This is one of the hardest things I have had to do in my years as a journalist. Sometimes, it is fashionable to claim neutrality in certain instances to avoid being accused of being biased to one side. Unfortunately, our job also enjoins us to say things as they are and so, after listening to many sides of the arguments swinging about regarding the Hearts of Oak protest case, I believe it is time for me to give my informed opinion on the matter.
Let me begin by saying that I am no legal expert and so whoever is reading this is at liberty to disagree with me. I also stand the risk of being accused of being on one side, but that is part of the hazards of our profession.
I wrote an earlier article on the same matter and at the time, I must confess that I was not in possession of the full facts. After writing the article, I had a few calls and it also prompted me to go back to the Ghana Football Association regulations. I have also taken out time to read the full ruling by the Disciplinary Committee a few times and I will thus write what I think of the whole situation.
It is without doubt that Obed Owusu received yellow cards on the following dates:
17th January 2015 when Asante Kotoko played against Aduana Stars in Dormaa
11th February 2015 when Asante Kotoko played against Ashanti Gold in Obuasi
10th June 2015 when Asante Kotoko played against Aduana Stars in the FA Cup
26th July 2015 when Asante Kotoko played against Ashanti Gold in Kumasi
For starters, as per the GFA regulations, any player that gets three yellow cards either in Premier League matches or FA Cup matches or both, is automatically suspended in the next available Premier League or FA Cup match. As per GFA Regulations Article 29 (1) (e), “a player who has received a caution in three separate official matches of the FA (i.e the League and FA Cup Competitions)” is deemed to be an unqualified player.
So clearly, Obed Owusu was unqualified for the game against Ashanti Gold in Kumasi on July 26 2015. On August 4, Ashanti Gold subsequently filed a protest against Asante Kotoko for using Obed Owusu but withdrew its protest over three weeks later on August 26.
Let me also go through a portion of the Special Rules governing the Elite Cup Competition.
Cautions & Expulsions
A Player who receives three yellow cards shall be suspended from playing the next match.
A player who receives 2 yellow cards in the same match (followed automatically by a red) shall miss the next game, besides being sent off in that particular match.
A Player who receives a straight red card in a match shall be suspended for 2 matches including the match in which he was shown the red card. Provided however, that if the match officials report indicates that the offence was a grievous one or violent conduct then he shall be suspended for three matches including the match in which he played. His Club and all other competing clubs shall be informed of the decision and the stipulated sanction.
All ineligible players shall be announced at the pre match technical meetings by the Match Commissioner or in his absence the match referee.
Any Club that fields a player who is suspended by virtue of having received a red card in preceding matches or two yellow cards in preceding matches shall be declared the loser and its opponent shall proceed to the next round.
Any sanctions received in this competition that has not been fully served during the competition must be served in the next match (es) of any competition sanctioned by the FA e.g the FA Cup and League competitions.
Carrying over match suspensions
Sanctions not served for expulsion shall be carried over into the next Competition whenever the said player so qualified participates, for the avoidance of doubt.
However, where a player has one or two yellow cards shall however not be counted against the affected player.
From the above, if a player gets three yellow cards in the Elite Cup, the player can serve his suspension in other GFA sanctioned competitions, provided the player’s club has been eliminated from the Elite Cup.
I believe that Asante Kotoko thought that with Obed Owusu sitting out the club’s Elite Cup clash against Dunkwa United, he had served his suspension. Unfortunately for the club, the regulations do not allow that.
I will repeat Article 29 (1) (e)which states that “a player who has received a caution in three separate official matches of the FA (i.e the League and FA Cup Competitions)” is deemed to be an unqualified player.
Kindly check the statement in parenthesis (in brackets). The official matches referred to Premier League or FA Cup games. Instead of using e.g which would have meant ‘for example’, i.e., which means ‘that is’ was used in defining what the official matches were. So clearly, whilst a player suspended in the Elite Cup can serve out his suspension in either a Premier League or FA Cup match if his club has been eliminated from the Elite Cup, the player cannot serve his suspension in an Elite Cup game when he has received three bookings in either Premier League or FA Cup games or both.
Again, Asante Kotoko broke the rules by using him against Ashanti Gold in Kumasi when he had already received three yellow cards. The club was however let off the hook when Ashanti Gold withdrew its protest.
Obed Owusu was used against Hearts of Oak and the Phobians duly protested. The forward was also used against other clubs, which did not deem it necessary to file protests within the stipulated time.
What it means is that Owusu has not served his suspension yet and if he is used against Hasaacas on Sunday, Hasaacas could also protest at his use.
I have read and listened to arguments on both sides of the argument and my conclusion based on the GFA regulations and the Special Rules governing the Elite Cup is as follows.
Unfortunately, Asante Kotoko erred in using Obed Owusu and it will be a major surprise to me if the Porcupine Warriors win the appeal that they have lodged. Indeed, the appeal is doomed to fail based on the evidence.
In short, Asante Kotoko will have to do two things to avoid being relegated from the First Capital Plus Premier League. First of all, the club has to avoid using Obed Owusu on Sunday in Sekondi. Secondly, the club has to take a minimum of four points from six in the remaining two matches to survive in the Premier League.
To conclude, Asante Kotoko is paying for inadequacies at administrative level and sadly, it has resulted in a season that was ending on a relatively good note, into one on the brink of relegation jeopardy. At this stage, survival should be the main goal for the club.
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By: Christopher Opoku/citifmonline.com/Ghana