Kotoko strip K.K Sarpong naked in court defence

Read Comments Comments (23)

• Baffour 8 years ago

  Eii. E no be easy ooh. This is an eye opener for some of us. Accountability means being meticulous and I get the message very clearly.

  Eii. E no be easy ooh. This is an eye opener for some of us. Accountability means being meticulous and I get the message very clearly.

  reply
• Neutral Zone 8 years ago

  Eii is right sir. Ghanaians must follow this case closely n they will learn a lot to know that it's what u can prove is what matters in a court of law. Forget the noise.

  Eii is right sir. Ghanaians must follow this case closely n they will learn a lot to know that it's what u can prove is what matters in a court of law. Forget the noise.

  reply
• Asem se be 8 years ago

  Business man indeed, giving Kotoko a loan is nit so smart a business idea.

  Business man indeed, giving Kotoko a loan is nit so smart a business idea.

  reply
• Non-Partisan Ghanaian 8 years ago

  Kk de nensa aw) bonsam ani. U can neva eat ur cake and have it. Faaaabulous, we are on course. Those who advised Dr shd nw go back on their decisions. The battle continues unabated!! Hahaha

  Kk de nensa aw) bonsam ani. U can neva eat ur cake and have it. Faaaabulous, we are on course. Those who advised Dr shd nw go back on their decisions. The battle continues unabated!! Hahaha

  reply
• Don 8 years ago

  So after all K K SARPONG is not a Chartterd Accountant as he claims. Oh K K arrogance ! Well he must proof. Asem be ba dabi,

  So after all K K SARPONG is not a Chartterd Accountant as he claims. Oh K K arrogance ! Well he must proof. Asem be ba dabi,

  reply
• Doe 8 years ago

  No area of our national life has been spared the canker of corruption. And this may even be just the tip of the iceberg in our football clubs.

  No area of our national life has been spared the canker of corruption. And this may even be just the tip of the iceberg in our football clubs.

  reply
• Kanawu 8 years ago

  Good Luck. Learn a lesson from Kumawu episode

  Good Luck. Learn a lesson from Kumawu episode

  reply
• OBEN 8 years ago

  Advice for all those who have been put in charge of positions. Accountability is all about records of your income and how you spend it.-

  Advice for all those who have been put in charge of positions. Accountability is all about records of your income and how you spend it.-

  reply
• Kweku trouble 8 years ago

  This is the statement of the defendants. The merits of the case have not been gone into. So why say the man has been stripped naked? What kind of journalism is that? Learn.

  This is the statement of the defendants. The merits of the case have not been gone into. So why say the man has been stripped naked? What kind of journalism is that? Learn.

  reply
• Smart Alec 8 years ago

  Cheap journalism at its height. In legal proceedings a defendant is allowed to make up any counterclaim they want. It doesn't mean it is true. Here's a question... why would i take someone to court knowing i have committed an ...
  read full comment

  Cheap journalism at its height. In legal proceedings a defendant is allowed to make up any counterclaim they want. It doesn't mean it is true. Here's a question... why would i take someone to court knowing i have committed any impropriety? Lol, i won't.
  
  Let's dissect the defendant's counterclaim one by one.
  
  1. Response and counterclaim to paragraph 3: I wonder how the defendant can claim an undocumented Payment-In-Kind agreement as a response. The profile of the role (which i may add is not as colossal as the defendant believes), influence, opportunities are not compensation and should not be posited as being so. Further, in awarding allowances and benefits the defendant has accepted that some form of compensation was due the plaintiff for work done as an executive of the club. In law it is what you can prove, therefore since exposure, allowances and benefits are intangible the burden of proof lies on the defendant to compute its monetary value and prove said monetary value has been received by plaintiff and not mere conjecture.
  
  With respect to going concern, a simple solvency test can be computed at the time of the plaintiff's appointment to his role. The following may be considered:
  a. Total Liabilities minus Total Assets
  b. Current Liabilities-Current Assets
  c. Receivables+Inventory-Payables
  
  2. Response to paragraph 4: Well its current board versus old board so i believe old style Enron document shredding will take place. But wait! Are companies not supposed to audit and file financials with various authorities? I believe GRA, Companies Registrar General and GFA has such a requirement. Does it mean defendant would say they have misled GFA? The questions are, was an audit conducted during the tenure of the plaintiff? Has an audit been conducted since plaintiff's departure? Audit's are performed by independent 3rd parties who can also be sued if they lie. A court of competent jurisdiction will have no problem getting to the bottom of the issue.
  
  3. The defendant seems to have been content with the work that was done by the previous board up until plaintiff requested payment of monies owed him. If the defendant can actually claim all work and approvals and meetings held by the previous board were null and void then it can be reasoned that had the plaintiff not requested monies owed to him the defendant would have therefore sought to defraud/fraudulently misrepresent its state of affairs to the GFA, GRA, Registrar General and its shareholders. This is an even worse issue i believe the plaintiff should consider as part of its response to the counterclaim and further counterclaim in public interest. A court of reasonable and competent jurisdiction would summarily understand this issue and implications.
  
  4. In law, again it is what you can prove. Did any of the funds withdrawn or payments made contravene the established control procedures of the defendant? Simply put:
  a. was an invoice for a service/good presented?
  b. was a request for payment made by the responsible department?
  c. was a payment voucher raised?
  d. were the appropriate executive/management approvals provided?
  e. who are the signatories of the defendant's bank accounts?
  f. is the plaintiff directly involved in withdrawal of funds?
  g. was the plaintiff at any point a sole signatory to the defendant's accounts?
  
  To be honest, for the legal defence of the defendant to be one of "oh see what we think/believe the plaintiff has done" without stating what the established procedure in terms of payment processing is just bad lawyering on the defendant's part.
  
  5. As a corporate entity with an established corporate governance process, the plaintiff/board need not seek shareholder's approval for purely operational issues which they have/had been appointed to carry out. Shareholders are consulted on strategic issues such as Corporate/Legal structure, Mergers & Acquisitions of a corporate strategic nature not operational issues there is no issue relating to ultra vires which is what the defendant is alluding to. Please, defence lawyers advise you client appropriately on this issue. It is not a one man business once a board is set up.
  
  6. Defendant, if you claim players were bought without board approval, why did you try to use them. It is your decision to return the player that caused the expense not the decision to recruit the player.
  
  7. Please, no local kumasi auditors. Hire KPMG, Deloitte, Ernst & Young or PWC. That way you can't bribe them to shred/exclude any documents.
  
  8. If you want records of player transfers ask the purchasing clubs/teams for documents if indeed you believe a foul transaction has been executed.
  
  9. I think readers should ignore the flagrant use adjectives and superlatives in the defendant's response it only clouds and muddies the issue at hand.
  a. Was there an agreement to lend money to the club?
  b. What is the established process of borrowing by the club?
  c. Was the process followed?
  d. What was the intended use of funds?
  e. Was it used for the purpose?
  f. Did the club benefit from the use of the funds at the time contracted?
  
  Readers, this is not about taking sides. I looked at the statement of claim, the response and the counter claim. The response raises more questions about the defendant than it seeks to solve.
  
  Please be your own judge on the issues i have raised. Many of these need to be addressed by both parties.
  
  The news header in The Chronicle is a misleading one and meant to sell copies of the newspaper.

  reply
• ALIMI YAO 8 years ago

  1. The smell of corruption, even in football management , in Ghana.
  2. Undocumented financial transactions in a corporate entity.
  3. Lack of oversight and non-application of due process in management.
  4. A corporate enti ...
  read full comment

  1. The smell of corruption, even in football management , in Ghana.
  2. Undocumented financial transactions in a corporate entity.
  3. Lack of oversight and non-application of due process in management.
  4. A corporate entity administered as a personal property devoid of accountability.
  5. 'What's in it for me' syndrome.
  
  The list can go on and on, all symptomatic of how our dear country has be run since Adam (remember that reference?)

  reply
• Nana k 8 years ago

  This talk about payments without documentation(receipts) in football is no news.
  Is it not common knowledge that teams pay spritualist to win matches? What about 'seeing' referees?
  The last time Razak won the league, did w ...
  read full comment

  This talk about payments without documentation(receipts) in football is no news.
  Is it not common knowledge that teams pay spritualist to win matches? What about 'seeing' referees?
  The last time Razak won the league, did we not hear the big men at that time say that they knew of other means through which they won and that it was not the effort of Razak alone?
  It is true 'Protocol' payments breed chop chop on the part of administrators but to bring it up to defame the man, we are watching.

  reply
• XYZ 8 years ago

  Why is it that there is corruption at every life in the system. What at all is wrong with the party NDC and it's leader the prrsident Mahama. Ghana abr3.

  Why is it that there is corruption at every life in the system. What at all is wrong with the party NDC and it's leader the prrsident Mahama. Ghana abr3.

  reply
• Douglas. Bristol-UK` 8 years ago

  they have to pay KK Sarpong all monies owed him.foolish Ashantes

  they have to pay KK Sarpong all monies owed him.foolish Ashantes

  reply
• Amofa Manu Dan 8 years ago

  Thank u.If Asantes are fools,then what about the person u are fighting for?jealousy at the highest level.WISE UP

  Thank u.If Asantes are fools,then what about the person u are fighting for?jealousy at the highest level.WISE UP

  reply
• ugly akufo addo 8 years ago

  he has no sense

  he has no sense

  reply
• kk 8 years ago

  Oh douglas l am always sorry for your mother wasting time on you. l pity you paa you dont have even one common sense am realy sorry for you

  Oh douglas l am always sorry for your mother wasting time on you. l pity you paa you dont have even one common sense am realy sorry for you

  reply
• Philip Mensah Quainoo 8 years ago

  Hebert Mensah told DR kk to drop the case but he refused.see what is happening now.Revelations upon Revelations.Only time will tell

  Hebert Mensah told DR kk to drop the case but he refused.see what is happening now.Revelations upon Revelations.Only time will tell

  reply
• Yesman 8 years ago

  Porno team

  Porno team

  reply
• HMMN 8 years ago

  Ehhhhh so K.K. Sarpong had this much dinosaur skeletons, bones, and what have you in his cupboard and he was making all these noise. Wonders will never end.
  The way I see things, K.K. is going to be rotated aahhhhhhhh, till ...
  read full comment

  Ehhhhh so K.K. Sarpong had this much dinosaur skeletons, bones, and what have you in his cupboard and he was making all these noise. Wonders will never end.
  The way I see things, K.K. is going to be rotated aahhhhhhhh, till the confusion in his head, evaporates.
  Meanwhile, the first uppercut has been delivered by the statement; “The defendant says that the plaintiff’s action/suit is thus unconscionable, totally misconceived, simply frivolous, vexatious, bereft of any legal merit, and same ought to be thrown into the dustbin of legal inconsequentials.”
  In local parlance it means K.K. Sarpong is uttering nkwasias3m...aaawwwoooo.

  reply
• Smart Alec 8 years ago

  Cheap journalism at its height. In legal proceedings a defendant is allowed to make up any counterclaim they want. It doesn't mean it is true. Here's a question... why would i take someone to court knowing i have committed an ...
  read full comment

  Cheap journalism at its height. In legal proceedings a defendant is allowed to make up any counterclaim they want. It doesn't mean it is true. Here's a question... why would i take someone to court knowing i have committed any impropriety? Lol, i won't.
  
  Let's dissect the defendant's counterclaim one by one.
  
  1. Response and counterclaim to paragraph 3: I wonder how the defendant can claim an undocumented Payment-In-Kind agreement as a response. The profile of the role (which i may add is not as colossal as the defendant believes), influence, opportunities are not compensation and should not be posited as being so. Further, in awarding allowances and benefits the defendant has accepted that some form of compensation was due the plaintiff for work done as an executive of the club. In law it is what you can prove, therefore since exposure, allowances and benefits are intangible the burden of proof lies on the defendant to compute its monetary value and prove said monetary value has been received by plaintiff and not mere conjecture.
  
  With respect to going concern, a simple solvency test can be computed at the time of the plaintiff's appointment to his role. The following may be considered:
  a. Total Liabilities minus Total Assets
  b. Current Liabilities-Current Assets
  c. Receivables+Inventory-Payables
  
  2. Response to paragraph 4: Well its current board versus old board so i believe old style Enron document shredding will take place. But wait! Are companies not supposed to audit and file financials with various authorities? I believe GRA, Companies Registrar General and GFA has such a requirement. Does it mean defendant would say they have misled GFA? The questions are, was an audit conducted during the tenure of the plaintiff? Has an audit been conducted since plaintiff's departure? Audit's are performed by independent 3rd parties who can also be sued if they lie. A court of competent jurisdiction will have no problem getting to the bottom of the issue.
  
  3. The defendant seems to have been content with the work that was done by the previous board up until plaintiff requested payment of monies owed him. If the defendant can actually claim all work and approvals and meetings held by the previous board were null and void then it can be reasoned that had the plaintiff not requested monies owed to him the defendant would have therefore sought to defraud/fraudulently misrepresent its state of affairs to the GFA, GRA, Registrar General and its shareholders. This is an even worse issue i believe the plaintiff should consider as part of its response to the counterclaim and further counterclaim in public interest. A court of reasonable and competent jurisdiction would summarily understand this issue and implications.
  
  4. In law, again it is what you can prove. Did any of the funds withdrawn or payments made contravene the established control procedures of the defendant? Simply put:
  a. was an invoice for a service/good presented?
  b. was a request for payment made by the responsible department?
  c. was a payment voucher raised?
  d. were the appropriate executive/management approvals provided?
  e. who are the signatories of the defendant's bank accounts?
  f. is the plaintiff directly involved in withdrawal of funds?
  g. was the plaintiff at any point a sole signatory to the defendant's accounts?
  
  To be honest, for the legal defence of the defendant to be one of "oh see what we think/believe the plaintiff has done" without stating what the established procedure in terms of payment processing is just bad lawyering on the defendant's part.
  
  5. As a corporate entity with an established corporate governance process, the plaintiff/board need not seek shareholder's approval for purely operational issues which they have/had been appointed to carry out. Shareholders are consulted on strategic issues such as Corporate/Legal structure, Mergers & Acquisitions of a corporate strategic nature not operational issues there is no issue relating to ultra vires which is what the defendant is alluding to. Please, defence lawyers advise you client appropriately on this issue. It is not a one man business once a board is set up.
  
  6. Defendant, if you claim players were bought without board approval, why did you try to use them. It is your decision to return the player that caused the expense not the decision to recruit the player.
  
  7. Please, no local kumasi auditors. Hire KPMG, Deloitte, Ernst & Young or PWC. That way you can't bribe them to shred/exclude any documents.
  
  8. If you want records of player transfers ask the purchasing clubs/teams for documents if indeed you believe a foul transaction has been executed.
  
  9. I think readers should ignore the flagrant use adjectives and superlatives in the defendant's response it only clouds and muddies the issue at hand.
  a. Was there an agreement to lend money to the club?
  b. What is the established process of borrowing by the club?
  c. Was the process followed?
  d. What was the intended use of funds?
  e. Was it used for the purpose?
  f. Did the club benefit from the use of the funds at the time contracted?
  
  Readers, this is not about taking sides. I looked at the statement of claim, the response and the counter claim. The response raises more questions about the defendant than it seeks to solve.
  
  Please be your own judge on the issues i have raised. Many of these need to be addressed by both parties.

  reply
• Neutral Zone 8 years ago

  N urs. We know there are 2 sides to a coin n u represent neither coz u can't argue on assumptions. Let the case run its course to expose the level of corruption in the country. Everyone wants to b paid without service.

  N urs. We know there are 2 sides to a coin n u represent neither coz u can't argue on assumptions. Let the case run its course to expose the level of corruption in the country. Everyone wants to b paid without service.

  reply
• Smart Alec 8 years ago

  You haven't made a point or a contribution. You have just satisfied your need to comment, which is what i also achieved but with a better approach. If you feel your time is being wasted don't read the comment and surely don't ...
  read full comment

  You haven't made a point or a contribution. You have just satisfied your need to comment, which is what i also achieved but with a better approach. If you feel your time is being wasted don't read the comment and surely don't respond.
  
  Either make a real contribution or stop trolling people's comments.
  
  I'm not here to exchange a flurry of words which is what you wish to achieve with your comment which i don't think is useless by the way. I want to read analytical thoughts and responses on the facts as presented not the the typical "shut up" or "don't waste our time". You are obviously entitled to your opinion, but let it be an intellectual opinion.
  
  The reason Ghanaweb has a forum is to encourage open and intellectual debate not "shut up" or "don't waste our time" comments. You make a point by presenting facts to back you statement. If you can't do so, then you refrain from muddying the forum with non value adding comments.
  
  I hope your next response will be thorough in its analysis of either the defendant's or plaintiff's submission.
  
  Thank you.

  reply