Dr. K. K. Sarpong has dragged Kotoko to court. |
Opinions are sharply divided on the case. Some think an
out of court settlement is necessary. Others believe the case must be pursued
in court to its logical conclusion. In the meantime, questions are being asked
as to whether it was right for the former Executive Chairman, Dr. K. K. Sarpong
to go court. Can the implication be that Dr. K. K. Sarpong – an Ashanti
indigene has indirectly dragged the Great King, the Asantehene Otumfuo Osei Tutu
II to court?
Others have also asked if at all Kotoko is beyond legal
suit. Why the fuss about this court action? It’s a thorny issue. Anyone
discussing it has to be extremely careful. First, the case is before a
competent court of jurisdiction. Secondly, there are issues of customs and
tradition, which one can’t ignore. There’s the view held by many Kotoko fans
that, they as indigenes of Ashanti, like Dr. Sarpong, wouldn’t drag Kotoko
which is owned by the Asantehene to court.
Their reasons are that, taking that action is equivalent
to dragging the Asantehene to court, something they would never attempt to do. Kotoko
is eternally owned by the Asantehene. Thus one can’t sue the club in a case
like this without drawing its owner into the fray. They say the two are not
detachable. Kotoko is the Asantehene and the Asantehene is Kotoko, they argue.
The above argument notwithstanding, the case is already in
court. That must be respected.
As a journalist, I fully respect that, knowing the
consequences of not showing that respect. Back to the contrasting views some
fans believe that, the case must be settled in court so that the court can make
a definite and binding pronouncement. Others think, it should be settled out of
court to forestall the situation where Kotoko’s dirty linen will be washed in
public.
Then there are those who also argue that, if there should
be an out of court settlement, Dr. K. K. Sarpong respectfully should initiate
that process, not Asante Kotoko. There are also those who are of the conviction
that, to bring an end to the trend where ex-Kotoko managers make claims of the
club owing them after their service, this case must be heard in court.
They say it will lead to some lasting changes regarding
the management of Kotoko’s finances by those appointed by the Great King to
manage it. Lawyers representing Kotoko are confident of mounting stoic defence in
court. The National Circles Council have reposed absolute confidence in
Kotoko’s lawyers. It doesn’t also look like an out of court settlement is in
the offing given what a highly placed management source has said elsewhere in
this publication.
“Kotoko want the case to be resolved by the court and in
court. There’s no chance of an out court settlement” the source said. “Anybody
thinking of an out of court settlement should forget about it. It’s not going
to happen. Kotoko have been dragged to court. Kotoko lawyers have responded to
the claims made against it. When the case is finally called and the legal
battle begins, the club’s lawyers will argue their case as expected” the source
added.
The source continues: “From the information available,
Kotoko haven’t sued any individual or any club. Kotoko haven’t taken anybody to
court. Kotoko haven’t instituted any court action so where from those appeals?
Why are they not appealing to those who sued Kotoko? “Kotoko won’t go for an
out of court settlement. If people are bent on seeing Kotoko doing that, they
should stop; it will not happen…Kotoko is well positioned to fight this case”
it ended.
At this stage, I can only give an advice. That advice
goes to Kotoko supporters especially. In the i
nterest of the case and indeed
Kotoko, all commentaries should be made with the greatest of circumspection.
There is no point in seeking to say anything that will be injurious to the
outcome of the case. Again, we must be cautious with our remarks on the case.
We should stay away from prejudicial comments. Eventually when the case has
been thoroughly dealt with by the court, I will be back on the issue.