The Ghana Football Association (GFA) has called on the Court of Arbitration for Sport (CAS) to reject King Faisal's request for the court to temporarily suspend the judgment of its Disciplinary and Appeal Committees.
The football governing body, through its lawyer, Naa Odofoley Nortey, stated that per CAS' own decisions on award of stay, it "…considers whether the interests of the Appellant outweigh those of the opposite party or parties and/or third parties (the 'balance of interest' test)."
King Faisal filed an appeal at the global sports adjudicatory body after losing its protest against Tamale City for alleged double registrations of player Jireh Kojo Nissi/Isaac Mensah at the Ghana FA.
A subsequent appeal at the FA's Appeal Committee was also rejected, though the association admits the player Jireh Kojo Nissi is same as Isaac Mensah.
The Committees directed the GFA Prosecutor to investigate the matter.
The Insha Allah boys in their wisdom considered the decision of the FA to be flawed and proceeded to CAS, claiming it would "…suffer grave consequences" if the team is relegated and cannot participate in the 2023/24 Ghana Premier League and that, if they are not added to the upcoming season fixtures, it might be too late for the club to be restored if they eventually win the case at CAS.
It noted that, "…the laws of the GFA and FIFA in particular, will not be respected by players and clubs in the near future since players and clubs will be emboldened to engage in double registrations and still go unpunished."
CAS, in three separate rulings in 2008, said, "It is necessary to compare the disadvantages to the Appellant of immediate execution of the decision with the disadvantages for the Respondent of being deprived such execution."
The GFA relied on this position by CAS, arguing that the football governing body and the teams that have qualified to the Ghana Premier League will suffer more if the court grants King Faisal's request.
"…the teams that have been promoted have already expanded monies to meet the licencing regulations of the Premier League.
"….the balance of interest test tips decisively in favour of the Respondent. Wherefore, the Respondent respectfully submits that the CAS rejects the Appellant request for a stay in the instant appeal and that the instant appeal be set for an expedited hearing for a disposition on the merits."
King Faisal was relegated to Division One of Ghana's football after finishing 17th on the league table in the 2022/23 Ghana Premier League with 42 points.
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