The GFA Disciplinary Committee has banned Dreams FC player Cudjoe Mensah/Daniel Gozar for one (1) football season after being charged with two counts of misconduct.
Cudjoe Mensah was alleged to have registered for two clubs in two different league divisions of the Ghana Football Association under different names (Daniel Gozar and Cudjoe Mensah respectively) using different date of births in the 2013-2014 football season contrary to Article 26(3)(b) and 35(12) of the GFA General Regulations.
PANEL 1. Prosper Harrison Addo, Esq. - Chairman 2. W.O.1 J.W. Amoo - Member 3. Godsway Glah - Member Emmanuel Newton Dasoberi - Secretary
IN ATTENDANCE Raphael Tottimeh - GFA Prosecutor
THE CHARGE Cudjoe Mensah, a player of Dreams FC, was charged with two counts of misconduct. Cudjoe Mensah was alleged to have registered for two clubs in two different league divisions of the Ghana Football Association under different names (Daniel Gozar and Cudjoe Mensah respectively) using different date of births in the 2013-2014 football season contrary to Article 26(3)(b) and 35(12) of the GFA General Regulations.
DEFENCE Cudjoe Mensah in his written Statement of Defence pleaded guilty to the charges and waived his right to personal hearing.
PROCEEDINGS AND FINDINGS The Committee examined the depositions in the Charge Sheet and the written Statement of Defence.
In his Statement of Defence, Cudjoe Mensah, pleaded guilty but explained that his actions were not done with any malice. He went further to plead with the Disciplinary Committee to temper justice with mercy, as football is his only profession. Cudjoe Mensah further stated that: “I wish to explain that my full name is Daniel Cudjoe Mensah Gozar. I used Daniel Gozar in the past but as a family we decided that I only use Codjoe Mensah.
Cudjoe Mensah explained further as follows: Like every player I was genuinely desperate to play professional football outside Ghana. It is in this light that when I was promised an opportunity by a third division club to travel outside for a trial, I used my preferred name of Cudjoe Mensah and subsequently transferred to Dreams FC with that name.
I have apologised to Dreams FC and Amidaus FC. I only wish to play football and if my actions have hurt anyone I am sorry as this is solely my fault. I did not mean to hurt anyone.
The admission of guilt and the show of remorse notwithstanding, the Committee examined the evidence from both the GFA Prosecutor and Cudjoe Mensah and the Committee is clear in its position that the regulations do not allow for the alleged behaviour by Cudjoe Mensah.
It is the view of the Committee that Article 26(3)(b) of the GFA General Regulations has been breached by Cudjoe Mensah and the consequences must follow. The said Article 26(3)(b) reads: “a player shall only be registered for one club at a time”.
The Committee is well aware that the acts took place in 2003 and not in the current football season. However, the Committee is also mindful of Article 43(1) of the GFA Disciplinary Code on limitation of prosecution for misconduct and offences committed in previous seasons cloths the Committee with the power to sanction offenders once the period had not elapsed.
Furthermore, it is the position of the Committee that proper legal steps must be taken when one effects changes to his or her personal records upon him or her coming into the knowledge of correct records. Otherwise, one risks being accused and as having committed forgery or falsification of records.
The Disciplinary Code of the GFA is very clear under Article 60(1). It states as follows (it is a reproduction of 35(12) of the GFA General Regulations):
Article 60(1): “Anyone subject to this code who, in football-related activities, forges a document or falsifies an authentic document or uses a forged or falsified document to deceive in legal relations will be sanctioned with a suspension of at least six matches”.
Reference is also made to Articles 29(2)(c) and 29(2)(c) of the GFA General Regulations. The two regulations read:
Article 29(2)(c): “Without prejudice to the generality of the foregoing provision of this Article, the Association shall in all cases locate and punish the guilty party/parties. In the event of the player being the sole guilty party, the results of the match which he played shall stand”.
Article 29(2)(d): “A player guilty of double or multiple registrations shall be suspended from participating in matches and competitions organised by the GFA for a period of one (1) year”.
The Disciplinary Committee is satisfied with the evidence before it that the conduct of Cudjoe Mensah amounts to misconduct and a breach of Regulations of the GFA and shall accordingly apply the necessary sanctions against Cudjoe Mensah in this respect.
DECISION The Disciplinary Committee makes the following decisions:
1. That the Disciplinary Committee having satisfied itself that the evidence adduced before it supports the charge, hereby imposes a ban 6 matches on Cudjoe Mensah/Daniel Gozar for the forgery of his documents (i.e. for changing it illegally or wrongly).
2. That the Disciplinary Committee having satisfied itself that the evidence adduced before it supports the charge, hereby imposes a ban of one (1) football season on Cudjoe Mensah/Daniel Gozar for double registration in the 2013 season.
3. That the bans stated in Decisions 1 and 2 above shall run concurrently with the effect being that the player will serve a ban of one (1) football season starting immediately.
4. That after having served the ban, Daniel Gozar/Cudjoe Mensah must use available legal steps to correct his identification
5. 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 Regulations of the GFA).