Chief Seidu Adamu Writes: Ghana FA disciplinary committee breached several provisions of the Statutes in Phar Rangers Ruling
The Disciplinary Committee of the Ghana Football Association delivered its ruling on the case in which division one league side Phar Rangers have been accused of withdrawing from all Ghana Football Association’s Competitions, and failing to give satisfactory reason for the withdrawal from the 2021 FA Cup competition.
Base on the particulars of offence, the Ghana FA delivered a 5 point decision which will see the club, its shareholders, and directors banned from all football related activities for 5 years.
A careful reading of the Ghana FA Statutes {2019], the Ghana FA disciplinary codes,and the Ghana FA Division One League Regulations points to the fact that the disciplinary committee breached several articles in the above statutes and regulations.
Phar Rangers – Ghana FA disciplinary committee breached several provisions of the Statutes in Phar Rangers Ruling.
One of the three areas the prosecutor of the GFA sort to prove was whether the decision of phar Rangers to withdraw from the all competitions was “without just cause” and this unfortunately the DC failed to prove, in proving that the club’s letter of June 6 was without “without just cause” the DC failed to prove beyond reasonable doubt that the club had provided satisfactory reasons to warrant their withdrawal, but rather based their commentary on events in the past that has led into clubs withdrawing from the Association’s competition, the DC stated in Paragraph 6 [b] of its commentary “that Withdrawals from the Division One League during the crucial stages of the 2nd round has been deployed to disrupt the competitiveness and sporting integrity of the competition in the past, a season for the promulgation of the new provisions. One club would not be allowed to destroy the good efforts and investments of the collective”. This is not enough to establish just cause by the DC especially when the contents of Article 38[1] [a,b,c,d,e,and f] of the Division one league Regulations has not been fully activated.
The FA in its wisdom of ensuring proper financial and administrative management of clubs inserted the clauses in 38[1] [a,b,c,d,e,and f] of the Division one league Regulation to ensure individuals placed in charge of club management fully adhered to the principles of good management. It is in this spirit that the Ghana FA offered that “The Association reserves the right to cause an investigation into the financial management of any club or at the invitation of a recognized authority or body within the club”. As captured in clause [d] of article 38[1].
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As a matter of fact, a mere letter from an administrator and operations manager of company Who is not a director to the company cannot be taken to represent the entire structure of the club, a letter stating the defunct of a club is so huge and must carry the signature of a director of the company and not only an admin manager.
The DC should have investigated to satisfy themselves that indeed the club was defunct base on a resolution of the board of directors, rather that solely punishing the directors for the action of the administrator of the club
CONTRADICTIONS
The DC contradicted its ruling stating what constituted just cause to warrant the decision as delivered.
In paragraph 4 of its commentary, the DC stated that the club wrote to withdraw from the Competitions of the FA indicating the board has passed a resolution informing all of that the club was defunct, this they did not produce any document stating claim
“For requirement or ingredient (a) above, it is not in doubt that the club wrote and withdrew “FROM ALL COMPETITIONS FORTHWITH” indicating that the Board has passed a Board Resolution and also informed all and sundry that the club was DEFUNCT”.
The DC in paragraph 7 however contradicts themselves stating they could not trace any resolution from the board stating the club was defunct, therefore on what basis did they establish that the decision to withdraw was without just cause?
“We daresay that after considering the full contents of the Statement of Defence of Phar Rangers FC carefully, this Committee finds no trace whatsoever of the Board Resolution or any statement on the defunct position of the club. The club rather used words to the effect that in the mind of the club, the club had already withdrawn but wishes to change their mind by rescinding the withdrawn position because of the effect on other clubs and the league”.
Intention and Action
It is important to establish that at the time the Ghana FA charged Phar Rangers, it has only communicated its intention to withdraw, and not carried out any action whatsoever in the decisions to withdraw, the spirit in Article 13[3] is clear on carrying out the intentions, once the intention is not carried out, one cannot be assumed to have committed the offence as intended.
It is important to note that it is an FA release that stopped the club from carrying out its mandated duty of honoring competitions of the FA, the provisions of article 13[3] do not apply here until an action where a club fails to honor any match
Article 13 [3] Without prejudice to any provision in these Regulations, the Disciplinary Committee shall have the right to take appropriate disciplinary decisions, including but not limited to an imposition of a ban or a demotion against any club which withdraws from a competition or fails to honor any match without just cause and may also, ban officials of the club from taking part in football activities for a specified period.
DECISION TO BAN
The GFA statutes[2019] is very clear on expulsion, suspension, and resignations, articles 17, 18 and 19 are specific on matter concerning Resignation, Suspension and expulsion, these matter are the sole receive of congress, and there are specific offences that could trigger these actions, despite it failure to site any of these provisions, the DC is not clothed with the powers to expel a member,and the offence thereof.
