The GFA Disciplinary Committee has awarded Unity Stars three points and three goals in respect of their GN Bank Division One League match against Bolga Man City at the Goaso Park on September 16.
Unity Football Club (the Petitioner) on Monday, September 21, 2015 protested against Bolga Man City Football Club (the Respondent) for failing to honour their Match Day 27 GN Bank Division One League match at Goaso in contravention of Article 34(1)(f) of the General Regulations of the GFA.
PANEL 1. Prosper Harrison Addo, Esq. - Chairman 2. W.O.1 J.W. Amoo - Member 3. 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 Unity Football Club (Petitioner) and the match reports of the match officials.
SUMMARY OF THE FACTS
CASE OF UNITY FC Unity Football Club (the Petitioner) on Monday, September 21, 2015 protested against Bolga Man City Football Club (the Respondent) for failing to honour their Match Day 27 GN Bank Division One League match at Goaso in contravention of Article 34(1)(f) of the General Regulations of the GFA. According to the Protest, Bolga Man City FC failed to appear to honour the match without any good reason.
The Petitioner consequently, demanded that per Article 34(1)(f) of the General Regulations of the GFA, the club should be declared the winner of the match.
DEFENCE OF BOLGA MAN CITY 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. Bolga Man City was served with the process by the GFA on Tuesday, October 6, 2015.
FINDINGS AND GROUNDS OF THE DECISION The absence of a Statement of Defence by Bolga Man City 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 Unity 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, Bolga Man City 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 Bolga Man City FC to honour the match was not as a result of force majeure. Bolga Man City FC is therefore, caught squarely by Article 34(1)(f) of the General Regulations of the GFA.
The Committee holds that the Protest of Unity FC shall succeed.
DECISION
The Committee therefore makes the following decisions:
1. That for failing to honour the match, Bolga Man City 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, Bolga 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 Unity FC.
3. That in addition, being the defaulting club, Bolga 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 Unity FC pursuant to Article 34(5)(a) of the General Regulations of the GFA.
4. That being the defaulting club, Bolga 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 fines mentioned in Decisions 3 above, shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, failing which Bolga 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).