Wilfred Osei Palmer (appropriate) was disqualified from contesting the GFA presidential elections in 2019
“It will be unfortunate at this point,” Lawyer of the Ghana Football Affiliation (GFA) Naa Odofoley Nortey, wrote “to set our soccer fortunes in the hands of persons this kind of as the appellant who flagrantly violate the regulations of the association. He would like to direct and thinks it is acceptable to provide bribes to FIFA and CAF officials to influence the end result of game titles,” she described to the Court of Arbitration for Sports activities (CAS).
“The qualification needs put on aspirants particularly to presidential positions is built to prevent putting the GFA in the hands of people with ethical turpitude and absence of tested integrity,” she ongoing.
The very first two paragraphs, are level 42 of the GFA defence submitted at CAS in response to Wilfred Kwaku Osei’s claims that the selections of the now-defunct Elections Committee (EC) to disqualify him from contesting the 2019 GFA Presidential elections was a ‘smack of selective justice’ and a ‘predetermined, premeditated and preconceived decision’.
Palmer, as Wilfred Kwaku Osei is affectionately termed, complained to CAS on October 11, 2019, that a member of the Vetting Committee, Frank Davis was in the world wide web of ‘conflict of desire and biased in the direction of him’ mainly because he did not pay out 10% of the transfer fees of Joseph Paintsil, a Tema Youth item who moved from Hungary to Belgium even with receipt of a letter from the private authorized practitioner.
Attorneys of the GFA responded on Oct 21, 2019, accusing Palmer, explained as the appellant in the official documents of maliciously taking methods to destabilise the elections.
They say, the appellant “herein was at all the material conscious of the composition of the Vetting Committee and at no point lifted and/or wrote to the NC at any place to object to any member of the Vetting Committee.
They included that, he in no way at any place increase an ‘issue of conflict of interest, bias or the likelihood of bias versus any of the associates of the Vetting Committee, and that even when he was requested if he experienced any fears with composition of the Committee all through his vetting, he answered in the ‘negative’.
They argue right before the CAS panel with Michele A.R Bernasconi as President that, the appellant extolled the virtues of the Chairman of the Committee and if he ‘honestly and sincerely’ was of the view that, a member or customers of the Vetting Committee were in a conflict of interest “position or there was a serious chance of bias in opposition to them, he must have lifted same before, throughout or correct immediately after his vetting especially so, when the specifics, the foundation of allegations of conflict of desire ended up regarded to him way ahead of the Vetting Committee was constituted and created public. He unsuccessful to do so.”
His failure to exercising the option of expressing his misgivings, they say, he ‘waived his right to elevate these allegations’ and that, it was ‘malicious afterthoughts calculated to destabilise the elections and must not be entertained.
CAS was informed that, disqualifying the appellant was primarily based on the point that he lacked the ethical integrity to direct the GFA.
They questioned why “a man or woman who touts himself as the founder, owner and bankroller and government board Chairman of Tema Youth Football Club refused to abide by his very own endeavor to the GFA and flagrant breach of the GFA procedures and polices adopted by Congress, the pretty institution he wants to head as President, his behaviour was unacceptable and in breach of the GFA principles and regulations that experienced been set in place for users by congress, thereby failing the significant ethical integrity test.
“In his have terms, at the sitting down of the Vetting Committee he admitted that his perform, and certainly that of his club was inappropriate, and also that with the profit of hindsight, Tema Youth Football Club should have redeemed its indebtedness to the GFA”.
In relation to the feedback designed by the Tema Youth owner in 2017 about Black Stars’ lack of ability to qualify for Planet Cup 2018, the other explanation for his disqualification, Naa Odofoley Nortey informed the CAS panel that, the import of Ghana’s non-achievement at a fourth successive environment cup participation as communicated by Palmer was that, the ‘unclassified payments’ have been intended to compromise Fifa and match officials, ‘a scenario fifa strongly frowns upon’.
The GFA defined that the NC was appointed to acquire the spot of the govt committee simply because of perceived corruption and the founder of Tema Youth lacked the moral integrity demanded by the NC.
Just before these, the NC informed CAS that the selections of the elections committee have been ultimate and binding. They mentioned that, per article 81(2) of the GFA Statutes, a ruling of the system could not be appealed at any institution thanks to deficiency of jurisdiction of the claimed organisation.
This declare, was afterwards turned down on June 22, 2020 next an argument from Lawyers of the appellant that, the pretty laws drafted by the Normalisation Committee of which its member Naa Odofoley serves as the Attorney of the GFA in the deadlock, recognises CAS in short article 61 and 63 of its Statutes.
They described the techniques of the NC in their argument as ‘misleading statements’ meant to deceive the courtroom.
Thaddeus Sory, direct counsel of appellant reported, in conditions involving Kwesi Nyantakyi vs FIFA, Tema Youth vs GFA, Amos Adamu v FIFA CAS² and Diakite vs FIFA, all these conditions have been issue to CAS attractiveness.
For Kwesi Nyantakyi vs FIFA, the last conclusion of the Adjudicatory Chamber of the FIFA Ethics Committee was matter to the charm jurisdiction at CAS. “Being ultimate and binding has been misconceived as unappealable selection.”
Not creating a place for persons to look for redress with claims of their selections getting ultimate and binding ‘cannot be dependable and suitable. It smacks of a regime of dictators, arbitrariness and substantial handedness.”
Did Palmer waive his suitable to elevate an objection to a member or customers of the Vetting Committee? His Attorneys cited illustrations to back their argument that, there was a conflict of fascination, accusing the FA of violating its quite own regulations.
“A problem where conflict of interest is founded. The actuality that appellant did not increase it is of no minute. It is undoubted floor for vitiating each selection no matter of no matter if it is elevated or not by the man or woman affected by it.”
Per the definition of GFA legal professionals, ‘unclassified payments’ are are unapproved and inappropriate payments designed to Fifa and match officials to impact the end result of games.
Attorneys of Kwaku Osei mentioned the allegations are ‘completely false’ as unclassified payments are not monies meant to bribe officials. They say, he cited comforts these accommodating them in magnificent hotels and supplying them regular gifts.
They added that, even though he was asked to apologise, his utterances were being not considered grievous sufficient to benefit any sanctioning from the Ethics Committee. “He was not billed of any offence.”
He might not have been billed with any offence, but NC insists, he never achieved the needs to head the GFA as President.
CAS, the supreme activity adjudications courtroom, would award a ruling based on the arguments filed on August 4, 2020.