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So what does King Faisal want from the courts?

Thu, 30 Oct 2014 Source: footy-ghana.com

In this piece, legal practitioner Prosper Addo gives an explanation as to the reliefs that King Faisal is seeking in court over relegation issues and the club's case against Aduana Stars.

It is now common knowledge that King Faisal Football Club and its Founder, Alhaji Ahmed Abdul Karim (Alhaji Gruzah) caused a Writ of Summons and a Statement of Claim to be issued against the Ghana Football Association. Also filed was a Motion for Interlocutory Injunction.

The two court processes were filed on the September 11, 2014 and were served on the GFA the same day (the eve of the GFA Annual Congress) leading to the Congress being postponed indefinitely.

Various personalities, especially football fans, have expressed and continue to express their views on this matter even though they are not cloth with the facts as stated on the court documentation.

The intention here is to state the facts (only facts and not opinions) of the processes exchanged so far in this suit, in order to inform and/or educate the general public. Since this news became public, more processes have been filed.

Case 1

The Writ of Summons issued on September 11, 2014 had King Faisal FC as 1st Plaintiff and Alhaji Ahmed Abdul Karim as 2nd Plaintiff and was against GFA and Aduana Stars Football Club. So since day one, Aduana Stars were a party but they were only served late October, 2014. That suit is numbered HRC/76/14.

Case 2

Then, on September 18, 2014, King Faisal FC (without Alhaji Gruzah as a party) again initiated an originating motion against GFA, Disciplinary Committee of the GFA and Aduana Stars as an Interested Party. This case is numbered HRCM/309/14.

This is an Application for Judicial Review to quash the decision of the Disciplinary Committee dated August 20, 2014 on the grounds that the Disciplinary Committee exceeded its jurisdiction and also violated a rule of natural justice, to wit, the audi alteram partem rule. This was to be moved on October 21, 2014.

Case 3

Then again, on September 25, 2014, King Faisal FC (without Alhaji Gruzah as a party) again initiated an originating motion against GFA, Appeals Committee of the GFA and Aduana Stars as an Interested Party.

This case is numbered HRCM/314/14. This is an Application for Judicial Review to quash the decision of the Appeals Committee dated September 16, 2014 on the grounds that the Appeals Committee lacked jurisdiction, exceeded its jurisdiction and also violated a rule of natural justice, to wit, the audi alteram partem rule. This was to be moved on October 21, 2014.

Case 4

Yet again, on October 15, 2014, a new Writ of Summons was issued by King Faisal FC (this time Alhaji Ahmed Abdul Karim was not a party) against GFA and Aduana Stars Football Club. That suit is numbered HRC/6/15. This case is an improvement of case 1.

Also filed on the same date was another motion for Interlocutory Injunction against the GFA to restrain the GFA and its officials and committees from holding Congress to herald the league or from commencing the league. This motion was to be moved on October 27, 2014.

Of utmost important are the reliefs being sought in this case by King Faisal. These are:

a. A declaration that GFA’s Disciplinary Committee’s decision delivered on the 20th day of August 2014 in respect of the petition brought against Aduana Stars by King Faisal was arrived at in violation of Article 23 of the 1992 Constitution and also Section 62(1) of the Evidence Act, NRCD 323 and Section 62(1) of the Court Act,1993 (Act 459).

b. A declaration that GFA’s Disciplinary Committee’s decision delivered on the 20th day of August 2014 in respect of the petition brought against Aduana Stars by the Plaintiff was arrived at in violation of the audi alteram partem rule of natural justice to the extent that King Faisal was precluded from filing a Reply to Aduana Stars’ Statement of Case.

c. An order setting aside the decision of the GFA’s Disciplinary Committee’s decision delivered on the 20th day of August, 2014 in respect of the petition brought against Aduana Stars by King Faisal.

d. An order directed at GFA to compel its Disciplinary Committee to hear de novo (meaning a fresh - emphasis mine) the petition brought against Aduana Stars by King Faisal before the commencement of the 2014/2015 First Capital Plus Premier League.

e. A Declaration that GFA’s Appeals Committee by its conduct precluded King Faisal from filing its Reply to Aduana Stars’ Statement of Case, which conduct is in violation of Article 23 of the 1992 Constitution and the audi alteram partem rule of natural justice.

f. An order setting aside the decision of the GFA’s Appeal’s Committee dated the 16th day of September, 2014 in respect of the appeal filed against the decision of GFA’s Disciplinary Committee of the 20th day of August 2014 in the petition brought by King Faisal against Aduana Stars.

g. An order of injunction against GFA, its members, officials, committees however described, agents, privies and any person claiming under or through it and however described from organising, holding, participating in or holding any Ordinary Congress or meeting however described for purposes of the commencement of the 2014/2015 First Capital Plus Premier League.

So what does King Faisal want from the courts?

Thus, basically King Faisal wants the court to grant their wish to have their petition heard afresh (per relief d above, as all the other reliefs leads to this particular relief) by the GFA Disciplinary Committee before the GFA Congress and the start of the 2014/2015 premier league. Basically, this is what this case(s) is about.

Ghana Football Association

On the part of the GFA, it is clear that they have a Preliminary Objection to all these and are desirous of seeing this whole case or cases dismissed by the courts.

Aduana Stars Football Club

Aduana Stars were only served with the court processes recently and are yet to disclose their legal move in respect of all these cases and issues.

Why the facts?

As stated earlier, this write-up is only intended to give the facts of the court processes and it is intended to inform and educate the public but not to give a position on the issues before the court.

I hope this would enhance the reportage on this matter and lead to unbiased updates being provided to avoid contemptuous commentary on the subject.

NB: This write-up is written with the aid of only court processes seen at the time of the write-up

Source: footy-ghana.com

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