Tema youth win case at Court Of Arbitration for Sport (CAS)

Tema Youth Football Club v. Ghana Football Association

ARBITRAL AWARD delivered by the COURT OF ARBITRATION FOR SPORT

 Sitting in the following composition:

President: Mr Mark A. Hovell, Solicitor, Manchester, United Kingdom

Arbitrators:Dr Marco Balmelli, Attorney-at-Law, Basel, Switzerland

Mr Bernhard Welten, Attorney-at-Law, Bern, Switzerland between Tema Youth Football Club, Greater Accra, Ghana Represented by Mr E, Selasi Adilm Esq., Attomey-at-Law, Georgia, USA as Appellant and Ghana Football Association, Accra, Ghana

Represented by Mr Kweku Eyiah,  Legal  Counsel and Mr Isaac Addo, Deputy General Secretary, Accra, Ghana as Respondent

Chateau de 138thusy  Av. de 13eaumont 2   CH-1012 Lausanne  T81:  +41 21 6'13  EiO 00  Fax: -1-41  2'1 613 bO 0'1    www.las-cas.org

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

Court of Arbitration for Sport

I.  PARTIES

I. Tema Youth Football Club ("Tema"  or the "Appellant") is a football club with its registered office in Greater Accra, Ghana. It is currently competing in the Polytank Division One League Zone 3B and is a member of the Ghana Football Association.

2.  Ghana Football Association (the "GFA" or the "Respondent") is the governing body of football in Ghana and has its registered office in Accra, Ghana. It is affiliated to the Federation Intemationale de Football Association ("FIFA").

II. Factual background

3. Below  is a summary of the main relevant facts and allegations based on the Parties' written  submissions,  pleadings  and  evidence   adduced  during  these  proceedings. Additional facts and allegations may be set out, where relevant, in connection with the legal discussion that follows. Although the Panel has considered all the facts, allegations, legal arguments and evidence submitted by the Parties in the present proceedings, it refers in this Award only to the submissions and evidence it considers necessary to explain its reasomng.

4.  On 30  October 2013,  Daniel Gozar signed an employment contract with Amidaus

Professional Football Club ("Amidaus") for a period of3 years, tenninating on 30 August

2016. Daniel Gozar has a date of birth of II  January 1994 and a licence number of

94011001 and was registered with Amidaus with these details.

5. At the end of the 2013/14 First Capital Plus Premier League season, Amidaus was relegated to the GN Bank Division One League.

6. On 15 October 2014, Daniel Gozar was transferred from Amidaus to Dreams Football

Club ("Dreams") and registered with Dreams.

7. On 25 July 2015, Tema and Dreams played each other in a match in the GN Bank Division One League, taking place at Kweiman Park in Accra, Ghana ("the Match"). During the Match, Dreams fielded two players named Cudjoe Mensah and Johnson Owusu Oppong (the "Players"). Tema lost the Match 2-0.

8. At the end of the 2014/2015 season, Dreams finished in first place with a total of 56 points and were therefore promoted to the Premier League. Tema finished the season in second place with a total of 49 points and remained in Division One.

Proceedings before the GFA Disciplinary Committee

9. On 4 August 2015, Tema filed a protest with the Disciplinary Committee of the Ghana Football Association (the "GFA DC") against Dreams alleging that Dreams fielded two ineligible players during the Match. Tema contended that Dreams had committed fraud by registering the player Daniel Gozar as Cudjoe Mensah and John Owusu as Johnson Owusu Oppong, forging their names and dates of birth. Tema requested the following relief:

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

Court of Arbitration for Sport

"1. To declare Dreams FC as losers of the 24111  Week fixture as per article 34(J)(e).

2. Three points and three goals should be awarded to Tema Youth FC as per 34(2)

of the General Regulations.

3. Application of sanction under article 34(5)(a). "

10. On   6 August 2015, Tema wrote to the GFA General Secretary requesting that records relating to the two players in concemed within their protest (i.e. Daniel Gozar/Cudjoe Mensah and John Owusu/Johnson Owusu Oppong) are made available to the GFA DC.

11. Dreams did not file a Statement of Defence within the required timeframe, i.e. within 3 days of receiving a copy of the protest.

12. On 17 August 2015, the GFA DC rendered a decision (the "GFA  DC Decision"), dismissing Tema's protest as follows:

"1. That having failed to establish that the two players were unqualified players

•when they played in the Match Day 24 GN Bank Division One League (Zone 3)

game between Dreams FC and Tema Youth FC, the protest ofTema Youth FC is

hereby  dismissed  in  accordance with  Article  37(16) of  the  GFA General Regulations.

2. That for bringing a ji-ivolous Protest before the Disciplinary Committee, Tema Youth FC is hereby fined One Thousand Ghana Cedis (GHc 1,000) in accordance with Article 37(16) of the General Regulations which shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, jailing which Tema Youth FC shall automatically fmfeit all subsequent matches after the said deadline by the Division One League Board or the GFA in accordance with Articles 39(8)(b), 39(8)(d) and 39(8)(/) of the First Amendment to the GFA General Regulations.

3. That should any party be dissatisfied 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 of the Ghana Football Association (See Article 37(11) of the General Regulations of the GFA)."

13. On 20 August 2015, Tema filed an appeal against the GDA DC Decision before the

Appeals Committee of the GFA (the "GFA AC").

14. On 11 September 2015, the GFA AC set aside the fine imposed on Tema but upheld the remainder of the GFA DC Decision (the "First GFA AC Decision").

15.On  14 September 2015, the First GFA AC Decision was communicated to Tema.

16. On 17 September 2015, Tema tiled for a review with the GFA AC and requested that the

GFA AC review the First GFA AC Decision.

17. On 5 November 2015, the GFA AC rendered the following decision ("the Appealed

Decision"):