.... and Says It Has No Power Over GOC

Let me use religion as an analogy to start this article.

In 2009, Mr. Baba told Ghanaians and the world that the International Olympic Committee (IOC) was the ultimate deity of the Olympic religion and all things relating to the Ghana Olympic Committee (GOC). We [GOC and Ghana] had to obey IOC’s tenets and pronouncements to avoid its wrath. We chose not to listen for a while and indeed IOC sent us to purgatory.

Ironically in 2011, Mr. Baba has changed his tune and now says IOC is not the ultimate deity of the Olympic religion. Instead, he wants us to believe the IOC is the Chief Priest of the Olympic religion. Therefore we [GOC and Ghana] can pick and choose which of the Chief Priest’s pronouncements to obey without consequence. As Chief Priest, IOC can only advice says Mr. Baba.

Coming back to reality, Mr. Baba is saying that, his Executive Board is free to selectively chose which IOC directives [he calls them suggestions] to follow. After the disputed 2009 GOC Congress, B.T. Baba said “It is my prerogative to come out and defend the IOC and the Olympic Charter as best as my conscience say." His comment suggested to Ghanaians the disputed Congress was against the will of the IOC and the spirit of its Charter [Constitution].

Mr. Baba filed a report to the IOC and sort directives to manage and correct the damage done to IOC’s outfit [GOC] in Ghana. In response, IOC laid out a Road Map for Ghana and considered it the minimum requirement to bring GOC back in line with IOC regulations. IOC was the Judge [ultimate authority], Prosecutor [against Ghana], Defense Lawyer [for GOC] and Jury [render verdict]. IOC’s interpretation of its Charter and subsequent instructions to Ghana had to be acted on. Despite many starts and stops including an eight-month suspension, Ghana managed to meet all the prerequisite requirements of the IOC Road Map. The milestones were necessary for a re-do the GOC Congress. On August 26th, 2011, IOC lifted the suspension on Ghana and stated in positive terms that Ghana was ready. However, Mr. B.T. Baba seems to be saying to IOC “not so fast.” The embattled outgoing [will not say if he will run again] GOC President says IOC cannot dictate to GOC and by extension Ghana. He says IOC cannot tell GOC how to conduct its affairs. IOC can only advise. Before I state his exact quote on the issue, let me provide the necessary context. At the recent [October 14] GOC press conference, I drew Mr. Baba’s attention to an email from IOC that instructed him not to put any restrictive clauses in the GOC Congress guidelines. IOC was responding to concern from GOC members about purported restrictions on who could run for GOC Executive Board positions. From what we now know, GOC members had cause to worry. On October 5th 2011, Mr. Jerome Poivey sent an email to Mr. Baba. He is the Head of IOC’s Institutional Relations and Governance section. His outfit is part of the IOC’s Department of National Olympic Committee (NOC) Relations. Interestingly, Mr. Poivey is the official who led IOC’s fact-finding team to Ghana in November 2009 and was instrumental in crafting the 2009 IOC Road Map. In the email, Mr. Poivey states; “No so called “vetting committee” must be established. There is indeed no reason to “pre-select” the candidates before the Elective General Assembly. All candidatures received for each position on the Executive Board must be simply and transparently notified to the members of the General Assembly and the members of the General Assembly will democratically elect the persons of their choice.” In response [press conference], Mr. Baba said that “nowhere in the IOC Charter does it say that IOC after approving an NOC’s constitution can impose its will”. He then referred to an interview I had with the IOC president, Mr Rogge, late August 2011. The IOC President said the date for GOC Congress will be set in consultation with GOC. According to Mr. Baba, the IOC President’s remark means “they [IOC] have no power”. IOC cannot dictate to an NOC after ratification of the NOC’s constitution; Mr. Baba goes on to say. Mr Baba lambasted his critics claiming they were not correctly interpreting the GOC constitution and lacked the understanding necessary to deal effectively with the IOC.

He justified his defiance of the IOC directives by claiming Article 14 of the GOC constitution [first sentence] gives his Executive Board the necessary power. He claims Article 14 gives his executive board power to create new rules [in this case Congress guidelines] whenever the board feels necessary.

Unfortunately Mr. Baba seems to be the one misinterpreting the GOC Constitution. The first sentence of Article 14 of the GOC constitution states “The Executive Board may meet to formulate regulations as it deems fit to govern its business”. It does not take a law degree to realize that the “regulations” being referred to in Article 14 has to do with the functioning of the executive broad; not the entire GOC or GOC congress. What would be the purpose of the GOC constitution then? Is Mr. Baba saying the GOC executive board can also change the GOC Constitution at any time per Article 14? Surely, if Article 14 gives the board power to make new GOC rules whenever it wants then does it not also empower the board to rewrite the constitution whenever he and his executive board wants? Local legal experts say the Article 14 argument put forth by Mr. Baba is fatally flawed.

Indeed, IOC has alerted Mr. Baba to the fact that his Executive Board has limited power. The real power, according to IOC, lies with GOC members (collectively) i.e., congress. In an October 12th, 2011 follow-up email, IOC again demands Mr. Baba remove the offending items on the GOC Congress guidelines as time is of the essence.

In the email, IOC demands; “As previously mentioned, no so-called “vetting sub-committee” must be established (whose members would be nominated by whom? which would make decisions upon which criteria? which would have which legitimacy to potentially eliminate or pre-select candidates ahead of the General Assembly? Etc.)”.

Mr. Baba’s response; IOC does not have the power to tell me what to do. They can only advise.

To back up his defiant stance, Mr. Baba says he told an IOC official in very clear terms to stay out of the business of GOC on this matter. Mr. Baba said “I told him [Mr. Pere Miro, IOC head of NOC Relations] that the decision has been taken by the GOC Executive Board and it is final and irrevocable”.

He says Mr. Miro has 2 options; 1) he can take the matter up with IOC’s Executive Board or, 2) meet him [GOC executive board] in court. By court, he was referring to the Court of Arbitration for Sport (CAS).

If what you have read so far sounds like fiction, I assure you, it is not. The GOC saga has more to offer. I only touched on two of the 13 issues the IOC has demanded Mr. Baba address in the GOC Congress Guidelines.

I leave readers with another quote from IOC to Mr. Baba; “As a general remark, it must be clear that the NOC General Assembly is the highest internal body of the NOC. In view of this basic principle, the task of the outgoing Executive Board is only to technically organise and facilitate a simple, fair, neutral and transparent election process, without being “judge and party” and without imposing restrictive conditions which might limit the exclusive jurisdiction of the General Assembly to freely and democratically elect the candidates they wish to elect in accordance with the Olympic Charter and the NOC statutes.” Surely, Mr. Baba cannot claim to be protecting the Olympic Charter [he is not obeying IOC directives]. He cannot also claim to be protecting the GOC since the vast majority of GOC members [National Federations] were the ones who complained to the IOC about the Congress Guidelines. He also cannot claim to be fighting for the interests of Ghana. Therefore, whose interest is Mr. B.T. Baba fighting for and at what cost to Ghana?

GOC saga – Round Two -- is squarely between Mr. B.T. Baba and the IOC. Ghanaians are waiting anxiously so we can move on with our business.

With IOC in Mr. Baba’s corner, we [Ghana] lost the first round in humiliating style. We will find out soon enough which heavy weight fighter knocked out Ghana in the first round. Was it B.T. Baba or was it IOC? History points to the IOC; ask Hon. Rashid Pelpuo and Hon. Akua Sena Dansua.