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Great Olympics' application for review in Berekum Chelsea case dismissed

8 years ago
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The Appeals Committee has dismissed Great Olympics’ application for review in the case of a protest brought against Berekum Chelsea by Asante Kotoko.

The Appeal’s Committee delivered a decision which overturned the Disciplinary Committee’s decision in the said case.

And Great Olympics who were not a party in the matter before the Disciplinary Committee and the Appeal’s Committee filed an instant application for review because they were affected by the Appeal’s Committee’s decision.

Below is the full decision delivered by the Appeals Committee on Thursday June 25:

DECISION 1. On 16th April, 2015 the Appeals Committee (AC) delivered a decision which overturned the decision of the Disciplinary Committee in a case of protest brought before it by Kumasi Asante Kotoko SC against the respondents, Berekum Chelsea FC.

2. Accra Great Olympics FC, the Applicant/Interested Party herein, though not a party in the matter before both the DC and the AC has filed the instant application for review because, according to them, they were affected by the decision of the AC. The DC’s earlier decision declared the respondents as having forfeited several matches including a match against Olympics for their failure to pay a debt owed West African Football Academy (WAFA). According to Olympics, the AC decision had negatively affected their accumulated points in the league standing.

3. A cardinal issue which arises from the instant application is that of capacity of Olympics to initiate the instant proceedings. As earlier indicated, Olympics was neither a party to the case before the DC nor the AC. They only claim to have been affected by the decision of the AC. 4. It is our considered view that merely having been affected by a decision of an adjudication body without more is not enough to cloth any person, either natural or legal with capacity to intervene in a matter on appeal or review. It must be noted that whenever a decision is made involving forfeiture resulting in the deduction of points from the points build-up of any club, such decision is likely to affect other clubs taking part in the league either positively or negatively. To stretch the meaning of “a party” for the purposes of proceedings before any of the adjudication bodies to include a club which is affected by any deduction of points of another club will amount to opening the flood gates for clubs or persons to meddle in matters the initial litigation of which did not involve them.

5. Accordingly, Olympics, not being a party to the matter before the DC and the AC, cannot at this stage wade into the matter by initiating this application for review on the mere ground that they were affected by the decision of the AC.

6. In the premises, it is our opinion that Olympics lack requisite capacity to initiate the instant application and same is hereby dismissed.

7. No cost is awarded.