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2018 Football Disciplinary Upheld English Appeal Procedure

Parties & Representatives

Appellant: Phar Rangers FC
Appellant Representative: Nilo Effori; Cintia Nicolau
Respondent Representative: Isaac Addo

Arbitrators

President: Pat Barriscale

Decision Information

Decision Date: August 5, 2019

Case Summary

The case revolves around a dispute between Phar Rangers Football Club and the Ghana Football Association (GFA) concerning the relegation of Phar Rangers to a lower division due to the GFA's failure to enforce its own regulations. The issue stemmed from a protest by Okyeman Planners FC against Okwahu United FC, which altered the league standings and resulted in Phar Rangers' relegation. Phar Rangers argued that the GFA violated Articles 39(8)(b) and (d) of its General Regulations by not declaring Okwahu United's matches forfeited for unpaid fines. The GFA Disciplinary Committee dismissed Phar Rangers' protest for lack of jurisdiction, a decision upheld by the GFA Appeals Committee. Phar Rangers then appealed to the Court of Arbitration for Sport (CAS), seeking reinstatement to the higher division.

The CAS Panel, composed of Mr. Pat Barriscale, Mr. Jacopo Tognon, and Mr. Bernhard Welten, examined the case under GFA Statutes and FIFA regulations. It found that the GFA breached its rules by not enforcing forfeitures for unpaid fines, leading to Phar Rangers' unjust relegation. The proceedings faced delays due to the Ghana government's dissolution of the GFA and the subsequent appointment of a normalization committee by FIFA. Despite the GFA's absence during the hearing and its unsuccessful request for an adjournment, the Panel proceeded, ensuring fair consideration of Phar Rangers' arguments.

Phar Rangers contended that Okwahu United's unpaid fines should have resulted in forfeited matches, including their match against Phar Rangers, which would have prevented relegation. They sought remedies such as annulling the GFA Appeals Committee's decision, retroactively applying Article 39(8)(d), correcting the 2017 league standings, and reinstating them to Division 1. The GFA argued the appeal was frivolous and that internal remedies were not exhausted, but the Panel rejected this, citing CAS's role as the final arbiter under GFA statutes.

The Panel ruled that Okwahu United should have forfeited matches after March 12, 2017, due to unpaid fines, and Phar Rangers deserved a 3-0 forfeit win for their match against Okwahu United. This adjustment would have kept Phar Rangers in Division 1. The Panel criticized the GFA for inconsistent application of its regulations, which contributed to administrative irregularities and unequal treatment of clubs. The CAS upheld Phar Rangers' appeal, set aside the GFA Appeals Committee's decision, and declared Phar Rangers the forfeit winner of the disputed match, ensuring their stay in Division 1. The decision underscored the importance of sports federations adhering to their rules and the role of CAS in resolving such disputes fairly.

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