEFENCE Bofoakwa Tano in its Statement of Defence pleaded not guilty to the charge, waived their rights to personal hearing and submitted a Written Statement of Defence to defend the charges against the club.
PROCEEDINGS AND FINDINGS The Committee examined the depositions in the Charge Sheet, the Written Statement of Defence and the reports of the match officials of the said match.
In its Written Statement of Defence signed by Prince Nartey, the Administrative Secretary of the club, Bofoakwa Tano FC explained, on the first count, that its players, officials and supporters comported themselves before, during and after the match and appealed to the Committee to avert its mind to the fact that Techiman City FC were once a Sunyani based club and commands a huge following in Sunyani.
Bofoakwa Tano FC stated further that during the recess with the score 1-1, the supporters of both sides especially the Muslims mingled and rushed to have their mosque which is to the back of the VIP areas. The club thus contended that it cannot therefore be said that the supporters there were their supporters. They urged the Committee to dismiss the charge as being without merit.
The Committee took cognizance of the fact that the equalizer by the away team came in the 42th minute of the first half, few minutes before the recess and that the report was very clear that the supporters of the home team were the culprits which prompted the advice from the police personnel present in order to safeguard the match officials. The Committee accordingly holds that Bofoakwa Tano FC have not rebated the presumption of the accuracy of the match report.
On the second charge, Bofoakwa Tano stated that having won the match 2-1, it would be illogical for their supporters who were in jubilant mood to “still pursue the referees to assault them after the match”. The club further added that its supporters took to the streets to celebrate the victory caring little about what was happening inside the Coronation Park and urged the Committee to dismiss the charge against the club.
Again, the Committee took notice of the fact that Bofoakwa Tano seems to base its defence on the scores of the match with regards to the home club’s responsibilities under Article 10 of the Division One League Special Regulations and Article 66 of the Disciplinary Code of the GFA. The club was not alive to its responsibility and offered no assistance to the match officials it seems from the defence.
The relevant provisions on this matter are very clear and unambiguous. These are Articles 10 of the Division One League special Regulations, Articles 66 of the Disciplinary Code reproduced below as follows:
Article 10(1) of the GFA Division One League Special Regulations reads: “Unless the GFA/DOLB states otherwise, the security detail on each match day rest solely on the home Clubs and it shall be its responsibility to ensure that the match is played in a safe, secure and sound environment”
Article 10(2) of the GFA Division One League Special Regulations reads as follows: “Home Clubs are responsible for the safety of match Officials and the visiting Club and Officials”.
Article 66(1) of the GFA Disciplinary Code states as follows: “The home team or home club is liable for improper conduct among spectators, regardless of the question of culpable conduct or culpable oversight, and, depending on the situation, may be fined. Further sanctions may be imposed in the case of serious disturbances”.
Article 66(3) of the GFA Disciplinary Code reads as follows: “Improper conduct includes violence towards persons or objects, letting off incendiary devices, throwing missiles, including displaying insulting or political sloganism any form, uttering insulting words or sounds, or invading the pitch”.
The Committee holds that it will side with the presumption under Article 85 of the Disciplinary Code on the facts stated in the match report. A number of regulations come into effect in the instance case even though the match was over. First, Article 35(2) of the General Regulations of the GFA provides that: Article 35(2) “Misconduct towards a match official away from the field of play where that misconduct can be related or traced to a match shall be dealt with as if it has been committed on the field of play”.
In respect of the charges against the supporters of the club, the Committee was also mindful of Article 35(4) which states that: Article 35(4) “The Association shall hold clubs responsible for the misconduct of their supporters before, during and after a match”.
The Disciplinary Committee was satisfied with the evidence before it that the conduct of the supporters amounted to misconduct and a breach of the GFA Regulations and shall accordingly apply the necessary sanction against Bofoakwa Tano in this respect.
The Committee wishes to state that there are structures within the Ghana Football Association which deal with complaints against any alleged mishandling of a match by a match official (may send a Complaint to the Match Review Committee established under Article 59(3) of the GFA Statutes) or against a misconduct by a match official (may send a Complaint to the GFA Prosecutor appointed under Article 39 of the GFA Statutes Referees or to the Referee Committee under Article 64 which has the duty to recommend the suspension or removal from the referees list referees found to be incompetent or guilty of serious misconduct per Article 64(6) of the GFA Statutes).
We dare say that attacking the match officials is definitely not one of the acceptable ways to channel and address grievances in association football.
Finally, the Committee wishes to commend the forthrightness of the Police personal in Sunyani for the prompt advice (for the match officials to stay on the field of play during recess) and action in ensuring the safety of the match officials in the most difficult of circumstances (driving their vehicle to the field to rescue the officials) on the day.
DECISIONS
The Disciplinary Committee makes the following decisions:
1. That the Committee having satisfied itself that the evidence adduced before it supports the charge of misconduct against the supporters of Tano Bofoakwa FC for two charges, hereby imposes a fine of Two Thousand Ghana Cedis (GH¢2,000.00) on the club in accordance with Article 39(1)(b) of the GFA General Regulations.
2. That Bofoakwa Tano FC and its supporters are hereby warned to be of good behaviour and that should Bofoakwa Tano FC be found of any misconduct charges during this football season, the Committee shall apply the maximum sanctions against the club.
3. That the fines mentioned in Decision 1 above, shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, failing which Bofoakwa Tano FC shall automatically forfeit all subsequent matches after the said deadline in accordance with Article 15(b) of the GFA Disciplinary Code and Article 39(8)(b), 39(8)(d) and 39(8)(f) of the First Amendment to the GFA General Regulations.
4. 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 (See Article 37(11) of the General