It calls for just an ascertainment of the date Kotoko presented its defence to the GFA for filing. We will first address the legal objection raised by Hearts of Oak to the validity of the defence filed by Kotoko.
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Hearts further relied on articles 17(3) and 37(1) of the GFA Disciplinary Code as well as articles 39(5)(b)(i) of the GFA General Regulations which defines “next official match” and 39(5)(b)(ii), to buttress their contention that Kotoko indeed featured an unqualified player in the match in issue. Kotoko, according to Hearts, were served with the protest on 12th August, 2015 and should have filed their defence by 17th August, 2015. Hearts alleged that the statement of defence was filed out time in violation of article 37(8)(a) of the GFA General Regulations, which enjoins a statement of defence to be filed within three(3) days of the service of the written grounds and statement of case in support of a protest (excluding Saturday and Sunday). In reply, Hearts raised an objection to the propriety of the statement of defence filed by Kotoko. They also rely on the provision in the Special Rules for the Elite Clubs Cup Competition which specifies that any sanction received in the competition that has not been fully served during the competition must be served in the next match(es) of any competition sanctioned by the FA e.g. Kotoko relied on the definition of “official match” given in article 5(5) of the GFA Disciplinary Code as well as article 39(8)(a) of the General Regulations to contend that the Elite Clubs Competition match was an official match of the GFA and therefore,Obed Owusu should be considered to have served his suspension by virtue of being excluded from selection for that match. The player, according to Kotoko, thus legitimately played in the three premier league matches thereafter, namely, Kotokovrs. After serving the suspension in that match, the player was eligible to feature in any official match of the GFA. According to Kotoko, the player indeed served his suspension by not featuring in the Elite Clubs Cup Competition match between Dunkwa United and Kotoko played on 15th July, 2015. Kotoko MTN FA Cup semi-final match played on 10th June, 2015 for the next official match. They averred that the player, in accordance with article 39 (5) (a) (v) of the General Regulations of theGFA, was automatically suspended after the Aduana Stars vrs.
In its defence, Kotoko admitted that the player in issue, Obed Owusu had received four (4) cautions in the official matches mentioned by Hearts and as specified above. Hearts prayed for the application of the sanction of forfeiture of a match against Kotoko. Hearts contended that on account of this, and, by the combined effect of articles 29(1)(e), 34(1)(e), 39(5)(a)(v) and 39(5)(b)(i) of the Ghana Football Association (GFA) General Regulations, the player was unqualified to feature in the 25th week Premier League match played against Kotoko. In execution of its burden of proof,the petitioner Hearts of Oak (hereinafter simply referred to as “Hearts”),filed three letters dated 19th January, 2015, 12th February,2015 and 29th July, 2015, duly signed by the Secretary to the Disciplinary Committee of the Ghana Football Association confirming the suspension of ObedOwusu in respect of the three Premier League matches referred to above. Kotoko played on 10th June, 2015 (iv) Match day 24 – Asante Kotoko vrs. Kotoko played on 11th February, 2015 (iii) FA Cup Semi-Final match – Aduana Stars vrs. Kotoko played on 17th January, 2015 (ii) Match day 7 - Ashantigold vrs. The matches referred to were, (i) Match day 1 – Aduana vrs. 7, Obed Owusu who was fielded by Kumasi Asante Kotoko(hereinafter simply referred to as “Kotoko”) had received four (4) cautions in matches previously played by Kotoko, before the match in question and was therefore unqualified to play against Hearts of Oak in the 25th week Premier League match. The gravamen of the protest is that player No. On the 3rd day of August, 2015, Accra Hearts of Oak Sporting Club lodged a protest against Kumasi Asante Kotoko Sporting Club for fielding an unqualified player in the person of ObedOwusu in their 25th week league match played at the Accra Sports Stadium. PANEL: Godfred Yeboah Dame (Vice-Chairman), Godsway Glah and W.
IN THE MATTER OF A PROTEST BY ACCRA HEARTS OF OAK S/C AGAINST KUMASI ASANTE KOTOKO S/Cįor fielding an unqualified player in the person of Obed Owusu in their 25th Week Premier League match played on 2nd August, 2015
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The GFA Disciplinary Committee has upheld Accra Hearts of Oak’s protest against Asante Kotoko in respect of the eligibility of Obed Owusu in their Match day 25 Premier League game played on August 2, 2015.įind below the GFA Disciplinary Committee's full ruling:
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