GFA throw out Ashgold protest against Kotoko

The GFA Disciplinary Committee has dismissed Ashantigold’s protest against Asante Kotoko SC after the petitioner’s decision to withdraw the case.

PANEL
1. Prosper Harrison Addo, Esq. – Chairman
2. Godfred Dame, Esq. – Vice-Chairman
3. W.O.1 J. W. Amoo – Member
4. Godsway Glah – Member
5. Emmanuel Newton Dasoberi – Secretary

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therefore, decides that the Protest brought by Ashantigold SC against Kumasi Asante Kotoko SC is hereby dismissed as withdrawn.

Credit: Ghana FA