.As EOCO initiates investigations into financial Deals

...to ensure FIFA’s basic principle governing the organization, administration and financing of Football statutes and regulations, democratic election of governing bodies, legality, competency, probity, mutual respect, responsibility, trust, communication, transparency, fair play, solidarity, protection of sportsmen and sportswomen’s health and the promotion of friendly relations.

By Emmanuel Opare Djan

The Economic and Organized Crime Office (EOCO) on Tuesday broke the exaggerated strength surrounding the Ghana Football Association’s (GFA) financial operations which scare away the good people of Ghana from demanding accountability.
Personnel from the Economic and Organized Crime Office (EOCO) with a court order visited the GFA Headquarters in Accra and collected documents and computers to help them carry out investigations into reports of alleged malfeasance at the secretariat.

EOCO’s decision to seek the court order follows FA’s stubborn refusal to make available documents and records of transactions particularly relating to the various sponsorship packages from corporate institutions after several correspondence.

On September 7th, EOCO wrote to various institutions including GFA to make available the necessary documentations and records to help unravel alleged corruption allegations against the Football Association (FA). The Presidency, the Ministry of Youth and Sports and other institutions responded favourable to their request but a member of the FA, George Afriyie, apparently out of ignorance, took the matter to court on 9th September to prevent EOCO from having access to the documents. He later withdrew after the registrar of the court had filed application of non compliance. The FA later in a delay tactics approach responded to EOCO’s request but indicated that the time frame was short.
The Economic and Organized Crime Office, established by the Economic and Organized Crime Act, 2010 Act 804, is mandated to investigate financial or economic loss to the Republic or any state entity or institution in which the state has financial interest. It is mandated to investigate issues concerning money laundering, human trafficking, tax fraud, prohibited cyber activity and other serious offences.

In the discharge of his duties, the Executive Director or an authorised officer of the office may by notice in writing require a person or representative of an entity to furnish the EOCO with the required information. Where a person required to furnish the office with a document is unable to do so, the Executive Director shall request the person to state where the document is or the reason for the inability to produce the document.

Failure to comply with the Executive Director’s request is an offence liable to summary conviction to a fine of not more than two hundred and fifty penalty units or a term of imprisonment of not more than three months or to both in the case of an individual and in the case of an entity, to a fine of not more than one thousand penalty units.

GFA operations have been shrouded in secrecy under the umbrella of FIFA’s fight to insulate associations from governmental controls. Ironically, government commits huge sums of financial support to sports at all levels yet decisions to demand accountability and probity are considered as interference in the operations of the FA.

Football administrations throughout the world have come under series of investigations to clear allegations of corruption, in order to ensure transparency and accountability in line with the principles governing football management. This is also to ensure fair and transparent financial management practices and even small businesses are required to operate in transparency to meet statutory laws.

In Europe, the Swiss government is investigating FIFA, the world football governing body, because of allegations of corrupt practices. Football enthusiasts are advocating FIFA’s commitment towards accountability, transparency and probity in their dealings.
Why should GFA be scared about EOCO investigations? Stay tuned



What to Know About FIFA

Standard Cooperation Agreement

Article 2

Basic principle

1. The basic principle governing the organization, administration and financing of football are as follows:

2. Football statutes and regulations, democratic election of governing bodies, legality, competency, dignity, probity, mutual respect, responsibility, trust, communication, transparency, fair play, solidarity, protection of sportsmen and sportswomen’s health and the promotion of friendly relations.
ADMINISTRATION OF NATIONAL TEAMS AND COMPETITIONS
Article 8
Financing
1. Within the framework of it brief to promote sport at national level, the government body responsible for sport may take part in financing the participation of national teams and clubs in international competitions, including their preparations. The financing may include the cost of hosting and accommodating visiting sporting delegations and match officials

2. The association shall previously submit a specific estimate of all related costs (cf. article 8.1). The cost estimate shall be subject to prior approval by the government body responsible for sport. The association shall then furnish said body with the relevant financial statement, certified by the association’s auditor and in accordance with the provisions of national law.
FINANCE
Article 33
Accounting
1. The association shall keep an account of any subsidies received in accordance with national law, FIFA (16) regulations and guidelines and those of the relevant confederation.
2. The association shall carefully preserve all related documents (17) so as to be able to present them to the competent authorities.

3. An annual meeting between the association an the government body responsible for sport, it possible in the presence of FIFA, shall be organized to exchange information on the financial management of the association.

FACTS ABOUT THE ECONOMIC AND ORGANISED CRIME ACT 804
The Economic and organized Crime office, established by the Economic and Organized Crime Act, 2010 Act 804 is mandated to investigate financial or economic loss to the republic or any state entity or institution in which the state has financial interest. It is mandated to investigate issues concerning money laundering, human trafficking, tax fraud, prohibited cyber activity and other serious offences.
OBJECTIVE OF THE OFFICE
The objectives of the office are to prevent and detect organised crime, and generally to facilitate the confiscation of the proceeds of crime.
FUNCTIONS OF THEE OFFICE
The functions of the office are to investigate and on the authority of the Attorney-General prosecute serious offences that involve financial or economic loss to the Republic or any state entity or institution in which the state has financial interest, money laundering, human trafficking, prohibited cyber activity, tax fraud, and other serious offences; recover the proceeds of crime; monitor activities connected with the offences specified in paragraph (a) to detect correlative crimes.
In the discharge of his duties, the Executive Director or an authorised officer of the office may by notice in writing require a person or representative of an entity to furnish the EOCO with the required information. Where a person required to furnish the office with a document and unable to produced the document, the executive Director shall request the person to state where the document is or the reason for the inability to produce the document.
Failure to comply with the executive director’s request is an offence liable to summary conviction to a fine of not more than and two hundred and fifty penalty units or a term of imprisonment of not more than three month or to both in the case of an individual and in the case of an entity, to a fine of not more than one thousand penalty unit.

OBSTRUCTION OF OFFICER OF THE OFFICE

A person obstructs an authorised officer from performing a function under this Act commits an offence and is liable on summary conviction.

(a) In the case of an individual, to a fine of not more than two hundred and fifty penalty units or to a term of imprisonment of not less than three months; or
(b) In case of an entity, to a fine of not more than one thousands penalty units.