CAS 2015/A/4328 Tema Youth Football Club v. Ghana Football Association (GFA)

CAS 2015/A/4328 Tema Youth Football Club v. Ghana Football Association (GFA)

The role of a “whistle blower” is to bring matters to an authority’s attention that the authority might not be aware of, so that the authority can look into those matters and potentially sanction a wrong doer. Whilst there should be some basis or foundation to allegations made by a whistle blower, once that basic hurdle is overcome, then it is for the authority to take over and to investigate properly; and it is then for it (or its judicial body) to consider guilt or innocence and, if the former, any sanction. It cannot be expected that the whistle bower to do all the work, i.e. to impose sanctions.

Upon request to review its initial decision, an appeal committee of an association should appoint different members than those that had heard the initial case to conduct the requested review. Furthermore, in its review an appeal committee should take into account any new evidence available since the initial decision, including evidence available that – strictly speaking – has not been produced by the Party bearing the burden of proof. 

Facts/Procedure

On 30 October 2013, the Player D. signed an employment contract with Amidaus Professional Football Club for a period of 3 years, terminating on 30 August 2016. D. has a date of birth of 11 January 1994 and was registered with Amidaus with these details.  At the end of the 2013/14 First Capital Plus Premier League season, Amidaus was relegated to a lower division.  On 15 October 2014, the Player D. was transferred from Amidaus to Dreams Football Club and registered with them.

On 25 July 2015, Tema (the Club) and Dreams played each other in a match in the GN Bank Division One League. During the Match, Dreams fielded two players named C. and J. Tema lost the match 2-0. At the end of the 2014-2015 season, Dreams finished in first place with a total of 56 points and were therefore promoted to the Premier League. Tema finished the season in...

Why not join us?

Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).

Register today and stay tuned to the latest legal news.

Get started