[ 2014-11-15 ]

Why the Ghana Premier League has delayed
Good day where ever you are, fellow
“football-ites”. Today, we will take an
impassioned look, completely bereft of personal
opinion as to why the Ghanaian Premier League has
overly delayed. All over the planet, leagues are
negotiating their 8th to 10th weeks, but in
Nkrumah’s Ghana, you barely smell kick off. The
reasons are heavily mired in legalese, but as we
often do on this platform, we will break down this
issue bare, to the understanding of ordinary
followers. Before we proceed however, let me issue
a strong disclaimer, that this exercise is by no
means a judgment or opinion on a matter that is
before the law court. Well, now that is out of the
way, I can breathe easy and state the facts as
they have been reported. Ready? Let’s begin by
clarifying King Faisal’s intentions.

What a “King” wants

In the second week of September 2014, ahead of the
commencement of the 2014/2015 Premier League
season, while the Ghana Football Association (GFA)
was readying for Congress in Prampram, a bolt from
Accra waded through Tema and struck Prampram.
Interlocutory Injunction! Well, in
“Layman-ese”, that is simply, a court order
which requires an individual to perform an act, or
restrain that individual from performing a
particular act”. Alhaji Grunsah, founder and
bankroller of Kumasi based club, King Faisal,
secured the said injunction on the Congress. Why?
To preclude the GFA from confirming relegation and
promotion of teams, an item, that would have been
part of the agenda. Reason being? That petition,
which King Faisal had filed against Aduana Stars
and subsequently dismissed, could yet reverse
Faisal’s relegation status if the hearing was
re-opened. A fresh hearing of the petition
against Aduana is what Alhaji Grunsah and King
Faisal are seeking from the courts. But how did a
football matter, that should have been settled by
the GFA’s Disciplinary Committee (DC) end up in
court?



How we got here

When Aduana Stars filed a protest against Accra
Hearts of Oak for allegedly failing to pay their
former coach, David Duncan, a sum of money within
a stipulated period; 14 days after the Status
Committee ordered them to, they least bargained
that the protest would generate the ripples it
has. The DC eventually threw out Aduana’s
protest and fined them Five Thousand Ghana Cedis
(GHC5,000). The GFA communicated the decision to
Aduana on Friday March 21, 2014. Now, this is
where it gets interesting. Per GFA’s Article 39
(8), Aduana were required to have paid up not
later than 14 days, excluding Saturdays, Sundays
and Public holidays, after the DC’s decision had
been communicated to them in writing.

King Faisal’s argument is that Aduana didn’t
pay within the stipulated period and per the rules
should have forfeited two matches they played
against Heart of Lions and Berekum Chelsea in the
period they failed to pay up. Aduana accrued a
total of 4 points from those games and if they
were to forfeit those points, their total season
haul would reduce from 40 to 36 points, 2 points
below King Faisal’s total of 38 points. Surely,
you get the picture by now, don’t you? If
Faisal’s petition is upheld, Faisal could
possibly laugh their way back into the Premier
League. That, is what informed Faisal’s initial
petition which was eventually thrown out, twice;
first by the DC and then by the Appeals
committee.

Why Faisal’s Petition was dismissed

Aduana Stars have in their defense argued that
they paid the fine after they filed for an appeal
and a stay of execution. Now, this seems to be
sticking point. King Faisal’s counter argument
is that, Aduana’s appeal and stay of execution
was null and void because Aduana didn’t pay the
stipulated fee of GHC500 for the appeal but rather
paid GHC250. This seemingly conflicting info is
explained by the DC in one of their observations
for dismissing the petition on August 20, 2014. In
sum, the DC acknowledged a mistake by one of
GFA’s cashiers, Joyce Asare Owusu, who allegedly
misinformed Aduana that the filing fee for the
appeal was GHC250 when it was actually GHC500.
Aduana, it is reported, paid the balance the
following day, hence should not be made to suffer
because of a mistake of an officer of the GFA. It
was based on this, that Faisal’s petition was
initially dismissed.

The questions

In reviewing this case, there is the temptation to
draw conclusions but knowing the matter is before
court, to be heard on November 14, 2014, I am
rather leaning towards “Lady Caution”, though
the questions linger; what happens if Faisal’s
case is upheld and the petition given a new
hearing? Would Aduana’s defense still hold?
Assuming Faisal gets verdict, would the league be
expanded to 18 clubs to keep all parties happy as
is being rumoured? Wouldn’t that be a bad
precedent? What if Faisal loses the case entirely,
would Alhaji be expunged from the Association for
taking a football matter to court? The questions
linger, but November 14 beckons.

Source - Ghanasoccer

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