Disciplinary Committee squashes protest against Kotoko after Ashgold’s withdrawal

The Disciplinary Committee (DC) of the Ghana Football Association has thrown out the protest filed by Ashgold Gold against Asante Kotoko for fielding Obed Owusu whom they alleged was unqualified to play in their match day 24 game, after the Miners expressed they were no longer interested in the case.

Ashgold fc decided in a stakeholder meeting to discontinue the case against Kumasi Asante Kotoko in order to focus on their quest to clinch the league title and also not to destabilize the Porcupine Warriors.

“We took a decision to withdraw the case during a meeting with our supporters and all the people who matter in Ashgold, so that we can concentrate on our title ambition and also give Kotoko a free  mind to compete favourably in the league,” Kudjoe Fianoo, Ashgold’s CEO said.

This influenced the decision of the Disciplinary Committee not to scrutinise the defence filed by Kotoko to justify the eligibility of the players during the said game and proceeded to dismiss the case.

Below is the ruling of the Disciplinary Committee on the case

In accordance with Articles 37(10)(a) to 37(10)(d) of the Ghana Football Association (GFA) General Regulations, the Disciplinary Committee (the Committee) considered the depositions from Ashantigold Sporting Club (Petitioner) and Kumasi Asante Kotoko Sporting Club (Respondent).

SUMMARY OF THE FACTS

Ashantigold SC on August 4, 2015, protested against Kumasi Asante Kotoko SC for allegedly fielding an unqualified player, namely, Obed Owusu in their Match Day 24 First Capital Plus Premier League game played at Kumasi. Ashantigold SC alleges that the player played the said match in contravention of Articles 29(1)(e), 34(1)(e) and 39(5)(b)(i) of the General Regulations of the GFA. Ashantigold SC consequently demanded that by the application of Articles 34(2) and 34(10) of the General Regulations of the GFA, the match points should be awarded in their favour.

Kumasi Asante Kotoko SC filed a Statement of Defence on August 10, 2015, contended that the Protest against the club was without merit and ought to be dismissed and stated a number of reasons in support of the club’s case.

Ashantigold SC then filed a Reply to the Statement of Defence of Kumasi Asante Kotoko SC and repeated the club’s desires to be awarded the three (3) points and three (3) goals.

FINDINGS AND GROUNDS OF THE DECISION

In the process of adjudicating and to deliver its decision on the matter, this Disciplinary Committee received a letter from the Petitioner with the subject: WITHDRAWAL OF PROTEST – ASHANTIGOLD SPORTING CLUB VERSUS ASANTE KOTOKO SPORTING CLUB.

The Petitioner in the letter received on August 26, 2015, at 1:15pm stated that:

“We wish to inform you that we are no longer interested in pursuing the matter and hereby withdraw the protest forthwith”.

It is trite law that once a Petitioner withdraws his Petition, a Committee must grant the wish of the Petitioner immediately without going into the merit of the matter.

DECISION

The Committee therefore, decides that the Protest brought by Ashantigold SC against Kumasi Asante Kotoko SC is hereby dismissed as withdrawn.

In another development there will be a hearing on next week Tuesday on the Hearts of Oak protest against Asante Kotoko for fielding Obed Owusu whom they claim was unqualified for their match day 25 defeat to the Porcupine Warriors