Ebusua Dwarfs appeal GFA for automatic promotion to GPL
Cape Coast Mysterious Ebusua Dwarfs Sporting Club has requested of the Ghana Football Association (GFA) to give them programmed capability to supplant downgraded Ashantigold instead of its choice to sort out a three-club season finisher to fill the vacuum.
A requested of endorsed by Michael Arthur Dadzie of Baduwa Legal Consult situated in Cape Coast for the benefit of Dwarfs expressed that the proposed season finisher including Tamale City, Dwarfs and Liberty Professionals was a blunder of judgment with respect to the GFA Executive Council (ExCo) since it was conflicting with the points of reference of the FA in such manner.
It refered to three cases in the past where the highest clubs from a similar zone were elevated to supplant the impacted clubs and in this manner anticipated that the FA should apply similar rule for Dwarfs to supplant Ashantigold, having completed second in Zone Two Division One League in the 2021/2022 season.
“By a Congress choice on the 2019/2020 football season, Great Olympics and King Faisal were elevated to Premier Division in the 2021/2022 association. Their places in the Division One League were taken by Division Two clubs lying on top of the association table,” it made sense of.
In a connected turn of events, Accra-based Division Two side, Danbort FC, has likewise request the GFA ExCo to cancel its choice to sort out a season finisher and elevate them and Dwarfs to supplant Inter Allies and Ashantigold in Division One and the Premier League separately.
It will be reviewed that Ashantigold as of late lost an allure against their downgrade to Division Two after they were viewed as liable for taking part in coordinate control with Inter Allies in a Premier League match in the 2020/2021 season.
BELOW IS THE FULL PETITION TO GFA
RE: DISMISSAL OF APPEAL OF ASHANTI GOLD SC, INTER ALLIES FC AND OTHERS BY THE APPEALS COMMITTEE PETITION BY CAPE COAST MYSTERIOUS EBUSUA DWARFS SC
We act as Lawyers for and on behalf of Cape Coast Mysterious Ebusua Dwarfs SC, hereinafter called our client whose instructions we have to lodge this Appeal. We write, with respect to the decision of the Ghana Football Association (GFA) Appeals Committee in the above cause or matter;
Our instructions are that on or about September 2021 and under Article 35 of the GFA Premier League Regulations 2019, an allegation of match-fixing involving Ashanti Gold Sporting Club and Inter Allies Football Club was presented to the GFA Disciplinary Committee to investigate, adjudicate on it and pronounce judgment based on its findings.
We further understand that by Article 35 (9) of the GFA Premier League Regulations 2019, the GFA Disciplinary Committee was duty bound to give immediate judgment in the matter presented to it after the period set for parties to file their respective Statements of Claim, Defence and Written Statements of Case. That, where the party to whom the protest is made against is found guilty by the Judgment or Ruling of the Disciplinary Committee, as the case may be, that party could suffer demotion and or total ban from the Premier League or activities organized by the Ghana Football Association (“the FA”).
It is the case of Dwarfs that several weeks after receipt of the Statements of Defence and Statement of Case from Ashanti Gold SC and Inter-Allies FC, the GFA Disciplinary Committee failed to pronounce judgment on the matter and the FA proceeded to commence the 2021/2022 Premier League. We state that the decision of the Disciplinary Committee regarding the match-fixing allegation, if it had expeditiously been delivered would have afforded Cape Coast Mysterious Dwarfs FC the chance to participate in the 2021/2022 Premier League. This is because the rule is that where it was found by the Disciplinary Committee that the affected parties were guilty of the offence of match-fixing, the imposition of a sanction of demotion or suspension against Ashanti Gold would have meant that a team is brought from the Relegation Zone to add up to the list of participating teams in the 2021/2022 Premier League, in which case, the immediate beneficiary team would be the Cape Coast Mysterious Dwarfs FC. However, this process was utterly ignored and the 2021/2022 Premier League season commenced.
On May 16, 2022; following the Football Association’s extensive investigation of possible match manipulation of the 2020/2021 Ghana Premier League Match Day 34 game involving Inter Allies FC and Ashanti Gold SC, the GFA Disciplinary Committee found both clubs guilty of the offence of match-fixing and demoted Ashanti Gold SC to the Division Two League per Article 6(3)(h) of the GFA Disciplinary Code 2019.
It is our understanding that the GFA Appeals Committee has dismissed the Appeal cases filed by Ashanti Gold SC and Inter Allies FC against the decision of the Disciplinary Committee and has endorsed all sanctions imposed by the GFA Disciplinary Committee on the Clubs, Players and Officers.
The club that lies on top of relegated clubs in the Division or Zone at the end of the league, gains automatic promotion in the event of a decision by an F.A judicial Body that reduces the number of the non–relegated clubs and I crave your indulgence to cite a few examples:
1. In the 2014/2015 League when Tema Youth won a case at CAS, Tema Youth was re-instated in the 2016 /2017 Premier Division and Dreams F.C was relegated to Division One following the ruling by the Appeals Committee of the GFA. The Appeals Committee was ordered by the Court of Arbitration for Sport (CAS) to hear the case after Tema Youth petitioned the Switzerland-based body claiming justice was not delivered in the two previous hearings by the Disciplinary Committee of the GFA.
2. In another instance which happened in the 2019 season, by a decision of the F.A. Disciplinary Committee, Phar Rangers were demoted from Division One (Zone 3) and were replaced by Sporting Mirren who were on top of the relegated Division Two Clubs in Zone 3.
3. By a Congress decision on the 2019/2020 football season, Great Olympics and King Faisal were promoted to Premier Division in the 2020/2021 league. Their places in the Division One League were taken by Division Two Clubs lying on top of the league tables.
It is important to state that in ALL these cited cases, the promotion of the clubs was limited to clubs in the same zone as the relegated clubs. The application of this rule is justifiable as it avoids the tendency of interpretation of the Rule that may be skewed to favour underserved clubs and create more problems for the F.A. and delay the start of the 2022/2023 Premier League.
Cape Coast Mysterious Dwarfs F.C. is convinced that the GFA would be firm in applying the precedents in the cases cited above and treat the current issue as a Zone Two (2) matter and limit it to Zone Two of Division One League as it has done in the previous cases as cited supra in this Petition and that, it would not look beyond Cape Coast Mysterious Dwarfs FC in finding a replacement for relegated Ashantigold Football Club. Reference is made to the underlisted cases:
#Phar Rangers, after winning the CAS case got Sporting Mirren relegated from Zone 3 and they were admitted.
#When Olympics were promoted to the Premier Division, Sporting Mirren automatically reverted to the Division One League in ZONE 3 as it was a purely Zone 3 matter.
#In the same vein when King Faisal was promoted to the Premier Division in the that same season, Wasaman from Zone 2 replaced it because Wasaman was the team that got relegated when Faisal went on relegation the previous year. This again is a purely Zone 2 affair.
It is on the strength of the above that the present Petition has been lodged.
We are counting on your usual cooperation and effective delivery of justice.
MICHAEL ARTHUR-DADZIE. ESQ.
LAWYER FOR AND ON BEHALF OF
CAPE COAST MYSTERIOUS DWARFS F.C.
Cc: The Chairman
GFA Disciplinary Committee
The Chairman GFA Appeals Committee
The Board & Management MYSTERIOUS DWARFS
SOURCE: Graphic Sport
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