Hearts' stay of execution application over 'ambush' marketing dismissed

Published on: 20 June 2017

Accra Hearts of Oak’s application for a Stay of Execution of the Disciplinary Committee’s ruling dated 13th June, 2017 concerning their violation of the GFA Marketing rights has been dismissed.

PROCEEDINGS

In accordance with Article 41.5 of the GFA Statutes and Articles 37(17)(a) to 37(17)(d) of the GFA General Regulations, the Disciplinary Committee (the Committee) examined the application from Accra Hearts of Oak Sporting Club (the Applicant).

SUMMARY OF THE FACTS

On Friday, June 16, 2017, the Applicant applied to this Committee for a grant of a Stay of Execution pending the outcome of the Appeal Case (Accra Hearts of Oak SC vrs Ghana Football Association). The appeal of the Applicant is against the Decision of the Disciplinary Committee dated on Tuesday, June 13, 2017.

The Applicant stated that the appeal has the high chance of success. The Applicant argued that if the Decision is not stayed, should the club win on appeal the club “would have been deprived the opportunity of enjoying the benefit of its gates proceeds in the event of forfeiting its matches on account of non-payment of fine”.

The Applicant further argued that if the Decision is not stayed, the club would suffer irreparable losses should the club win on appeal.

DECISION

The Committee therefore, makes the following decisions:

1. That for failing to demonstrate that an irreparable damage will be caused to the club should the application not be granted, the Application for Stay of Execution of Accra Hearts of Oak SC is hereby dismissed.

2. That the Ghana Football Association (GFA) and its Premier League Board (PLB) shall ensure that the decisions contained in the Ruling of the Disciplinary Committee delivered of June 13, 2017 shall be fully executed until otherwise directed by the respected Appeals Committee of the GFA.

3. That no cost shall be awarded.

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