The Court of Arbitration for Sport (CAS) has thrown out the preliminary objection of the Ghana Football Association (GFA)’s against the exercise of jurisdiction by Sports adjudicatory body to hear the case between the GFA and Wilfred Kwaku Osei ‘Palmer’.
In a ruling Monday, CAS dismissed the GFA’s objection and deferred its reasons till 17th July 2020 when the final decision on the substantive case would be delivered.
“The reasons for the Panel’s decision will be communicated to the Parties in the final award in the present case,” Carolin Fischer wrote in the award.
The GFA, identified as Respondent first disputed that CAS has jurisdiction to hear this matter.
The Lawyers of Palmer argued that, the Ghana FA and the Tema Youth owner “are engaged and relate to one another in the context of the sport of football.
They added that, “being related to one another in a sporting way, both Parties must in good faith submit to the jurisdiction of the CAS.”
Palmer’s legal representatives also referred the GFA and CAS to “Article 61 of the GFA Statutes conferring jurisdiction on the CAS.”
The Lawyers of the football governing body in Ghana “did not comment on Article 61 of the GFA Statutes,” raised by Mr Palmer.
In the course of proceedings, Carolin Fischer wrote, “…the Respondent asked CAS to render a decision, without maintaining its opposition to the jurisdiction.”
The Panel, headed by Mr Michele A.R Bernasconi ruled that, it has the powers to exercise jurisdiction over the matter.
CAS will award its final ruling on July 17.
Source: Muftawu Nabila Abdulai