Tema youth win case at CAS (II). Full details of the ruling

Court for Arbitration in Sports (CAS) 2015/A/4328 Tema Youth Football Club v Ghana Football Association

Court of Arbitration for Sport

"1. This is an application for review of the Appeals Committee's (AC's) decision dated II'" September, 20I5  which upheld the Disciplinwy Committee's (DC's) decision concerning the eligibility of two players of the respondents who featured in the GN Bank Division One league match day 24 game played between the parties herein at Kweiman park.

2. The applicants' case was that the respondents were involved infimtdulent deals or acts in the process ofregistration of those players thereby making the players unqualified to play in that match.

3. The DC found that there was no evidence adduced by the applicants in support of their allegation of fi'aud and consequently dismissed the  protest,  which decision was upheld by the AC. It is against this decision that the instant application for review has been initiated.

4. We  deem  it  appropriate to  state  the  legal  position  regarding  the  review jurisdiction of the AC. In the decision of the AC in the case ofTano Bofoakwa FC versus B.A. United FC dated 2"d  May, 20I4,  the AC expressed itse!f as follows;

5. In the instant case, it has not been demonstrated before us by the applicants that there had been some fimdamental or basic error which the AC inadvertently committed in the cause of delivering its earlier decision and that error had occasioned a miscarriage ofjustice. Neither have the applicants shmvn that they have discovered any new and important matter or evidence •which, after the exercise of due diligence could not be obtained or discovered by them.

6. In fact, upon careful examination of the record before us, we have no difficulty in concluding that the instant application constitutes nothing but a further appeal by which the applicants have canvassed previous arguments •which were

considered by the AC in delivering its earlier decision. We find the conditions precedent for a succesful invocation of the review jurisdiction non-existent in this case.

7. In the result, we shall decline the invitation by the applicants to review our earlier decision. Accordingly, the application fails and same is hereby dismissed.

8. No costs is awarded [sic]."

18.  On 11 November 2015, the Appealed Decision was communicated to Tema.

Parallel proceedings before the GFA DC

19.  On 28 September 2015, the GFA Prosecutor sent Cudjoe Mensah and Dreams a charge sheet which stated as follows:

"Statement of Offence

Tribunal Arbitral du Sport  CAS 20 15/A/4328 Tema Youth Football Club v Ghana Football Association

Court of Arbitration for Sport

Cudjoe Mensah is hereby charged for breaching Articles 26(3)(b) of the GFA General

Regulations in the 2013-14football season.

Particulars oft he Offlce

That you, Cudjoe Mensah, in the 2013-14 football season registered for two clubs one [sic] in two diffirent  division under different names (Emmanuel Gozar and Cudjoe Mensah respectively) and different date of birth of births [sic] contrary to GFA Regulations. "

20.  In or around October 2015, Cudjoe Mensah submitted his written statement of defence pleading guilty to the charges and waived his right to a personal hearing.

21. On October 13 2015, the GFA DC rendered a decision as follows:

"1. That the Disciplinary Committee having satisfied itse!fthat the evidence adduced before it supports the charge, hereby imposes a ban six matches on Cudjoe Mensah/Daniel Gozar for the forge1y of his documents (i.e. for changing it illegally or wrongly).

2. That the Disciplinmy Committee having satisfied itself that the evidence adduced before it supports the charge, hereby imposes a ban of one football season on Cudjoe Mensah/Daniel Gozarfor double registration in the 2013 season.

3. That the bans stated in Decisions 1 and 2 above shall run concurrently •with the effect being that the player will serve a ban of one football season starting immediately.

4. That after having served the  ban,  Daniel Gozar/Cudjoe  Mensah must  use available legal steps to correct his identification.

5. That should any party be dissati4ied with or aggrieved by this Decision, the party has within three (3) days of being notified of this Ruling to appeal to the Appeals Committee (See Article 37(11) of the General Regulations of the GFA)."

Parallel proceedings before the GFA Players' Status Committee

22.  In or around October 2015,  Amidaus filed  a claim in fi•ont of the Players'  Status Committee of the GFA (the "GFA  PSC") against Dreams regarding the transfer and registration of Daniel Gozar as Cudjoe Mensah.

23. On 5 November 2015, the GFA PSC ruled as follows (the "GFA PSC Decision"):

"The registration of Cudjoe Mensah by Botwey Youth F Cis declared null and void.

-  The GFA Ethics Committee should investigate the registration of the player and that all those found culpable in the .fictitious registration of Cudjoe Mensah by Botwey Youth FC should be dealt•with."

24. The reasoning for the GFA PSC Decision was as follows:

Tribunal Arbitral du Sport  CAS 2015/A/4328 Tema Youth Football Club v Ghana Football Association

Court of Arbitration for Sport

There was enough evidence that the player Daniel Gozar is the same as Cudjoe Mensah.

That the player indeed registered and played for Amidaus Professionals during the

2013/14 season and that his details were falsified to enable him register for a third Division Club by name Botwey Youth FC

The Committee  was not satisfied that Botwey Youth  had the right to release the

Player Cudjoe Mensah to Dreams F C

The Committee was satisfied that the release agreement dated 15th October, 2014 between  Amidau.Professionals  and  Dreams  F C as regards  the  player  Daniel Gozar is binding

That  the  purported  registration  of  Cudjoe  Mensah  by  Botwey Youth  FC   was improper and fictitious. "

Ill.  PROCEEDINGS BEFORE THE COURT OF ARBITRATION FOR SPORT

25. On 30 November 2015, pursuant to Articles R47 and R51 of the Code of Sports-related Arbitration (the "CAS Code"), Tema filed a Statement of Appeal/Appeal Brief against the Appealed Decision at the Court of Arbitration for Sport ("the CAS"). The Appeal Brief was directed only against the GFA and contained the following requests for relief:

"(1)  The Decision subject to Appeal (including the decision of September 14, 2015 of the same Appeals Committee) shall be annulled.

(2) The Respondent shall be obliged to declare Tema Youth FC as winners of the match day 24 played at Kweiman•with 3 (three) points and 3 (three goals) and a jitrther deduction of 6 (six) pointsfi"om the accumulated build up of Dreams FC as stated under article 34 of the General Regulations of the Respondent.