IN THE DISCIPLINARY COMMITTEE
GHANA FOOTBALL ASSOCIATION
Misconduct Case: No. A99–2016
CORAM
1. Prosper Harrison Addo, Esq.
2. Eva Okyere, Esq.
3. W.O. 1 J. W. Amoo
4. Godsway Glah
Emmanuel Newton Dasoberi
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Chairman
Vice Chairperson
Member
Member
Secretary
IN ATTENDANCE
Raphael Tottimeh
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GFA Prosecutor
GHANA FOOTBALL ASSOCIATION vrs REAL BAWKU UNITED FC
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IN THE MATTER OF A MISCONDUCT CHARGE AGAINST REAL BAWKU UNITED FC FOR
FAILING TO HONOUR FOUR (4) CONSECUTIVE LEAGUE MATCHES
(MATCH DAYS 25, 26, 27 AND 28) IN ZONE ONE OF THE GN BANK DIVISION ONE LEAGUE
THE CHARGE
Real Bawku United FC was charged with one count as per the Charge Sheet as follows:
CHARGE ONE
Statement of Offence
Bawku United FC is hereby charged for a breach of Article 6 & 7of the GFA Division One
League Special Regulations.
Particulars of the Offence Bawku United FC:
After your Match Day 24 against Tamale Liberty Babies FC at the Tamale Stadium on
Monday, September 8, 2016, you failed to honour all the subsequent matches to wit: Match
Day 25, 26, 27 and 29 in violation of the GFA Division One League Special Regulations
adopted by the Congress on 30th December, 2014.
DEFENCE
Real Bawku United FC did not attend the hearing of the Disciplinary Committee but sent the club’s
Statement of Defence to the GFA in response to the Charge dated September 22, 2016 signed by
the club’s Board Chairman, Hon. Mahama Ayariga.
PROCEEDINGS AND FINDINGS
The Committee examined the depositions in the Charge Sheet, the Statement of Defence of Real
Bawku United FC and the reports of the match officials for the matches concerned.
In the club’s defence to the Charge, Real Bawku United FC stated:“the club’s desire to resume its participation in the GN Bank Division 1 League after
failing to honour a number of matches since Match Day 24”.
“We wish to apologize sincerely for our inability to honour the last 4 matches which
was caused by circumstances beyond our control. Following the decision of the
Disciplinary Committee to declare us losers of the matches against Berlin FC and
RTU, management felt that there was no need to continue playing in the league when
the team was doomed for imminent relegation, and therefore contemplated
withdrawing from the league. In the midst of the uncertainty and gloom, majority of
our players who are not based in Bawku summarily took a French leave and
absconded to their homes in other regions of the country” the club stated.
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The club continued that:“Upon being appraised of the situation, the board headed by my good self as owner of the
club, intervened to ensure the team’s return to the league especially in the light of our
realization that the consequences of withdrawing without just cause would be terrible as
provided for in Article 14 of the General Regulations.
“Unfortunately, our efforts at getting the players, who ordinarily resides in such far-flung
regions as the Greater Accra, Ashanti and other regions proved a huge challenge and
logistical nightmare for us. It was therefore not until match day 27 that we were able to gather
enough players to constitute a team for us to attempt to honour our match day 28 home
fixture against Steadfast FC. Even then, we were unable to honour that match even after
attending the technical meeting that morning, as the official who had the custody of the
playing kit could not be traced till the match officials whistled for the end of the match”.
Real Bawku United FC concluded their Statement of Defence as follows:“We wish to apologize most sincerely to the GFA, the DOLB and all our opponents for the
inconvenience caused, and to assure all that we are prepared to play the rest of the matches
in order not to bring the game into disrepute or undermine the sanctity and competitiveness
of the leagues. We hope the FA and its Disciplinary Committee and Division 1 League Board
will tamper justice with mercy by allowing us to continue playing in the league to its end”.
The Committee considered all the evidence and holds that it will side with Article 85 of the
Disciplinary Code on the facts stated in the match report and the evidence given by the
prosecution on this occasion but the Committee also took due cognisance of the defence of Real
Bawku United FC.
In respect of the charge, Article 6 and 7 of the Division One League Special Regulations and
Article 14 of the GFA General Regulations are very relevant provisions to this matter.
Article 7(3) states as follows:
7.3 Where a Club fails to honour three (3) leagues without JUST CAUSE it shall be deemed to
have withdrawn from the league and the necessary sanctions under withdrawal shall apply”
(emphasises mine).
6.1 It shall be misconduct for a Club to withdraw from the Division One League after the league
has commenced without just cause.
6.4 A Club failing to give satisfactory reason for withdrawing from the league without first
obtaining the consent of the GFA, shall not be allowed to enter the league the following
season.
These provisions are emphasised by similar provision in Article 14 of the GFA General Regulations
and are very clear and unambiguous.
It is very clear from Article 7(3) of the Division One League Special Regulations that for the charge
to succeed, the prosecution must prove that:
a. the club has failed to honour three consecutive matches in the competition; and
b. the failure to honour the matches were without just cause.
It must be noted that once the above conditions or requirements have been proved, it is mandatory
for this Committee to conclude that the club has withdrawn from the competition because of the
mandatory “SHALL” in the provision as passed by the Congress of the GFA.
It must be noted also that irrespective of what the Committee thinks of the said provision, the
Committee is duty bound to apply the express provisions of the members of the football family
passed by more than three fourth of stakeholders present and voting at the GFA Congress.
For requirement or ingredient (a) above, it is not in doubt that the club failed to Honour the clubs
last four matches (Match Days 25, 26, 27 and 28). It is worthy of note that the club did not
challenge this assertion from the GFA Prosecutor but the club also affirmed the fact. Real Bawku
United FC in their Statement of Defence stated emphatically that we intentionally did not play
because they felt “doomed for imminent relegation”.
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It is the finding of this Committee from the evidence (the match reports of both the Match
Commissioners and the Match Referees of the said matches) that the club did not honour the
matches.
Now, on the second ingredient of whether or not the failure by Real Bawku United FC to honour
the four (4) matches were without just cause, we wish to refer to the concluding sentence of Article
7(2) and Article 7(4) of the Special Regulations of the Division One League.
The said provisions states as follows:
7.2 “Any Club that fails to honour any match without just cause shall be guilty of an offence
punishable by forfeiture. FORCE MAJEURE SHALL BE CONSIDERED A JUST CAUSE”.
7.4 “For the avoidance of doubt, non-availability or break down of a vehicle for travelling shall
not be considered a force majeure”.
This Committee’s position on the term “force majeure” were clearly stated in the Disciplinary
Committee decision in the Protest Case of FC Samartex 1996 vrs King Faisal FC dated Monday,
August 8, 2016 and the Committee see no reason to depart from those words.
The said pronouncements are reproduced below as follows:
“The Disciplinary Committee wishes to point out clearly that the term force majeure relates to
events due to causes that are outside the control of clubs, such as natural disasters or
epidemic as announced by national authorities, that could not be evaded through the
exercise of due care by the clubs. It must be an event that no human foresight could
anticipate or which, if anticipated, is too strong to be controlled or plan alternatives.
Reference is made to such an event such as war, flood, hurricane that may reasonably relieve
a team from the obligation to honour all sanctioned matches as required by Article 7(1) of the
Division One League Special Regulations and Article 14(1) of the GFA General Regulations”.
We daresay that after considering the full contents of the Statement of Defence of Real Bawku
United FC carefully, this Committee finds no trace whatsoever of just or/and force majeure as the
reason for the club’s failure to honour the four matches. The club rather used words to the effect
that in the mind of the club, the club had already withdrawn and only wishes to return to the
Division One League competition having been appraised with the rather severe consequences of
the actions of the club.
It is evident that the provision under Article 14 of the General Regulations and Articles 6 and 7 of
the Division One Special Regulations on consequences of falling foul to the misconduct dire
because the actions affects so many participants in the leagues, the GFA and the public. The
consequences include but not limited to expulsion, club ban, refund any expenses incurred by the
GFA on the club such as referee fees, refund of sponsorship, bans for club shareholders and
directors and declaring the players of the defunct club as Free Agents.
These consequences are stated in Article 6 of the Special Regulations, the new Article 14(3) of the
General Regulations passed by the GFA Congress on November 9, 2015 and many others.
The Division One League Special Regulations states as follows:
6.2
Any Club intending to withdraw from the league must give notice of its
intention to do so to the GFA not later than eight (8) days before the
commencement of the League. Should a Club fail to comply with this rule the
Association shall have the power to compel SUCH OFFENDING CLUB TO
REFUND ANY EXPENSES INCURRED AND TAKE SUCH FURTHER ACTION AS
IT MAY DEEM FIT.
6.3
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Without prejudice to any provision in these Regulations, the GFA reserves the
right to take appropriate disciplinary action, INCLUDING EXPULSION, against
any Club which withdraws from the League after it has started without just
cause.
6.4
A Club failing to give satisfactory reason for withdrawing from the league
without first obtaining the consent of the GFA, SHALL NOT BE ALLOWED TO
ENTER THE LEAGUE THE FOLLOWING SEASON.
Also, the new Article 14(3) of the GFA General Regulations as follows:
14.3 “Without prejudice to any provision in these Regulations, the Disciplinary
Committee shall have the right to take appropriate disciplinary decision,
including but not limited to an imposition of a ban or a demotion against any
club which withdraws from a competition or fails to honour any match without
just cause and MAY ALSO IMPOSE A BAN ON ITS OFFICIALS FROM TAKING
PART IN FOOTBALL ACTIVITIES FOR A SPECIFIED PERIOD”.
It is the considered position of this Committee that an attempt to avoid the above consequences
can never be considered as just cause.
The Disciplinary Committee is satisfied with the evidence before it that the conduct of Real Bawku
United FC amounts to a breach of regulations and shall accordingly apply the necessary sanctions
against Real Bawku United FC.
This Committee is also mindful of Article 6.5 of the Division One League Special Regulations which
is a repeat of Article 14(5) of the GFA General Regulation and consequently shall make the
necessary consequential orders to that effect.
The said regulation states as follows:
6.5
“The GFA shall expunge from the competition any points and / or goals buildup in respect of matches played with a Club that withdraws from the league
after the league has started”.
It must be noted that this situation caused by Real Bawku United FC affetcts the league table and
hence every club in Zone One of the GN Bank Division One League. The effects of the misconduct
on all stakeholders cannot be quantified and should not be lost on all who are interested for the
growth of the game.
It is in this regard that the severest of punishment allowed under the regulations must be applied to
serve as a deterrent to all other clubs.
There is no doubt that the sanctity of the competition must be maintained to attract sponsorship
and also to guarantee the needed mileage for the sponsor.
This Committee is of the view that the right signals must be sent to all clubs in this respect and
would therefore not apply the minimum punishment in this respect.
DECISIONS
The Disciplinary Committee makes the following decisions:
1. That the Committee having satisfied itself that the evidence adduced before it supports the
charge of misconduct against the club for failing to play three matches without just cause
hereby finds the club guilty of the charge and deems that Real Bawku United has
withdrawn from the 2015/2016 GN Bank Division League.
2. That having found Real Bawku United FC has withdrawn from the 2015/2016 GN Bank
Division League, the Committee hereby impose the following punishment on the club and
its Shareholders and Directors:
a. that Real Bawku United FC is hereby suspended from the leagues of the Ghana
Football Association for a period of Five (5) years effective this 2015/2016 football
season in accordance with Article 6(3) of the Division One League Special
Regulations and Article 14(3) of the GFA General Regulations.
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b. that in accordance with Article 6(4) of the Division One League Special Regulations,
Real Bawku United FC shall only be allowed to apply to join the Upper East
Regional Football Association at the lowest league upon the Club’s fulfillment of the
five season suspension.
c. that the Shareholders and Directors of Bawku United FC are hereby also banned
from all football activities for a period of five (5) years effective from this 2015/2016
football season in accordance with Article 14(3) of the GFA General Regulations, as
amended.
d. that having suspended Real Bawku United FC from the leagues, the Disciplinary
Committee hereby further orders that the players of the club shall apply and shall be
granted free agent status by the Player Status Committee of the GFA, free from all
encumbrances save the conditions attached to the transfers from their previous
clubs to Real Bawku United FC in accordance with the GFA Statutes.
e. that Real Bawku United FC shall refund all monies the GFA has invested towards
their participation in the League, including but not limited to, sponsorship amount
extended to the Club by the GFA and officiating fee in accordance with Article 6(2)
of the Division One League Special Regulations.
f.
that Real Bawku United FC is hereby fined an amount of Fifty Thousand Ghana
Cedis (GH¢ 50,000.00) in accordance with Article 6(2) of the Division One League
Special Regulations for putting the game into disrepute.
g. that the Disciplinary Committee further orders that the suspension of Real Bawku
United FC shall not relieve the club of its financial obligations which have already
accrued towards the GFA.
3. That the Ghana Football Association and its Division One League Board are hereby
ordered to expunge from the GN Bank Division One League competition any points and/or
goals build-up in respect of all the matches played with any club from the start of the league
to March Day 28 in accordance with Article 6(5) of the Division One League Special
Regulations and Article 14(5) of the GFA General Regulations
4. 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).
Prosper Harrison Addo, Esq.
Chairman, Disciplinary Committee (A)
Friday, September 23, 2016
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