The Court of Arbitration for Sport (CAS) has rejected Tema Youth FC’s latest request for an injunction to prevent the relegation of the club from the Division One League until CAS renders its final decision in its substantive case against the Ghana Football Association (GFA).
BACKGROUND
The Swiss-based sports appellate body on July 26, 2022 rejected a request of Tema Youth FC for a stay of execution of the GFA’s Appeals Committee decision in relation to the refusal to make payments to Young Red Bull FC and GFA in relation to the transfer of player Joseph Paintsil.
Young Red Bull FC thereafter instituted a case for Enforcement for the payment against Tema Youth FC for which the Tema based club continue to suffer 3 points deduction after playing each match in accordance with the Disciplinary Code for their refusal to obey the decision of the Appeals Committee.
It would be recalled that on 11 June 2022, the GFA Appeals Committee issued its decision (the “Appealed Decision”) in which it upheld the GFA PSC decision, holding that Tema Youth FC shall pay the following amounts within 14 days of the Appealed Decision (14 working days from 11 June 2022):
– EUR 688,000 to Young Red Bull
– EUR 150,000 to the GFA; and
– EUR 150,000 to the Ghana League Clubs Association (“GHALCA”).
TEMA YOUTH LATEST APPLICATION TO CAS
On 25 August 2023, the Tema Youth FC once again went to CAS and submitted a request for provisional measures due to the Appellant’s relegation by the GFA following the release of the final league table by GFA in accordance with the Division One League Regulations.
Tema Youth FC argued for their relegation from the Division One League Zone 3 to Division Two League to be halted by CAS pending the release of the final decision in the substantive case before CAS.
DECISION OF CAS RELEASED SEPTEMBER 22, 2023
Having considered all the arguments advanced by both Tema Youth FC and GFA, the CAS Panel decided that:
- The “Petition on Demotion”, considered as a request for provisional measures, filed by Tema Youth Football Club on 25 August 2023 in the matter CAS 2022/A/9010 Tema Youth Football Club v. Ghana Football Association is dismissed.
- The costs of this Order shall be determined in the final award or in any other final disposition of this arbitration.
EFFECT OF THE LATEST CAS DECISION
The latest CAS decision means that the enforcement by Young Red Bull FC for the payment against Tema Youth FC for which Teme Youth FC continue to suffer 3 points after playing each match in accordance with the Disciplinary Code for their refusal to obey the decision of the Appeals Committee will continue.
Thus, each match that Tema Youth FC plays, the club will forfeit 3 points until it fully settles the indebtedness to Young Red Bull FC.
