RULING OF THE WESTERN REGIONAL FOOTBALL ASSOCIATION (WRFA) DISCIPLINARY COMMITTEE ON 10TH JUNE, 2024 AT THE WRFA OFFICE, SEKONDI
CASE 22:
MATCH: ANYI FC VRS NAAJO ROYALS FC
DATE: 21ST APRIL 2024
VENUE: ROMAN CATHOLIC SCHOOL PARK, ENCHI
MEMBERS PRESENT
CONSTANTINE K. M. KUDZEDZI, ESQ CHAIRMAN
PETER KOJO BAIDOO, ESQ VICE CHAIRMAN
BRIEF FACTS
Naajo Royals FC protested against Anyi FC for fielding unqualified players in their match.
EVIDENCE
By a protest dated 23rd April 2024, Naajo Royals FC alleged that Anyi FC fielded unqualified players in their match played on 21st April 2024.
Anyi FC filed a Statement of Defence upon being notified and served with a copy of the Written Grounds and Statement of Case as provided in Article 35(8)(a) of the Regional Football Association League Regulations, 2021(hereinafter called “the Regulations”).
In its defence, Anyi FC denied the allegations and stated that the protest was filed out of the prescribed Five O’clock (5:00 pm) time schedule contrary to Article 20(7)(b) of the WRFA 2023/2024 Administrative Instructions.
ANALYSIS
Having raised the issue of the Protest having been filed out of time, it is pertinent to deal with it first as a preliminary issue.
Article 35 of the Regional Football Association League Regulations, 2021(hereinafter called “the Regulations”) specifies the conditions to be met in the filing of protests. The relevant provisions applicable in this Petition are highlighted below:
“Article 35
All Protests in respect of inter-club matches shall be forwarded in writing directly to the Secretary or Administrative Manager of the RFA not later than two (2) days from the end of the match concerned.
For the purpose of reckoning of time in these Regulations, Saturdays, Sundays and Public holidays shall not be counted.
Such protests shall be accompanied by a protest fee of GH¢300.00 for Second Division, GH¢200.00 for Third Division and GH¢100.00 for lower Division.
It shall be the responsibility of the RFA to serve all disciplinary processes, Protests and Statements of Defence on the appropriate parties either manually or electronically through the official email of the parties and/or through fax on the same day the process is received by the RFA Secretariat.
Any protest not accompanied by the appropriate protest fee within the stipulated time shall not be entertained.
A protest on the Match Report Form shall be confirmed by a Protest Form sent directly to the GFA within the stipulated time, namely two (2) days from the end of the match. The Protest Form shall be accompanied by evidence of payment of the appropriate protest fee.”
Also, Article 20 of the Administrative Instructions/By-Laws for the 2023/2024 Western Regional Second Division League provides that
“ARTICLE 20
20.1 All Protests in respect of inter-club matches shall be forwarded in writing directly to
the Secretary or Administrative Manager of the RFA not later than two (2) day from the end of the match concerned.
20.2 For the purpose of reckoning of time in these Regulations, Saturdays, Sundays and Public holidays shall not be counted.
20.3 Such protests shall be accompanied by a protest fee of GH¢1500.00 as agreed upon by Congressmen at the Congress.
20.4 It shall be the responsibility of the RFA to serve all disciplinary processes, Protests and Statements of Defense on the appropriate parties either manually or electronically through the official email of the parties, social media handles and/or through fax on the same day the process is received by the RFA Secretariat.
20.5 Any protest not accompanied by the appropriate protest fee within the stipulated time shall not be entertained.
20.6 A protest on the Match Report Form shall be confirmed by a Protest Form sent directly to the RFA within the stipulated time, namely two (2) day from the end of the match. The Protest Form shall be accompanied by evidence of payment of the appropriate protest fee.”
Further, Article 80 of the Ghana Football Association Statutes, 2019 stipulates under Article 80, which is headed Deadlines as follows:
“For the purposes of computation of time in these Statutes or any regulations or rules of the GFA, days shall be counted as calendar days.
– Saturdays and Sundays shall not be counted
– Statutory Public holidays shall not be counted
– One day shall mean until 5pm of the next day
– Twenty-four (24) hours shall mean until 5pm of the next day.”
Naajo Royals FC filed the protest on 23rd April, 2024 at 5.25pm as per the date when the Protest Form was received by the RFA. Considering that the match was played on 21st April 2024, the protest should have been filed latest by 5pm on 23rd April 2024. Since 21st April 2024 was a Sunday, it will not be reckoned in the calculations as per Article 35(2) of the Regulations and Article 20 of Administrative Instructions/By-Laws for the 2023/2024 Western Regional Second Division League and the computation of time and deadlines provided in Article 80 of the Ghana Football Association Statutes, 2019 .
The evidence on record shows that Naajo Royals FC filed the protest out of time contrary to provisions in Article 35 (1), (2), (3), (5) and (6) of the Regulations and Article 20 of the Administrative Instructions/By-Laws for the 2023/2024 Western Regional Second Division League.
DECISION
In line with Article 35 (5) of the Regulations, Article 20.5 of Administrative Instructions/By-Laws for the 2023/2024 Western Regional Second Division League and Article 80 of the Ghana Football Association Statutes, 2019, the Protest of Naajo Royals FC was filed out of time and therefore shall not be entertained.
SANCTIONS
1. Per Article 35(14) of the Regional Football Association League Regulations, 2021 and Article 20.5 of Administrative Instructions/By-Laws for the 2023/2024 Western Regional Second Division League the protest of Naajo Royals FC is declared as frivolous as it was filed out of time and is dismissed accordingly.
2. Naajo Royals FC shall pay a fine of Five Hundred Ghana Cedis (GH¢500.00) payable within 14 days upon receipt of this ruling.
DATED AT WRFA OFFICES, SEKONDI THIS 10TH JUNE, 2024
CONSTANTINE K. M. KUDZEDZI, ESQ
(CHAIRMAN)