Breaking!! CAS responds to Tema Youth appeal, sets tone for legal showdown against Ghana FA

Published on: 05 October 2021
Breaking!! CAS responds to Tema Youth appeal, sets tone for legal showdown against Ghana FA
Wilfred Osei Kwaku "Palmer" is the President of Tema Youth - who are challenging Accra Lions' promotion to the Ghanaian top-flight

The Court of Arbitration for Sport (CAS) responded to Tema Youth appeal against the promotion of Accra Lions into the Ghanaian to-flight in the upcoming season on Monday, GHANAsoccernet.com Headquarters can exclusively report.

The Tema-based side received the initial response from the Swiss-based organisation on Monday afternoon with reference number CAS/2021/A/8371.

The Ghanaian second-tier has been handed a three-day ultimatum for the final e-filing of documents to Switzerland for processes to kick start.

However, the bulk documents challenging the promotion of Lions has arrived in Switzerland by a  Courier.

Tema Youth have engaged the services of highly-rated international lawyer Osafo Kwaku Buabeng of Oseawuo Chambers and Co in their promotion battle with the Ghana FA.

The quick response from the global tribunal means CAS are given serious attention to the petition filed by the Tema-in a bid to overturn the promotion of Accra Lions.

Tema Youth bankroller Wilfred Osei Kwaku "Palmer" is leaving no stone unturned in his quest to fight the legal battle to its logical conclusion.

The former Ghana FA Executive Council member is heading to CAS for the third time, being successful in 2016 and unsuccessful in 2019.

Tema Youth won their case against the Ghana Football Association (GFA) at the Court of Arbitration for Sport (CAS) over their protest case against Dreams FC - a scenario Youth are hoping to be second time lucky as they take their case to the global body.

CAS adjudicatory chamber is expected to deliver a judgment in the coming months which threatens the equation of teams that have gained promotion to the elite division.

Accra Lions were crowned champions of Zone Three on the strength of their superior goals and head-to-head advantage over Tema Youth, despite both teams finishing the season with 65 points each.

Tema Youth are unsatisfied with an earlier decision by the Disciplinary Committee and have gone through other redress channels the issue in which they contend that Accra Lions are not worthy champions of their zone.

However, Tema Youth are challenging the qualification of the Accra-based side, insisting the Appeals Committee of the Ghana FA misapplied Article 13 of the Division One League Regulations which hinge on withdrawal of clubs from competitions.

Youth say there was variations in award decision delivered by the judicial body involving Amidaus Professionals on May 7, 2021 and Phar Rangers on July 21, 2021.

Tema Youth owned by former Ghana FA Executive Council member Wilfred Kwaku Osei "Palmer" wants the association to  to synchronize the two award decisions involving  Amidaus Professional case and Phar Rangers FC respectively.

It wants the GFA to use the May 7 Amidaus ruling as a precedent in the Phar Rangers case or strict application of article 13 (1-6) of the 2019 Division One League Regulations in both cases.

Tema Youth insist if the petition to CAS is successful, the match statistics will reflect the true position of each club in zone 3 with the Tema-based side being declared winners of the zone and qualify for the Ghana Premier League.

Tema Youth's petition is built on what it sees as the misapplication of the rules in favour of Accra Lions by applying the same Article 13, which deals with the withdrawal of clubs from the DOL, differently in the cases of Amidaus Professionals and Phar Rangers respectively.

They argue that while the same committee ruled that all clubs who had already played Amidaus Professionals should forfeit their points following the club’s withdrawal from the league, it directed that clubs that were yet to play Phar Rangers should be credited with three points and three goals.

Tema Youth s's seemingly never-ending battle with football authorities over matters of judicial fairness are so esoteric which could have been avoided.

Yet many rival fans are, and keen to see ‘justice’ meted out to a club that enjoyed their best run of form in the Nations Division One League zone 3.

They are up in arms against the Ghana FA following the promotion of Accra Lions.

 

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