Audio By Carbonatix
Did you know that even if the Black Stars wanted to select Sulley Ali Muntari or Kevin-Prince Boateng today, the laws of Ghana will not allow it to happen immediately?
The Ghana Football Association, last night, published an apology from Muntari, two years since the fiasco of Brazil 2014 where he assaulted a management member. In the letter, he grovelled and asked for forgiveness for the chaotic incidents in South America.
The letter also expressed a willingness from the midfielder to return to the team.
But according to lawyer Egbert Faibille. Jnr, Muntari and Kevin-Prince have to meet certain conditions made in the recommendations drawn by the Justice Dzamefe Commission, which presided over hearings to look into the disastrous tournament.
Citing Article 280 (2) of Ghana's constitution, Faibille notes that any adverse finding made against any person who appears before a Commission of Inquiry has the effect of a High Court judgment.
"If our authorities decide to call Mr. Muntari for a recall into the Black Stars, it will be contempt since the adverse findings against Sulley Ali Muntari and KP Boateng still holds."
"The GFA has people of appropriate knowledge when it comes to the law and Kwesi Nyantakyi himself is a learned fellow. He knows this so I doubt the GFA will do anything contemptuous."
"The onus lies on Mr. Muntari and his advisers to seek redress in a Court of Appeal to reverse the adverse finding if he wants a return to the team. Although the right of appeal should have been exercised within three months after the Commission’s report, in Mr. Muntari's favour, he can fortunately can fall on what we call “Special Leave to Appeal” to seek redress."
"Overturning the adverse finding that bans him from joining the team is the only way that can guarantee his return to the team. And that is the case, even if the technical handlers agree to call him back. It's the law, and not even the President of the land can reverse any adverse finding after a White Paper has been issued on a Commission of Inquiry’s findings."
It is not clear if Muntari will want to go through this potentially laborious process. Boateng, on his part, is yet to apologize.
VIDEO
Watch the lawyer explain to legal implications of any move by Sulley Muntari and Kevin-Prince Boateng to the Joy News Channel.
Follow Gary on Twitter: @garyalsmith. Get more updates on Facebook/Twitter with the #JoySports hashtag
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