A verdict to keep...

The Appeals Committee of the Ghana Football Association (GFA) opened the eyes of the football populace when they delivered what has been variously described as a very erudite verdict in the Hearts-Kotoko tussle over the eligibility of striker, Obed Owusu in the August 2, First Capital Plus Premier League match at the Accra Sports Stadium.

Kotoko won the game 2-1. Hearts subsequently protested claiming that, the Kotoko striker was unqualified for the match, having received a yellow card suspension. Kotoko challenged Hearts’ stance, insisting that, Obed Owusu was fielded in an Elite Cup match prior to their encounter for which reason his ineligibility had long been annulled.

The Disciplinary Committee of the GFA saw little or no wisdom in the argument advanced by Kotoko. They ruled on September 1 that, matches in the Elite Cup competition were not official. As a result, Kotoko was wrong in using an Elite Cup match, to as it were, cancel Obed Owusu’s yellow card suspension. Kotoko were declared losers against Hearts and also docked three more points to serve as punishment besides a GHȼ5,000 fine.

The case didn’t end there. Kotoko headed straight to the Appeals Committee, who after weeks of hard work, upheld Kotoko’s case, maintaining that matches in the Elite Cup are official. They argued that the Disciplinary Committee was wrong in declaring Hearts winners of the August 2 game. The other three-point’s deduction and the GHȼ5,000 fine was also reversed.

“Having considered the various definitions ascribed to official matches we cannot but to conclude that the Elite Clubs Cup Competition matches are for all intents and purposes official matches of the FA. In the circumstances, the Elite Clubs Cup match played between Kotoko and Dunkwa United was an official match. Obed Owusu having sat out in that particular match has therefore satisfied article 39(5) (a) (v) of the General Regulations of the FA.  

“We therefore hereby uphold the appeal filed by Kotoko and overturn the decision of the Disciplinary Committee dated 1st September, 2015. The results of the match in question stand undisturbed. The six points deducted from the accumulated points of Kotoko is hereby restored and Hearts remains the loser of the said match. The GH¢5,000.00 fine awarded against Kotoko is also vacated”.

The ruling by the Appeals Committee has since been hailed in different quarters. I know why. If the committee’s job was simply to hand Kotoko back their hard earned points to bring them to their meritorious second position on the 2014/15 First Capital Premier League table and send Hearts back to their unenviable 13th position, I think, the GFA’s appellate body would have  attracted so much scorn.

But wait, the Appeals Committee are being praised for upholding the truth and justice and the manner in which they did it shows their level of maturity and deep-seated appreciation of law. Only simple minds and fanatics interested in ranting and raving on radio without giving themselves to the impeccable legal wisdom will find fault with the Appeals Committee verdict.

A careful reading of the ruling by the Appeals Committee shows that, they weren’t only determined to cure the illogicality created by the Disciplinary Committee’s definition of what an official match is. I believe the Appeals Committee were also concerned with the potential chaos the Disciplinary Committee ruling could leave our football in future.

The hypothetical situation they cited and the accompanying cogent analysis they made in the ruling brings me to the firm conclusion that, the Appeals Committee did diligent work. Matches in the Elite Cup couldn’t have been unofficial in the situation where Special Rules had been created for it by the FA in acknowledgement of its complexity and novelty.

I made this point in practically every media commentary with the full conviction that, it was completely absurd for the Disciplinary Committee to assume that matches in a competition of the nature of the Elite Cup could be derogatorily termed friendly.

The Appeals Committee hasn’t only educated football fans with facts. They have also shared the sort of legal sense that must permeate our game to save it from illogicalities capable of killing interest in domestic football. The Appeals Committee’s verdict is one that must be kept. The verdict must be kept to guide us all that nothing should be made to stand in our game if it has no reasonable basis. I doff my hat for the Appeals Committee.