Gloria Akuffo – Attorney General
The Ghana Football Association (GFA) has responded to a petition filed by the Attorney General (AG) on behalf of government to wind up the association over alleged corrupt practices that were exposed in an investigative piece by Anas Aremeyaw Anas.
In a 17-page response to the AG’s petition, which was moved at an Accra High Court on June 12, 2018, lawyers for GFA outlined various reasons why the petition was premature and that the Anas video cannot be used as basis to wind up the company limited by guarantee.
It averred that the move by the state has no merit as the state does not have any evidence to prove that GFA has become a structure for scandal; with corruption and immoral conduct being the subject matter of widespread public perception even in the most hallowed public offices of Ghana.
It said the investigative work upon which the instant application is mounted has been subjected to widespread criticism on grounds of ethics, motive and approach.
It also challenged the grounds on which the AG invoked the jurisdiction of the court given that the video on which the petition was premised has not been subjected to any review.
An Accra High Court on June 12 placed an interlocutory injunction on the officials of the GFA, restraining them from carrying out their duties.
This followed a motion filed by Attorney General’s Office to restrain GFA officials, as government takes the necessary steps to restructure the Association.
But the GFA has taken a legal step to defend the interest of its members, outlining reasons why the association cannot be liquidated despite allegations that some officials of the GFA took bribes.
Public Interest
GFA noted that the association is a company limited by guarantee and the public does not have any legal rights or interest in the association as no member of the GFA is paid from the Consolidated or Contingency Fund or from any other public funds.
It said “the fact that members of the public consume services provided by a private entity or even benefit massively from such services does not confer on any member of the public any right or interest in the activities of that private entity or constitute respondent into a public trust.”
It therefore denied the AG’s assertion that the GFA is limited by guarantee but its duties are of public interest and relies heavily on government especially for its finances and logistics, and also organises matches in the name of Ghana.
Anas Video
The GFA heavily criticized the investigative piece on which the state based its arguments for the winding up of the GFA, saying the video was prejudicially edited to serve the interest of Anas.
It said the documentary film neither established nor proved any acts of illegality or criminality against any of GFA’s subscribers, directors or officials, but the supposed investigative journalist’s prejudicial presentation of allegations of corruption was only against some of the respondent’s members.
“The fact that some of respondent’s subscribers or directors or officers are alleged to have acted illegally is not evidence that respondent’s incorporation was for the purposes of the acts alleged to have been engaged in by them or even that they acted for respondent’s benefit,” it noted.
It also denies the AG’s assertion that GFA’s structures have become an emblem of scandal, corruption and immoral conduct.
“At no point in time has any of respondent’s subscribers, directors and officers been convicted of any scandalous, corrupt or criminal conduct; a fact which petitioner in the capacity in which the instant petition is brought, knows of,” it added.
It also questioned Anas’ modus operandi, saying the documentary is a prejudicial presentation of Anas’ personal agenda contrived to embarrass and tarnish respondent’s image and that of its officials.
President’s Report TO CID
The response also touched on the President’s decision to petition the Criminal Investigations Department (CID) of the Ghana Police Service to investigate former GFA President, Kwesi Nyantakyi over some allegations he made against the President, the Vice President and some government officials.
It said the report made by the President is a step in the right direction.
“The President recognises the fact that the allegations on the video being prejudicially compiled by Anas Aremeyaw Anas constitute allegations only for which reason it is necessary for the appropriate authorities of State to investigate same.”
It averred that it would have been a proper, fair and candid exercise of the AG’s power to have taken cue from the GFA’s directions, and waited for the result of the investigations triggered by the President before commencing a court action.
It added that Mr. Nyantakyi is not synonymous with the GFA and the AG’s petition to liquidate the GFA is not the right step.
Match Officials
GFA said it has not been proven that the match officials captured in the Anas video are guilty of any wrongdoing since the clubs mentioned in the AG’s petition have denied involvement in any match fixing, and the referees, linesmen and match commissioners are neither subscribers to respondent’s regulations nor GFA’s directors.
By Gibril Abdul Razak