Tuesday, May 26, 2015

Dr. Sarpong vs Kotoko: the contrasting views


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.

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