2018 AUSTRALIA VISA RACKETEERING: A GOC BOMBSHELL!

July 28, 2019

IN THE MATTER OF THE GHANA OLYMPIC COMMITTEE (GOC)
AND
IN THE MATTER OF THE INVESTIGATION INTO THE IMMIGRATION/
VISA ISSUES ARISING OUT OF THE COMMONWEALTH GAMES
GOLD COAST AUSTRALIA 2018
REPORT OF THE DISCIPLINARY/GRIEVANCE/DISPUTE RESOLUTION
SUB- COMMITTEE
MEMBERSHIP: Justice Tanko Amadu – Chairman
Mr. Peter Kpordugbe – Member
Mrs. Gifty Annan-Myers – Member
Hon.B.T.Baba – Absent with apologies.
Hon. – Ken Dzirasah – Absent with apologies.

(1) JURISDICTION
It is provided pursuant to Article 13 of the Constitution of the
Ghana Olympic Committee as follows:

(1)The congress shall constitute a Disciplinary/Grievance/Dispute
Resolution Sub-Committee comprising not more than five persons drawn from membership of the GOC or from non-members,
including a chairman who shall be a lawyer of not less than ten (10)
years standing.
(2) The Sub-Committee shall investigate cases of indiscipline as may
be requested from the Board, National Federations or any other
member acting through the Board.(3) The Sub-Committee shall also receive and investigate any grievances or complaints as may be lodged by members of the Board or of any National Federation, or by any other sports administrator or sportsman
or woman of a GOC member.
(4)The Sub-Committee shall also receive and investigate any sports related disputes within the GOC submitted by any of its voting members.
(5)The Sub-Committee shall regulate its proceedings in accordance with the
provisions of this Constitution. All complaints or requests to the Sub-
Committee shall be in writing and addressed to the chairman of the Sub-Committee, channeled through the Secretary General. The notice shall set out the name of the party or person against whom the claim is made, the nature of the claim/dispute and a summary of the facts on which the claim/dispute is founded. Where the Secretary-General is the person
against whom the grievance relates and/or is a party to the dispute, the notice should be served on the President or any of the Vice-Presidents.
(6) The Sub-Committee upon receiving any complaint or matters referred to
it shall forward a copy of the complaint to the person(s) or body(ies) concerned and shall give all persons appearing before it reasonable opportunity to make representations in writing or in person, or through counsel or representative before making any recommendations to the competent decision making bodies of the GOC.
(7) This Sub-Committee may be subject to any additional operational/Internal regulations (which are not in contradiction with this Constitution) ratified by the Congress.
(8) Upon receiving the recommendations from the Sub-Committee, the competent decision-making bodies of the GOC (i.e., the Board and/or the Congress, with the congress being the highest decision-making
body of the GOC) shall make a final decision which shall be
immediately notified to the persons/bodies concerned.
(9) Any final decision made by the GOC Congress (upon completion of the process mentioned in this Article) may be submitted exclusively by way of appeal to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, which will resolve the dispute definitively in accordance with the Code of Sports Related Arbitration. The time-limit for appeal is twenty-one days (21) days after the reception of the decision provoking the appeal.

(10) None of those internal sports-related complaints or disputes
which fall under the jurisdiction of the GOC, this Sub-Committee
and/or the Court of Arbitration for Sport (CAS) can be brought
before any courts in Ghana without the complaints or disputes
being first laid before the Sub-Committee. Should any GOC
member, official or officer of the GOC or of a member of the GOC
decide to commence proceedings and/or to file any appeal or
process before any court in Ghana for those internal sports-related
disputes without resort to the procedures set out in this
constitution, this would be considered a breach of this constitution and would expose this member to the measures and sanctions provided in this constitution.
(2) By letter dated 16th May, 2018 (Ref/No./GOC/18/AO/SG/0007)
issued under the name of the Secretary General of the Ghana Olympic Committee (GOC) the jurisdiction of the Disciplinary/Grievance/Dispute Resolution Sub-Committee
(hereinafter referred to as ‘the Committee’) was invoked on
the authority of the Executive Board of the GOC which received the report of the Chief of Mission (CDM) to investigate the immigration/visa issues arising from the participation of Team Ghana at the Commonwealth Games in Gold Coast, Australia 2018.
(3) INVITATIONS & PROCEDURE
(i) The Committee invited all persons cited in the report of the CDM and President of the GOC to submit written responses and to
appear for examination by the Committee and other persons of
interest.
(ii) The Committee invited all Federation Presidents or their
representatives to submit memoranda and where invited, to
appear and testify on matters relevant to the mandate of the
Committee.
(iii) The Committee did not have the power to compel the appearance of witnesses and relied substantially on the choice of the witnesses themselves particularly persons against whom adverse remarks have been made in official reports by officers of the
GOC.

(iv) The Committee found the appearance of Mr. Hussein Addy the Accreditation Laison officer (ALO) for the Games who is an
employee of the National Sports Authority (NSA) and Christiana Ashley also a staff of the NSA crucial in the discharge of its assignment in view of the roles they were alleged to have played in the preparation of Team Ghana for the games as contained in the reports of the CDM and the President of the GOC. Both of them declined several invitations to appear. Upon the direction of the Committee, the Secretary General of the GOC wrote to the Chief Executive of the NSA to release them to appear. The Chief Executive of the NSA was not co-operative apparently using the investigations by the Ghana Police Service as the basis of refusing to release them. However, the Committee received written memoranda from the two officers. Having refused to appear for examination, the Committee placed no weight on the contents of their written response. Their written responses are hereby annexed to this report as Annexures 1 and 2 …

 

TO BE CONTINUED.

 


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