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2017 Football Governance Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Techiman City FC
Appellant Representative: Nick De Marco
Respondent Representative: Isaac Addo

Arbitrators

President: Luigi Fumagalli

Decision Information

Decision Date: April 23, 2018

Case Summary

The case revolves around a dispute between Techiman City FC and the Ghana Football Association (GFA) concerning the eligibility of player Martin Kyeremeh, who played for Techiman Eleven Wonders FC in a match against Techiman City FC. Techiman City FC protested that Eleven Wonders had fielded three ineligible players, including Kyeremeh, claiming he was still under contract with them. The GFA Disciplinary Committee initially ruled in favor of Techiman, declaring Kyeremeh unqualified and imposing sanctions on Eleven Wonders, including match forfeiture, fines, and point deductions. Eleven Wonders appealed to the GFA Appeals Committee, which overturned the Disciplinary Committee's decision, finding insufficient evidence to support Techiman's claim and allowing the match result to stand.

Techiman City FC then sought a review of the Appeals Committee's decision, arguing factual inaccuracies and misapplication of regulations. The Appeals Committee dismissed the review request, prompting Techiman to appeal to the Court of Arbitration for Sport (CAS). The CAS Sole Arbitrator addressed procedural and substantive issues, including the admissibility of the appeal and the de novo review process. The Arbitrator found Techiman's appeal partially admissible, as the GFA Appeals Committee had confirmed the Disciplinary Committee's decision on the merits. However, the CAS panel conducted an independent rehearing and upheld the original decision, concluding that Kyeremeh's registration with Eleven Wonders was invalid because he was still contractually bound to Techiman.

The ruling emphasized that while players cannot be forced to remain with a club, contractual breaches may lead to legal or disciplinary consequences. The CAS award dismissed Techiman's appeal in its entirety, affirming the GFA's decisions and rejecting all other claims. The case highlights the complexities of player registration and transfer disputes under GFA regulations, with conflicting interpretations of player status and contractual rights leading to differing rulings by the disciplinary and appeals bodies. The final decision favored Eleven Wonders, validating their registration of Kyeremeh and dismissing the penalties imposed by the Disciplinary Committee. The outcome underscores the importance of proper contract registration and adherence to procedural rules in sports arbitration.

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