RULING OF THE WESTERN REGIONAL FOOTBALL ASSOCIATION (WRFA) DISCIPLINARY COMMITTEE ON 20TH MAY, 2024 AT THE WRFA OFFICE, SEKONDI

CASE : 12

MATCH: PROMISE FC VRS MENZIZOR YOUTH FC

DATE: 8TH APRIL 2024

VENUE: CAM PARK, AIYINASE

 

MEMBERS PRESENT

CONSTANTINE K. M. KUDZEDZI, ESQ CHAIRMAN

PETER KOJO BAIDOO, ESQ VICE CHAIRMAN

BRIEF FACTS
The Committee investigated why the match was not played.

EVIDENCE

By a protest dated 10/04/24 Promise FC alleged that Menzizor Youth FC failed to report or honour the match.

Menzizor Youth 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”).

The Committee examined the Referee’s Report and also conducted its own independent investigations.

ANALYSIS OF EVIDENCE

It must be noted that per Article 33(12)(a) and (b) of the Regulations, the burden of proof is on the protesting club and so in this instance the burden is on Promise FC to prove the allegations made.

Again, Article 35(9) (a)-(d) mandates the Disciplinary Committee to consider the Statement and/or Evidence of the parties and deliver judgement immediately. Similarly, Article 35(9)(c) provides that the committee shall consider the merits of the case and deliver its decision in any given case even if a party fails, neglects or refuses to file a Statement of Defence within the stipulated time.

The Committee was informed by Promise FC from its statement of case that Menzizor Youth FC failed to turn up for the match.

On the other hand, Menzizor Youth FC indicated to the Committee in its defence that, the protest has no merit and ought to be dismissed because the team had an accident on their way to the venue. Two(2) of their players had severe injuries and brought fear and panic to the entire team.
Again, Menzizor Youth FC informed the Committee of their intention to write to the WRFA to inform it of the accident only for it to be served this with this protest which and added that it was unfortunate on the team’s part.

In his report, the referee for the match Adamu Abdul Rasheed stated that the away team, Menzizor Youth FC did not report for the match. The Referee indicated that at exactly 1:00pm the match officials and the home team Promise FC as well as the Police and Red Cross were ready for the match to commence. After waiting for Thirty (30) minutes, i.e., 1:30pm the away team Menzizor Youth FC had still not reported and so the match was abandoned.

It should be noted that the defence of Menzizor Youth FC amounts to a clear admission of the offence. The team admitted that it failed to honour the much but could not provide any tangible reason for the failure. It could not provide any proof that the team was engaged in an accident and that two of the players got injured. Interestingly, the names of the players that were even injured were not mentioned in the defence, neither were any medical reports or pictures or videos of the accident scene provided. The team again in their own defence stated that they did not notify the WRFA of the accident and their inability to honour the match. The defence of Menzizor Youth FC is therefore unsustainable and without any merit.

FINDINGS

1. Menzizor Youth FC did not turn up for the match coordinating meeting.
2. Menzizor Youth FC failed to turn up or honour the match without just cause.
3. Menzizor Youth FC failed to inform the WRFA of their accident.
4. Menzizor Youth FC failed to provide any evidence of the alleged accident.
5. Promise FC reported for the match.

DECISION

The Committee holds Menzizor Youth FC responsible for its failure to report for the match without just cause contrary to Article 33(1)(f) of the Regulations.

SANCTIONS

1. Per Article 33(1)(f) of the Regulations, Menzizor Youth FC shall forfeit the match.
2. In line with Article 33(3) of the Regulations, Menzizor Youth FC is declared loser of the match. Promise FC accordingly shall be awarded three (3) points and three (3) goals.
3. Further, in accordance with Article 33(5)(a) of the Regulations, Menzizor Youth FC shall lose three (3) points from the accumulated points.
4. Also, per Article 33(5) (b) of the Regulations, Menzizor Youth FC shall pay a fine of One Thousand Ghana Cedis (GH¢1000.00), 50% of which shall go to Promise FC.
5. Further, per Article 22(2) (c) of the Regulations, Menzizor Youth FC shall pay a fine of Five Hundred Ghana Cedis (GH¢500.00) for its failure to attend the match coordination meeting without reasonable excuse.
6. For the avoidance of doubt all fines shall be paid within Fourteen (14) days of receipt of this ruling as provided for by the Western Regional Football Association’s Administration Instructions governing the conduct of the Second Division League.

DATED AT WRFA OFFICES, SEKONDI THIS 20TH MAY, 2024.

CONSTANTINE K. M. KUDZEDZI, ESQ
(CHAIRMAN)