The GFA Disciplinary Committee has upheld the decision of the Volta Regional FA Disciplinary Committee in the Appeal case between Agbozume Weavers and Agbozume United FC.

PROCEEDINGS In accordance with Article 41.6 of the GFA Statutes and Articles 37(10)(a) to 37(10)(h) of the Ghana Football Association (GFA) General Regulations, this Disciplinary Committee (the Committee) considered the depositions from Agbozume Weavers Football Club (Appellant), Agbozume United Football Club (Respondent) and the record of proceedings from the Disciplinary Committee of the Volta Regional Football Association (VRFA DC).

SUMMARY OF THE FACTS

CASE OF AGBOZUME WEAVERS FC Agbozume Weavers Football Club (Appellant), on October 28, 2015 brought an appeal to overturn the decision of the VRFA DC delivered on October 1, 2015 which dismissed the club’s protest against Agbozume United Football Club (Respondent) for allegedly fielding two unqualified players namely, Kwasi Sarpong and Papa Dodzi in their second division league match played at the Agbozume Park. This Appeal is however about one of the two players.

The Appellant alleged that Agbozume United fielded Papa Dodzi whose player licence was not available at the match. The Appellant claimed that the Respondent had three days within which to submit the said player’s licence to the VRFA which the club failed to do. According to the Appellant the Respondent rather produced the card of Agarawa Dodji. It is the case of the Appellant that these are two different persons hence the player, Papa Dodzi who played in the match as captured by the match report, was unqualified to play in the match. The Appellant attached a number of documents in support of its case.

The Petitioner consequently, demanded that the decision of the VRFA DC should be declared null and void and the Appellant declared the winner of the match.

DEFENCE OF AGBOZUME UNITED FC The Respondent, Agbozume United FC, in its Statement of Defence stated that the Appeal ought to be dismissed on five grounds: 1. That Papa Dodji Agarawa was duly registered (various documents attached). 2. That the appeal was filed out of time in violation of Article 37(11) of the GFA Regulations. 3. That date of the verdict of the VRFA DC was altered by Agbozume Weavers FC from October 1, 2015 to October 20, 2015 4. That the signature of A.A. Kordzo Adzokpa was forged on the Appeal document. 5. That the Appellant used the team sheet without knowledge.

The Respondent also attached various documents to support its position. FINDINGS AND GROUNDS OF THE DECISION Once the issue of filing of the Appeal was raised, the first issue for the Committee to determine was whether the Appeal was properly filed to enable the Committee to consider the merits of same. For if that defence were to be successful there would be no need to go into the merit of the Appeal.

The relevant position on this issue is very clear and unambiguous. Article 37(11) of the GFA General Regulations provides answers to this issue. The said Article states as follows: Article 37(11) “Any club, official or player who is dissatisfied or aggrieved by a decision of the Disciplinary Committee, Ethics Committee or the Players’ Status Committee of the GFA may appeal against such decision within three (3) days of being notified in writing”.

It is the finding of this Committee that the decision of the VRFA was dated October 1, 2015 (see covering letter) and both clubs were called to come for their copies of the decision. The Respondent club received their copy on October 2, 2015.

However, the Appellant club did come go for their copy of the decision until October 20, 2015. As such on the faithful day, the VRFA Secretary used a pen and changed the date of the covering letter from October 1, 2015 to October 20, 2015 to reflect the date of receipt of the decision by the Appellant. This Committee has no cause to doubt the sequence of event delivered by the VRFA Secretariat and hold same to be the fact. In any case this tallies with the very document submitted. The purported inscription indicating receipt of the document on October 28, 2015 at 9:05pm by the Appellant baffles this Committee and cannot be accepted as it is not supported by the records. This Committee is not ignorant that the VRFA offices close at 5pm.

Now, the appeal was filed by the Appellant with the GFA on October 29, 2015, seven (7) clear days from the date of receipt of the decision of the VRFA DC on October 20, 2015. Clearly, this Appeal was caught by the provision of Article 37(11) of the GFA General Regulations which requires only appeals filed within the stipulated three (3) days upon receipt of the decision to be entertained.

This appeal is therefore not properly brought before this Committee and therefore the Committee shall not go into the merit of same.

DECISION