Some 54 members of the Ghana Football Association (GFA) have called on the football governing body to organise an Extraordinary Congress to review parts of its statutes, JoySports has gathered.
The members which include premier league clubs such as Asante Kotoko, Real Tamale United, Elmina Sharks and many others want a review of articles 81(6), 39(k), and introduction of a new clause to article 27.
The petition, which copied the Jubilee House, and Ministry of Youth and Sports, per JoySports sources, called on the FA to hold on to the commencement of the new Division One League season scheduled to start on November 19.
1. To consider and delete article 81 and in particular 81(6) from the 2019 GFA Statutes.
2. To consider and delete article 39(k) from the 2019 GFA Statutes.
3. To consider and approve an amendment of article 27 by adding a new article 27(q) as follows:
To approve and issue regulations for the organization of all competitions of the GFA.
5. We hereby resolve that, the commencement of the Division One League scheduled for 19th November 2021 be suspended by the Executive Council pending the final determination of all issues raised by Members of the GFA Congress through this RESOLUTION at a Meeting of an Extraordinary Congress of the GFA.
The Clubs argue that at the 2021 Congress of the GFA held on 28th October 2021, the General Secretary, Prosper Harrison Addo presented a new structure for Men’s competitions of the GFA dubbed “the Football Pyramid”.
According to the General Secretary, "...at the end of the 2021/2022 football season, 30 clubs will be demoted/relegated from the Division One League to the Regional Division Two Leagues to pave way for the creation of a new 18-club super league," the petition to the FA noted.
The decision of the Executive Council appears to be based on Article 81(6) of the GFA Statutes.
The members say, the creation of the new Super League for Division One League Clubs appears to based on Article 81(6) which provides that: “The number of delegates representing the Division One League shall be reduced to 18 (down from the current 48) at the latest by the end of the second football season following the adoption of these Statutes.”
"With the greatest respect [to] the Executive Council, the GFA misconceived the meaning of DELEGATES for CLUBS under the above article. In the whole of the 2019 GFA Statutes, nowhere is a provision made for an 18-club Division One League. Article 81(6) is the only clause that dealt with 18 delegates but not an 18 club league. Delegates and clubs are not synonyms and cannot be used interchangeably.
"In fact, in its current text, clubs and delegates have been utilized in different articles with different meanings and understandings.
Article 26 of the GFA Statutes illustrates the point clearer when it provides that: “ The Congress shall be composed of one hundred and twenty (124) delegates. The number of delegates is allocated as follows:
For each of the eighteen (18) Premier League Clubs, two (2) delegates;
For the Women’s Premier League Competition Clubs, eight(8) delegates of which at least five (5) shall be women;
For the Division One League Clubs, forty-eight (48)delegates
For each of the ten Regional Football Associations, two (2) delegates
For the Schools & Colleges, one (1) delegate
For the Beach Soccer Association, one (1) delegate
For the Futsal Association, one (1) delegate
For the Security Services Sports Association (SESSA), one (1) delegate
For the Professional Footballers Association of Ghana (PFAG), two (2)delegates
For the Coaches Association of Ghana, two (2) delegates
For the Referees Association of Ghana (RAG), two (2) delegates
For the Juvenile Clubs Association, two (2) delegates.
Furthermore, the petition noted that, parts of the statutes, especially article
26 created "...36 DELEGATES for the premier league clubs but only 18 clubs are participating in the premier league.
"The same article created 8 DELEGATES for the Womens’ Premier League Clubs but 16 clubs are participating in the Premier Womens’ League."
The Division One League is the only competition whose delegates is equal to the number of clubs participating in the league.
"A reduction of delegates does not result in a corresponding reduction in clubs unless it is expressly provided in the Statutes.
Article 81(6) proposes to reduce the number of delegates for Division One League clubs from 48 to 18.
However, there’s no provision in the statutes for the reduction of clubs in the Division One League from 48 to 18," they noted.
B. Competitions recognized under the 2019 GFA Statutes.
From the above legal authorities, the transitional provisions of the GFA Statutes should have taken care of issues that required the attention of the GFA during the period of transition.
"In an unfortunate twist of events, article 81(6) seeks to forecast that two years after the adoption of the GFA Statutes in 2019 ( after the exit of the Normalization Committee from Office) the number of delegates for Division One League Clubs should be reduced from 48 to 18.
This provision is not a transitional provision because it seeks to take care of the fundamental issue of delegates outside the period of transition.
The same provision is further problematic because it is inconsistent with an operative part of the Statutes as provided in article 26 on the composition of Congress.
"The entire transitional provisions, and in particular Article 81(6) cannot amend an operative part of the GFA Statutes as provided under article 26 either expressly or by implication.
It is, therefore, inapplicable and should be deleted from the GFA Statutes.
Article 81(6) of the GFA Statutes is arbitrary and an infringement on the democratic right of 30 clubs to participate and vote at Congresses of the GFA
Article 81(6) of the GFA Statutes seeks to disenfranchise 30 clubs of their democratic and inalienable right to participate and vote at congresses of the GFA without due process.
It is arbitrary, conflictual with article 26 of the GFA Statutes and contrary to the human rights provisions of the 1992 Constitution of Ghana."
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