IN THE DISCIPLINARY COMMITTEE GHANA FOOTBALL ASSOCIATION

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1 IN THE DISCIPLINARY COMMITTEE GHANA FOOTBALL ASSOCIATION CORAM 1. Prosper Harrison Addo, Esq. - Chairman 2. Eva Okyere, Esq. - Vice Chairperson 3. Osei Kwadwo Addo, Esq. - Member 4. W.O.1 J. W. Amoo - Member 5. Alex Kotey - Member Emmanuel Newton Dasoberi - Secretary Misconduct Case: No. M IN ATTENDANCE ASP Raphael Tottimeh (Rtd) - GFA Prosecutor Albert Commey Aryettey - CEO of Aduana Stars FC Isaac Koomson - Accra Rep of Aduana Stars FC Elvis Osei Poku - Mgmt. Member of Aduana Stars FC GHANA FOOTBALL ASSOCIATION vrs ADUANA STARS FC - IN THE MATTER OF A MISCONDUCT CHARGE AGAINST ADUANA STARS IN RESPECT OF THE GPL MATCH BETWEEN ADUANA STARS FC AND ASANTE KOTOKO SC PLAYED IN DORMAA AHENKRO THE CHARGE Aduana Stars FC was charged with four counts as per the Charge Sheet as follows: CHARGE ONE Aduana Stars is hereby charged for a breach of Article 35(1c) of the GFA General Regulations and Article 82 of the GFA Disciplinary Code in respect of this match. Particulars of the Offence Aduana Stars: You before the match between Aduana Stars and Kumasi Asante Kotoko played in Dormaa Ahenkro on 12th June 2017, your supporters prevented the live coverage by StarTimes Crew of the said match. The StarTimes Products Activation and Sales Team were also prevented from setting up to sell StarTimes boxes in the stadium in violation of the GFA Regulations. CHARGE TWO Aduana Stars is hereby charged for a breach of Article 35(3b) and 35(4) of the GFA General Regulations and Article 66(1&3) of the GFA Disciplinary Code in respect of this match. 1

2 Particulars of the Offence Aduana Stars: During the match between Aduana Stars and Kumasi Asante Kotoko played in Dormaa Ahenkro on 12th June 2017, your supporters threw missiles at the Kumasi Asante Kotoko s bench in violation of the GFA Regulations. CHARGE THREE Aduana Stars is hereby charged for a breach of Article 35(4), 35(7a&d) and 35(9) of the GFA General Regulations and Article 66(1&3) of the GFA Disciplinary Code in respect of this match. Particulars of the Offence Aduana Stars: You during the match between Aduana Stars and Kumasi Asante Kotoko played in Dormaa Ahenkro on 12th June 2017, when player No. 18 of Kumasi Asante Kotoko left the field for dissent your supporters attacked him in violation of the GFA Regulations. CHARGE FOUR Aduana Stars is hereby charged for a breach of Article 35(3b), 35(4) and 35(9) of the GFA General Regulations and Article 66(1&3) of the GFA Disciplinary Code in respect of this match. Particulars of the Offence Aduana Stars: During the match between Aduana Stars and Kumasi Asante Kotoko played in Dormaa Ahenkro on 12th June 2017, your supporters threw missiles at Assistant Referee J. B Dawood Ouedrago on his way to the field in violation of the GFA Regulations. DEFENCE In the club s Statement of Defence, Aduana Stars FC opted for personal hearing to defend itself against the charges before the Disciplinary Committee. Aduana Stars FC attended the meeting of the Committee. PROCEEDINGS AND FINDINGS The Committee examined the depositions in the Charge Sheet, the evidence of the GFA Prosecutor and the oral submissions made by the club in its defence. Aduana Stars FC in the club s defence to the four charges pleaded as follows: Charge 1 Guilty Charge 2 Guilty Charge 3 Not Guilty Charge 4 Not Guilty Charge 1 The club explained that even though there may be some reasons for the conduct of the club s supporters, the club had pleaded guilty because the club believes that no matter the reasons the match should have been allowed to be telecasted live as scheduled by the GFA. The club pleaded to the Committee to temper justice with mercy. 2

3 Aduana Stars FC added further that the supporters of the club felt aggrieved because in this season alone the club s away matches against WAFA SC and Berekum Chelsea FC were not telecasted live as was earlier promised. According to Aduana Stars FC on both occasions officiating was not the best which prompted the club to write to the Match Review Committee about the performance of the match officials and the absence of StarTimes. Aduana Stars FC also alleged that the club was informed at the Premier League Board meeting that Accra Great Olympics FC vrs Tema Youth FC was the scheduled live match on that Saturday but was changed only because Accra Great Olympics FC refused the broadcast. Aduana Stars FC further stated that the Club s supporters claimed to have gotten a wind of a rumour that Asante Kotoko SC had promised to fuel the vehicle of StarTimes which contributed to tempers going high. Charge 2 On this charge, Aduana Stars FC stated that truthfully a supporter threw one sachet of water at the bench of Asante Kotoko SC. The Club added that management immediately rushed to that session of the supporters and warned the supporters to be on a look out to prevent such behaviour. The club added further that the conduct shall not be repeated. Charge 3 Aduana Stars FC stated that player No. 18 of Asante Kotoko SC was a local boy so when he was red carded, the supporters met the decision with the usual clap which was not taken lightly by the player who gestured to the fans. According to Aduana Stars FC, this infuriated the supporters and also gestured back to the player but from behind the inner perimeter. Aduana Stars FC was emphatic that no supporter attacked the player because the player was in the inner perimeter. Charge 4 Aduana Stars FC stated that the supporters of the club did not throw missiles at Assistant Referee J. B Dawood Ouedrago on his way to the field. The club explained that if this has been the case, the Match Referee or the Match Commissioner would have alerted club officials before the start of the match. The Committee took note of the explanations from the club and agreed with the club s plea on Charges 3 and 4. The regulation presumes that facts contained in the match report are accurate. However, on this occasion, the Club was able to discharge that presumption. On Charge 2, the Committee found Aduana Stars FC guilty on the club s own plea and shall apply the necessary sanctions but took judicial notice of the truthfulness of the club on the issue. On Charge 1, the Disciplinary Committee is satisfied with the evidence before it that the conduct of Aduana Stars FC as set out in the Particulars of Offence, amounts to a gross breach of the GFA Statutes and shall accordingly apply the necessary sanctions against the club. A Premier League member of the GFA, such as Aduana Stars FC, has a responsibility under the GFA 3

4 Statutes to police the Marketing Rights and Access Rights of the Association. This obligation makes the actions of Aduana Stars FC even more disturbing. The Committee particularly, takes a stern view of the conduct of Aduana Stars FC, as a club in the Premier League, is expected to aspire to higher ethics in its dealings and to protect the integrity of the Premier League in a manner which will be exemplary to all and sundry. In determining this matter, the Committee shall apply the very regulations that the clubs themselves passed at the GFA Congress. The regulations concerning this matter are very clear and unambiguous. Article 82(1) of the GFA Statutes (as amended) states as follows: The ownership, organisation, control and management of all the competitions of the GFA and any rights associated with them of any nature shall be vested entirely and exclusively in Ghana Football Association (the GFA ). Article 82(2) of the GFA Statutes (as amended) states as follows: In relation to each match in any GFA organised competition, the GFA shall itself be exclusively entitled to, or otherwise to authorise or grant to others, rights of access to and attendance at the ground of the Home Club ( Access Rights ) for the purposes of transmitting or filming or otherwise recording on or by any media, any audio and/or visual materials depicting or describing all or any part or parts of a match (the Copyright Materials ). Article 82(3) of the GFA Statutes (as amended) states as follows: In relation to each match, the GFA shall itself be exclusively entitled throughout the world, or to grant to or otherwise authorise others: on a live, delayed, recorded or highlighted basis to broadcast or otherwise transmit by any method whatsoever (now known or hereinafter devised) the Copyright Materials by way of any and all forms of television or similar technology (now known or hereinafter devised) including, without limitation, free to air television, pay television, pay per view, not-video-on-demand internet or other on-line media and video-on- demand (the Television Rights ) on a live or delayed basis to broadcast or to otherwise transmit the Copyright Materials (or audio) by way of radio broadcast or internet, or other on-line media or similar technology (now known or hereinafter devised) (the Radio Rights ) to use, sell, publish, distribute and otherwise exploit the Copyright Materials in any manner whatsoever including, without limitation, clip licensing, videos, CD Rom, CDI, internet or other on-line media (the Footage Rights ) In relation to each match, the GFA shall be exclusively entitled, either by itself or to authorise others, to use sell or otherwise exploit all commercial and other marketing rights associated with its competitions including, without limitation, fixture list copyright, 4

5 sponsorship, supplier rights, licences, perimeter board branding or other commercial arrangements (the Marketing Rights ). Article 82(4) of the GFA Statutes (as amended) states as follows: Clubs shall comply with the terms of all contracts entered into by the GFA from time to time in relation to Access Rights, the Television Rights, the Radio Rights, the Footage Rights and the Marketing Rights (collectively the Commercial Contracts ) in relation to the any GFA competition. Every stakeholder in the football industry was put on notice once the GFA announced to the world at large, StarTimes, as the exclusive Broadcast Partner for all Ghana Premier League matches among others. StarTimes therefore has been granted Access Rights to all Premier League match venues and has also been granted certain Marketing Rights to all Premier League matches among others. It must be noted that whether StarTimes utilised this rights or not would be a matter between StarTimes and the GFA. More importantly no club shall have the right to question StarTimes on the Rights so granted. Clubs only have recourse to channel their issues through the GFA but cannot and should not stop StarTimes in the legitimate execution or utilisation of the rights so acquired. This Committee notes that Aduana Stars FC acknowledges and accepts that StarTimes should have been allowed to produce and broadcast the match in question. The Committee takes note of the concerns of the supporters of Aduana Stars FC but wishes to state unequivocally that the pitfalls and ills in other matches cannot be used to justify the prevention of the Marketing Rights holder from producing and broadcasting the match between Aduana Stars FC and Asante Kotoko SC. Secondly, Aduana Stars FC had no right whatsoever to take the actions the club took at a Ghana Premier League match without the consent and concurrence of the GFA, which is the Owner and organiser of the premier league. Clubs and third parties must note that the use of fixtures and match results of any GFA competition requires the consent and the permission of the GFA and that a waiver or the failure of the GFA to act does not give rights to any party or club to abuse the GFA Marketing Rights. It must be noted that any abuse of the rights shall be punished. Aduana Stars FC shall not be allowed to take the Sponsors for granted and all abuse of sponsors rights shall accordingly be severely punished to serve as deterrent to all other clubs. The Committee finds Aduana Stars FC guilty on the club s own plea. However, the Committee is also very mindful of the club s plea for leniency and the various reasons and circumstances leading to the incident and the role played by various bodies. It must be noted that going forward, it is the position of this Committee that any abuse of the Marketing Right shall attract a minimum punishment of a One Hundred Thousand Ghana Cedis (GH 100,000.00) fine. This must serve as a notice to all clubs of the GFA in relation to abuse or violation of the Marketing Rights and other rights of the GFA. 5

6 DECISIONS The Disciplinary Committee upon considering the plea for leniency by Aduana Stars FC, makes the following decisions: 1. That the Committee having satisfied itself that the evidence adduced before it supports Charge 2 against the club, the Committee hereby imposes a fine of Five Hundred Ghana Cedis (GH ) on Aduana Stars Football Club in accordance with Article 39(1)(b) of the GFA General Regulations. 2. That the Committee having satisfied itself that the evidence adduced before it supports the Charge 1 against the club, the Committee hereby imposes a fine of Forty Thousand Ghana Cedis (GH 40,000.00) on Aduana Stars Football Club in accordance with Article 39(1)(b) of the GFA General Regulations, half of which fine is hereby suspended due to circumstances leading to the misconduct, the truthfulness of the club and the plea for leniency of the club. 3. That the total amount of Twenty Thousand and Five Hundred Ghana Cedis (GH 20,500.00) in Decision 1 and 2 herein shall be payable by Aduana Stars Football Club to the GFA within fourteen (14) days upon receipt of this Ruling, failing which Aduana Stars Football Club shall forfeit the club s matches after the said deadline in accordance with Articles 39(8)(b) and 39(8)(d) of the First Amendment to the GFA General Regulations. 4. That Aduana Stars Football Club is hereby warned to be of good behaviour and that should the club be found guilty of any misconduct charge on GFA Marketing Rights, the Disciplinary Committee shall first recall the suspended portion of the fine in Decision 2 above in addition to the application of the minimum punishment of a One Hundred Thousand Ghana Cedis (GH 100,000.00) against the club. 5. That should any party be dissatisfied with or aggrieved by this Decision, the party has within three (3) days of being notified of this Ruling to appeal to the Appeals Committee (See Article 37(11) of the General Regulations of the GFA). Prosper Harrison Addo, Esq. Chairman, Disciplinary Committee (A) Thursday, July 20,