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Sports News of Wednesday, 16 September 2015

Source: Ghana Soccernet

GFA DC grants Techiman City Stay of Execution

The Ghana Football Association Disciplinary Committee has granted Techiman City’s application for a Stay of Execution pending the Club’s appeal of the Ethics Committee’s decision delivered on Monday September 15.

PROCEEDINGS

In accordance with Article 41.5 of the GFA Statutes and Articles 37(10)(a) to 37(10)(d) of the GFA General Regulations, the Disciplinary Committee (the Committee) examined the Motion and Affidavit from Techiman City Football Club (the Applicant).

SUMMARY OF THE FACTS

On September 15, 2015, the Applicant applied to this Committee for grant of a Stay of Execution pending the outcome of its appeal filed at the Appeals Committee of the Ghana Football Association to overturn the Decision delivered by the GFA Ethics Committee on September 14, 2015.

The Application for the Stay of Execution was made by a Motion dated September 15, 2015 supported by an Affidavit deposed to by Techiman City FC’s Mr. Charles Kwadwo Ntim. The Applicant also attached the appeal the club filed at the Appeals Committee to the Motion and the Affidavit in Support.

FINDINGS AND GROUNDS OF THE DECISION

It is clear that the Applicant is appreciative of Article 37(17)(a) and hence the application to this Committee for the stay of execution as its appeal does not operate as a stay of execution of the Decision.

The Applicant has also satisfied the requirement of Article 37(17)(c) by the club’s payment of the requisite filing fee of GHc150.00.

It is trite law that the Applicant must show that if the Stay of Execution is not granted the club would suffer some irreparable damage should the club’s appeal be successful at the Appeal Committee.

The Applicant states in its Affidavit in Support as follows:

“That I believe that if the Disciplinary Committee does not stay the decision, should the Applicant succeed at the Appeals Committee Techiman City FC would have no opportunity of playing the remaining matches of the season once the matches are played without us. That money cannot be restored what we would lose should the appeal become successful. That I pray the Disciplinary Committee to grant this Application to stay the execution of the decision pending the outcome of the determination of the appeal”.

The Committee noted that the Decision of the Ethics Committee became operative yesterday. After considering the content of the Affidavit in Support of the Application, the Disciplinary Committee is of the view that there would be irreparable damage caused to the Applicant should the club be successful at the appeal.

This is because if the Decision of the Ethics Committee is not stayed, the Applicant would be prevented from playing the rest of the pairings of the Zone 1 of the GN Bank Division One league and should the club win at the appeal, the GFA would be in a position to organise the matches at that late hour for Techiman City FC alone. That will be unfair on the other clubs the club may play during the off season,

For the above reasons, the Committee shall grant of the application of the stay of execution until the final determination of the appeal.

DECISION

The Committee therefore, makes the following decisions:

1. That for demonstrating that an irreparable damage would be caused to the Applicant club should the application not be granted, Techiman City FC’s Application for Stay of Execution is hereby granted and the Division One League Board shall ensure that the decisions contained in the Ruling of the Ethics Committee delivered of September 14, 2015 shall be not be executed.

2. That Techiman City FC shall be allowed by the Ghana Football Association and the Division One League Board to play the rest of the league matches same as all the other clubs in Zone 1 until the determination of the appeal filed on September 15, 2015.

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