Is there a potential for conflict of interest in the newly signed deal between the Ghana Football Association and GN Bank?

Ghana's Division One League (DOL) kicks off this weekend under a new sponsorship with a GHS2.1 million ($605,000) sponsorship deal from GN Bank.

The duration of the deal is three years and it comes as a relief for the 48 clubs. But there have been murmurings of discomfort - one of those 48 clubs is Elmina Sharks, which is known to be affiliated to businessman Dr. Paa Kwesi Nduom. 

Joy Sports cannot independently confirm that Sharks operate under Groupe Nduom, which is owned by the former presidential aspirant.

As part of the agreement with the DOLB, there is a further GHS 4,500,000 investment that has gone into TV Production equipment to produce live coverage, rebroadcast of at least six matches weekly, highlights and preview shows, Division One League news and so on.

GN Bank, is also owned by Groupe Nduom which is why the question of conflict of interest has arisen. To explore the issue, we first need to understand how conflict of interest really works.

 

When does conflict of interest arise?

In simple terms, a conflict of interest situation arises when one party's responsibility to a second-party limits its ability to discharge its responsibility to a third-party.

In this case, Division One fans fear that GN Bank's relationship with both the DOL and Elmina Sharks will present a problem. But a closer look shows that may likely not be the case.

"The fact that a citizen donates a vehicle to a police station doesn’t mean when he goes contrary to the law he will not be arrested it has no bearing," said chairman of the Division One League Board (DOLB) Owoahene Acheampong in an interview with Joy Sports.

Owoahene's example may be a tad simplistic, but it rings true.

Can GN Bank influence decision-making for Sharks?

It is important to note that's for a conflict of interest to occur here, GN Bank must be in a position to influence decision-making in the league. 

But are they? Actually, no.

"GN Bank is just a sponsor so per their agreement with the Division One League Board, their obligations include paying a certain amount at a stipulated period to enjoy certain benefits. The contract does not allow them to make decisions," a sports lawyer tells Joy Sports.

That is to say, all decisions that have to do with the league will be handled by the Ghana Football Association, through the DOLB. Therefore, fans need not fear that GN Bank's connection to Elmina Sharks - assuming they even exist - will inhibit the process of fairness.

Owoahene was at pains to stress this point, saying: "GN Bank and Elmina Sharks have an association with Dr. Paa Kwesi Nduom but that does not establish conflict of interest. I don’t think it will have a bearing on issues that will be discussed and the board will be fair to all 48 clubs."

Precedent?

Worried fans have pointed to the existing situation in the Ghana Premier League where GFA Kwesi Nyantakyi is the owner of Wa All Stars, which takes part in the said league.

That situation has been explored before, but the GFA boss always maintained that he has no hand in the day to day operations of the team.

To spread the discussion further, football watchers in Ghana have long complained about the ease with which officials can corrupt the system because of the laxity of the rules governing the game. 

For example, in Nyantakyi's case, the statutes of the FA actually require him to be affiliated to a club before being in the position he occupies.

"This kind of system engenders corruption so as it is we simply have to be each other's keeper to make sure no funny business occurs," says Moses Asamani, a sports administrator in an interview with Joy Sports.

Other examples include Moses "Mospacka" Armah, who owns Medeama Sporting Club and Emmanuel Kyeremeh, owner of Berekum Chelsea. Both were in top FA positions while their teams were in the Premier League. 

More fears

Another area where Division One watchers have feared a potential conflict has been in the incoming television coverage that accompanies this deal. The company to do the TV production and distribution, First Digital, is also associated with Groupe Nduom. 

But again, analysts say there is no need to fear.

"There will only be a problem if First Digital were in charge of fixtures and allocation of the broadcast. But that isn't so," the sports lawyer explains.

Per the terms of the deal, the DOLB will draw fixtures independently and will consult with the 48 teams on feasilibilty of shooting games.Therefore, all First Digitial TV will do is follow the orders of decisions made by the DOLB. 

In the part, potential sources of interest have included coercion of refs to officiate games in favour of powerful interests as well as fixing of match schedules to their benefit.

Conclusion

Assuming, without admitting, that GN Bank is in a position of confict of interest at any point in time when decisions involving Elmina Sharks are involved, the bank (or the TV station for that matter) will be obliged to do two things. 

First, disclose this interest to all parties involved. Secondly, they have to recuse themselves from any such decision-making process to ensure fairness.

In short, there's no need to fear.

This year’s DOL will have three Zones made up of 16 clubs each with the three winners of each zone qualifying automatically into the Ghana Premier League.

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