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Great Olympics declared winners of match against Bolga All Stars

Great Olympics declared winners of match against Bolga All Stars
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Great Olympics have been declared winners of their Ghana Premier League Day 4 match against Bolga All Stars.

According a decision released by the GFA Disciplinary Committee, Bolga All Stars failing to pay its share of officiating fees for the 2015/2016 season (last season) to the GFA on or before the October 31, 2016 deadline given by the Ruling of the Disciplinary Committee dated October 12, 2016.

Bolga all Stars FC have therefore acted in violation of Article 39(8)(b) and 39(8)(d) of the General Regulations (as amended on December 30, 2014 by the GFA Congress) and shall forfeit the match in respect of the protest by Great Olympics.

IN THE DISCIPLINARY COMMITTEE
GHANA FOOTBALL ASSOCIATION
Protest Case: No. A-3- 2017
CORAM
Prosper Harrison Addo, Esq. – Chairman
2. Eva Okyere, Esq. – Vice Chairperson
3. W.O.1 J. W. Amoo – Member
4. Alex Kotey – Member

Emmanuel Newton Dasoberi – Secretary
ACCRA GREAT OLYMPICS FC vrs BOLGA ALL STARS FC

PROTEST IN RESPECT OF THEIR MATCH DAY 4
PREMIER LEAGUE MATCH
PROCEEDINGS
In accordance with Article 41.5 of the GFA Statutes, Articles 37(10) (a) to 37(10) (d) of the Ghana Football Association (GFA) General Regulations, the Disciplinary Committee (hereinafter referred to as “the Committee”) considered the depositions from Accra Great Olympics Football Club (hereinafter referred to as “the Petitioner”) and Bolga All Stars Football Club (hereinafter referred to as “the Respondent”) with their supporting attachments and the reports of the match officials.

SUMMARY OF FACTS

CASE OF ACCRA GREAT OLYMPICS FC
Accra Great Olympics FC (the Petitioner) on Wednesday, March 1, 2017 protested against Bolga All Stars Football Club (the Respondent) for failing, refusing and neglecting to pay officiating fee and/or Disciplinary Committee fine on or before the stipulated time before playing in their Match Day 4 Premier League match at Tamale Utrecht Academy Park on Sunday, February 26, 2017 in contravention of Articles 34(1)(L), 39(8) of the General Regulations of the GFA and Article 10(8) of the Division One League Special Regulations.

The case of the Petitioner was that Bolga All Stars FC was on February 16, 2017 given a final reminder to pay the officiating fees for the past season (2015/2016 football season) in the sum of Eight Thousand and Four Hundred Ghana Cedis (the GFA Final Warning Letter was attached).

The Petitioner stated that Bolga All Stars FC was in default as at the time of playing the match in contravention of the regulations. The Petitioner also argued that the Respondent is now playing in the Premier League but that did not absorb the club from fulfilling the obligations of the club to the GFA within the stipulated time.

The Petitioner consequently, prayed that Bolga All Stars FC should forfeit the match, and that Accra Great Olympics FC be declared as winners of the match with three points and three goals awarded in favour of Accra Great Olympics FC.

DEFENCE OF BOLGA ALL STARS FC
The Respondent in their Statement of Defence to the Protest stated that the protest of Accra Great Olympics FC has no merits and ought to be dismissed.

Bolga All Stars stated that all payments required to be made by the club had been settled before the club played in the said match. The Respondent indicated that Accra Great Olympics FC should have made their checks before filing such a protest.

The Respondent further argued that in accordance with the Article 34(13) the burden of proof is on the protesting club to prove whether or not Bolga All Stars FC have paid the said amount but have failed to prove same.

REPLY OF ACCRA GREAT OLYMPICS FC
On March 13, 2017, the club filed its Reply to the Statement of Defence of Accra Great Olympics FC.

The club stated that it stood by its earlier statement of case and contends further that the Respondent’s inability to provide evidence of payment of the 2015/2016 DOL officiating fee fortified their case.

FINDINGS AND GROUNDS OF THE DECISION
The Petitioner stated that the Respondent should suffer forfeiture for violating Articles 34(1)(L), 39(8) of the General Regulations of the GFA and Article 10(8) of the Division One League Special Regulations. The Petitioner had alleged that Bolga All Stars FC had failed to pay their referee fees for the 2015/2016 season even after the final warning was issued this season.

It must be stated from the onset that Articles 34(1)(L) of the General Regulations of the GFA has been repealed by the GFA Congress since December 2014. It must also be noted that Article 10(8) of the Division One League Special Regulations is not applicable as the Special Regulations regulates only Division One League clubs.

Article 39(8)(b) of the General Regulations of the GFA is however in operation and reads:
“Without prejudice to any provision in these Regulations to the contrary, a club shall pay all fines, costs, debts imposed on it by the GFA or the Judiciary bodies of the GFA not later than 14 days excluding Saturdays, Sundays and Public holidays after such fines or costs have been communicated to it in writing by the Association on the GFA website, the GFA notice board, GFA newspaper, GFA newsletter, National Newspaper and/or through the GFA email to the official emails of the Club”.

Article 39(8)(d) of the General Regulations of the GFA also states as follows:
“A Club that fails to pay its fines, costs and debts on or before the stipulated due date shall automatically forfeit its subsequent matches until such time the fines and/or costs are fully paid”.

It is the finding of this Committee that the Disciplinary Committee indeed gave Bolga All Stars FC the required deadline of October 31, 2016 and the decision was duly communicated to the club in accordance with Articles 39(19) and 40(2)(c) of the GFA Regulations. It is a fact that the GFA sent a letter with the subject – Final Reminder – to all the clubs on February 16, 2017 which warned clubs of the risk of their further failure to pay the said amounts.

It is also the finding of this Committee that as at the time of the match on Sunday, February 26, 2017, Bolga All Stars FC had not paid the amount in question.

It is therefore our holding that the Protest of Accra Great Olympics FC shall succeed in respect of the match between Bolga All Stars FC and Accra Great Olympics FC.

In this respect, this process being different from the forfeiture process under Article 34(1) of the General Regulations, Articles 31(1) and 31(2) of the GFA Disciplinary Code explain what must be done as follows:
31(1) “A team shall be sanctioned with forfeiture and as such deemed to have lost the match 3-0”.

31(2) “if the goal difference at the end of the match is greater than three (sic – in favour of the benefiting club), the result on the pitch is upheld”

DECISIONS

The Committee therefore makes the following decisions:

That for failing to pay its share of officiating fees for the 2015/2016 season (last season) to the GFA on or before the October 31, 2016 deadline given by the Ruling of the Disciplinary Committee dated October 12, 2016, Bolga all Stars FC have acted in violation of Article 39(8)(b) and 39(8)(d) of the General Regulations (as amended on December 30, 2014 by the GFA Congress) and shall forfeit the match in respect of this protest.

That consequently the match result is hereby annulled and shall not stand.

That having been found to forfeit the match, Bolga All Stars FC shall be deemed as having lost the match 3-0 to Accra Great Olympics FC in accordance with Articles 31(1) and 31(2) of the GFA Disciplinary Code.

That should any party be dissatisfied with or aggrieved by this Decision, the party has within three (3) days after this Ruling have been communicated to the club to appeal to the Appeals Committee of the Ghana Football Association {See Article 37(11) of the General Regulations of the GFA}.

Prosper Harrison Addo, Esq.
Chairman, Disciplinary Committee (A)
Thursday, March 16, 2017

 

 

Aaron Kintoh

Aaron Kintoh

General Manager at Sports News-GH
A hard working and committed person who is also very passionate about sports. Love simple stuff and getting the work done!
Aaron Kintoh

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