Saturday, January 15, 2011

GOC AMPASSE- A TIME BOMB

A dark cloud is hovering around the country’s relationship with the international Olympic Committee as the deadline for the passage of the Nation’s Sports Bill nears.

Indeed the Sports authorities have called the bluff of the International Olympic Committee over their threat to sanction Ghana should we fail to promulgate into Law the New Sports Bill by the end of the year, but the call might have come 16 months late.

When the IOC first came up with its Road Map to get the country re-integrated into the Olympic body following claims of third party interference in the GOC congress over 16 months ago, the government had very few options available.
The IOC has essentially told Ghana that the same process that brought the old Ghana Olympic Committee administration to office could not be used to bring the new administration to office.
Three questions the IOC has shied away from answering are (i) Why they rejected the same process that brought the old GOC into being and re-elected them at least twice, (ii) Why they want the new GOC to turn power back to the old GOC that was elected in the same way, and (iii) Why did the old GOC call for Congress even though they knew the various sports association executives had been appointed and not elected, while they knew all along that the IOC did not want to work with appointed executives.
These are three crucial questions that make it clear what is really going on. However, many pundits choose not to address these questions and rather make allusions to shenanigans that were supposed to have taken place during the Congress, and in support of this line of argument they make reference to government agents who were not supposed to be at the Congress, but who attended.
The name that has been mentioned over and over again is that of Nii Lantey Vanderpuije. But, it appears that he had basis for being there in his then-capacity as appointed Chairman of the Weightlifting Association.
Another apparently diversionary tactic is the reference to the fact that President B.T. Baba closed the Congress after it started, suggesting that everything that happened subsequently, including the election of the new officers, should be null and void, despite the election being overseen by the esteemed Electoral Commission of Ghana!
I refer to this as “apparently diversionary” because when the IOC came to town in November, in response to a question about why they had deemed it necessary to sanction Ghana—i.e., whether it was because of the alleged shenanigans, or whether it was because of President Baba who had allegedly closed the congress—they stated clearly that it had nothing to do with any of those reasons.
Their position was that whenever a government appoints association executives who then go forth to GOC congress, they consider that “government interference”. They were emphatic that the issue was as simple as that. In that statement, they conceded that it had nothing to do with any shenanigans, nothing to do with any shredded documents, nothing to do with illegally continuing an officially closed congress, nothing to do with any of these at all. It was simply because we (Ghana) appointed association members as our law then gave the government the authority to.
Again this background, the three crucial questions become very significant. To repeat the third: why would the old GOC call for congress when they knew the associations were appointed not elected as the IOC wanted? What were they trying to do? And if they had won the election, would they have told IOC that the associations were not appointed? That actually raises a question about what they have told the IOC about Ghana’s appointive processes in the past, that is before last June’s fated congress.
So, why did the government not contest the IOC more strongly, given that they allegedly favored the newly elected GOC? Perhaps, the government was afraid of the possible sanctions that pundits in Ghana were always threatening and wanted to please the International body? But in doing so, they sold the sovereign rights of the country on a silver platter to an organisation that deals ruthlessly with anyone who dares lay a hand on “one of its own.”
The decision has come back to hunt them.
HISTORY OF GOC AMPASSE
For those of you who are strangers in Jerusalem, the GOC saga goes like this: The then GOC administration under B.T. Baba sought to prolong their stay in office months after the new government took office in 2009 by calling for congress on 30th June, 2009.
But the then new government saw through the plan and quickly appointed new leaders to the various sports Associations who had the power to elect the new chairman of the GOC.
When the day of congress came, the new appointed leaders of the Associations converged much to the annoyance of B.T. Baba who stormed out of the congress grounds complaining of “third party influence.”
The IOC continues to regard the old administration led by B. T. Baba as the legitimate GOC while the government backs that newly elected Professor Francis Dodoo administration.
THE NUETRALITY OF THE IOC
As the parent body of the GOC, the IOC was expected to act in a neutral manner as ascribed in the Olympic Charter. Perhaps it was with such conviction that President John Evans Atta Mils invited a delegation from the Olympic governing body to the country last year.
Sadly, the IOC’s action has been nothing like the fair play it espouses.
They have clearly taken sides in the impasse choosing to send official communication to the government through the Old GOC administration. Why do I say so? Well, right from the beginning—Congress was on June 30, 2009—in less than two weeks, IOC was already writing letters that based their decision on supposedly clear evidence of egregious interference.
Surely, by then they hadn’t even taken the chance to speak to the “other side” to verify whether what had been reported to them was true or not? So, how did they come to such definitive conclusions about what had happened in Ghana? Since then, the same pattern has continued.
To a question posed by the new GOC (to the IOC) when they met in November 2009 during the IOC’s visit, asking whether they (IOC) would still have come to Ghana if President Baba had won the election and been retained as president (even though the associations were still appointed), they gave themselves away by unwittingly saying “No”, they would not have come.
Now, that raises the question about whether they really did come because of governmental appointments to associations as they themselves said, or whether they came simply to retain B.T. Baba in his position? Remember, that the IOC executives probably consider themselves more likely to get B.T. Baba’s vote when they themselves are up for election, than they are likely to get the vote of someone else they are not familiar with.
It is also noteworthy to point out that similar disputes in the past have been resolved on the continent by International bodies in much more amicable ways.
One that comes to mind is the situation that prevailed at the Ghana Athletics Association last year.
After a dispute arose as to who constituted the leadership of the GAA following the appointment of new officers by the government, the International Association of Athletics Federations maintained a neutral role, refusing to recognize neither the new executives nor the old ones.
They took the principled position that they would only recognise the Secretary General of the organisation and sent all official communications through him until an IAAF backed Congress elected a new leadership for the GAA.
CURRENT STATE OF AFFAIRS
It must have come as a shock to the IOC when most of the National Sports Associations successfully went to congress and elected leaderships that are recognised by their respective International Federations.
The old executive and their agents made it sound as though these elections were concocted. But, it is the case that not all the old appointed executives won their elections. It is also the case that even people loyal to the old GOC President were able to win elections to become President, with no interference from any corners. A clear example of this is Sahnoon, who won the Presidency of the Cycling Association.
As President Baba’s lawyer, and the man who has represented the old GOC in legal matters, one would have thought that a government contrived election would have precluded him from winning. But, he won and has represented Ghana unfettered as President of Cycling.
Incidentally, it is this same gentleman that B.T. Baba appointed as Chef de Mission for the Commonwealth Games in Delhi.
SO WHAT DO WE THINK OF WHERE WE ARE NOW?
The current IOC directive to the Ministry of Youth and Sports to review the nation’s sports bill, the SMC Decree 54, before the end of the year or risk sanctions is very mischievous.
Firstly, under the legislative instrument for the SMC Decree 54, there are provisions that allow for democratic elections.
Quote…….The LI talks about the appointment of officers to Amateur Associations. (and doesn’t preclude elections).
PART II-PROFESSIONAL SPORTS ASSOCIATIONS
Regulation 9-Establishment of Professional Sports Associations.
(1) The National Council may cause to be established national professional sports
associations as the National Council may determine.
(2) A national professional sport association shall comprise such number of persons,
appointed to the association in such manner and shall have such functions, as the
National Council may, with the prior approval of the Commissioner, determine.
This was apparently why, despite the law, GFA was able to proceed to Congress in 2005.
The reality though is that apart from the Ghana Amateur Boxing Association, all the other sports Associations allow professional participants to play, and are therefore no longer amateur sports. In the 1980s, the IAAF (then International Amateur Athletics Federation) embraced professionalism and, although retaining the same acronym, became the International Association of Athletic Federations. They dropped the word “Amateur”.
In consonance, the Ghana Amateur Athletics Association (then GAAA), also droped one “A” (for Amateur) to become GAA, now Ghana Athletics Association.
Some of our volleyball and basketball national team players, and perhaps handball too, have played professionally in other countries, but then come back to represent Ghana.
The Ghana Football Association was able to exploit this LI to hold its first democratically elected congress in 2005, not only because the LI does not preclude elections, but also because they argued that many of the football players are professional. Just like for football, in all the other sports except amateur boxing, sportsmen and women can be professional and still come back and play for Ghana or under the auspices of the association.
So now, the Ghana Athletics Association, Ghana Table Tennis Association, Ghana Cricket Association among many others have similarly been to congress to elect their officials. And their respective international federations have ratified their elections.
So where lies in the argument by the IOC that national laws should conform to its Charter? If Ghana has complied by electing the association elections, why is the IOC now making the passage of the Sports Bill a precondition? Where in the regulation of the Olympic Charter is the specific provision that empowers them to demand a law be passed first? And looking back at the November 2009 roadmap, they (IOC) had not made it a precondition. So, are they simply muddying the waters now that their preconditions have been met by the elections and the subsequent ratification by international federations, simply because they want to retain President Baba by all means, or by any means necessary? We have done what they asked us to, now they must do what they promised to and lead B.T. Baba to the table of a new Congress. We are so fortunate that the new GOC has not also insisted on their rights; they could have argued that there need not be a new congress because they were legitimately elected by the laws of Ghana and by the GOC constitution. But, they have accepted to go to Congress. Why must B.T. Baba now hold Ghana sports back by refusing to go to Congress. And should we allow the IOC to help him do that?
Even if the new Sports Law is passed today, it would not annul all the elections that have been held because the Constitution does not allow Laws to operate retrospectively. Besides, the new executives, ratified by their international federations, have received a mandate for a certain number of years, and passing the sports bill cannot undo that. So, those people hoping that once the sports law is passed, they can argue that it is only then becoming legitimate to hold the association elections (because they want to erase the association congresses that have been held) cannot prevail. This is about sports, so they should do the sporting thing and concede this very costly strife that Ghana is suffering and simply go to Congress now. Ghana cannot continue to limp around in sports, and they are doing Ghana a big disservice in their selfish interests.
The ramifications are quite clear if Congress is called then.
But the fact still remains that Ghana has to amend its sports Law. That issue is primarily a national issue and the IOC must be fair.
Is the IOC saying its entire member Associations have modern sports Laws? The answer is quite obvious because many African nations are yet to upgrade their national laws to reflect current realities. Why is Ghana being made a scape goat then?
Having followed this story closely for the past sixteen months, I’m still intrigued to find out the answer to that question. Veteran journalist Kwabena Yeboah had the perfect answer in his article: Baba must prove his critics wrong which was published on Monday, August 23rd.
“You don’t need to overstretch your imagination to appreciate the I.O.C.’s bias. Determined to protect their overbearing influence in the world of sports, the I.O.C. jealously protects their “own” and fiercely rejects any governmental involvement, one they prefer to call “interference”.”

CONCLUSION
The current situation can be likened to an A-Level certificate holder who was asked by a University to acquire an SSCE Certificate before gaining admission.
However, when he sat for the WASSCE exam and acquired the Certificate, the University then told him that it was necessary for him to have gone back to SS1 and attended for the number of requisite years first. . The goalposts are shifting and the IOC only has one person’s interests at heart.
But you might want to ask who asked Ghana to assume the role of a student?
Such is life. If you fail to sort out your own affairs and allow an external force to dictate to you, then you are bound by their rules. Oh Ghana, why must we suffer so?
One thing is for sure, Ghana is not ready to pass the New Sports Bill into Law before the end of the year.
The Ministry of Youth and Sports is yet to make attempts to get the bill into Parliament under a certificate of urgency.
In retrospect, the Sports authorities should have re-drawn from the IOC, the minute the IOC asked for those recommendations.
The Clock is ticking…tick tock tick tock.

Saturday, January 8, 2011

Ghana Football Association’s House of Cards: Dealing with Corruption

The President of Fifa Sepp Blatter says he wants to set up an anti-corruption committee to police the world football governing body.

Mr. Blatter would have us believe that he wants to lead us into "a new age of transparency" at Fifa following the recent furor over the bidding process for the 2018 and 2022 world cups, respectively.

The Fifa boss was speaking to a Swiss newspaper SonntagsZeitung as he continues his campaign to defend the football governing body after receiving a strong public back lash.

The pessimist will still consider the move as another attempt to throw dust into the eyes of the world, and would wait for further clarifications on the powers and objectives of the new anti corruption body.

The fact remains though that Fifa is looking at having an internal mechanism to investigate corruption within its own corridors after a major storm.

Given the perceptions of corruption that hound the Ghana Football Association, will they take a leaf from what the Fifa boss is proposing in order to eradicate such concerns?

The Ghana Situation

Ghana Football seems to be slowing recovering from the shock of the raid on its offices by the Economic and Organised Crimes Office (EOCO) late last year.

For neutrals, news about the visit of the President of the Ghana Football Association Kwesi Nyantakyi and his General Secretary Kofi Nsiah to the EOCO office last week came as a welcome relief.

The meeting confirmed earlier reports from the corridors of power that the two bodies had started engaging in healthy discussions after the infamous raid on the GFA’s headquarters on the 8th of December, 2010.

A New Year bonus! Yes, and this might just signify a thawing of relations between the two bodies, at least hopefully.

The people of Ghana and the world at large can only wait with baited breath to see what the final outcome of the investigation will be into alleged breaches of the nation’s tax and financial laws.

But wait a minute, let’s not count our chicks before they hatch, because it will be better to look at the bigger issue of corruption in Ghana Football and see whether the FA’s internal mechanism for checking the canker is actually working.

Ketu Stars Petition to GFA

The Owner of Ketu Stars Abdul Kadiri Aleru on 25th November, 2010 petitioned the Ghana Football Association to investigate the alleged “rot in the running of the game in our great Volta Region by the Regional Football Association (VRFA).”

The Petitioner is asking for the accounts of the Regional Football Association to be audited since according to him the RFA has never presented audited accounts for the past nine years, in breach of the GFA’s statues.

According to Abdul Kadiri, an attempt by the RFA to pass a “bogus” account at the Associations last Congress on 4th November, 2010 was rejected by members of congress.
The petitioner, it seems, is alarmed at the lack of sports development in the region especially football.

When contacted, the chairman of the Volta Regional Football Association Francis Dogbatse admitted that his outfit has not been able to present audited accounts since 2001 due to the high cost of auditing.

Mr. Dogbatse, who got re-elected as RFA boss in 2005, claims that the last Congress accepted the accounts of the Association on condition that subsequent accounts will be audited.

“The past has been wronged but congress decided to let this one go and subsequently try to rectify it,” he said.

It is noteworthy that the under the GFA statutes, Article 49.5 says an RFA “ shall hold Annual Congress of representatives of its constituent members to receive and consider among other matters, reports of the Regional Executive Committee including audited financial statements.

The Volta Regional Football Association situation might not be an isolated case at all because there have been other reported cases like that in the recent past, for instance in the Eastern Region.

The petitioner Abdul Kadiri Aleru has copied his petition to the Economic and Organised Crimes Office as well as the Ministry of Youth and Sports.

GFA’S ANTI CORRUPTION AGENCIES

So are the FA’s internal anti corruption processes full- proof?
There is no direct answer to the question posed above.

Firstly, under Article 38 of the FA statues the FA’s judicial organs comprise the Disciplinary Committee and the Appeals Committee.

Article 42 gives the Dispute Resolution Committee the power to resolve internal disputes while the International Court of Arbitration for Sports is recognised as an independent judicial authority whose decision the FA respects.

Members of the football family however have the right to call for an emergency congress where necessary to discuss issues such as corruption when the need arises.

The FA’s accounts are similarly audited at the end of each accounting year to allow for proper scrutiny of how monies are spent at the local football governing body.
It would seem that the FA judicial machinery is well- positioned to deal with most of the issues at hand.

Weaknesses

But, all is not well at the GFA despite the existence of the above structures.
The management letter on the accounts of the FA between for the period 2007-2009 did recognise that there are weak financial controls at the FA.

For instance, it had to take the direct intervention of the auditor for unaccounted imprest to be returned to chest despite earlier memos to that effect by the accounts department of the FA.

It is possible that an anti- corruption unit can notice these flaws and apply the right measures to rectify them before the accounting period ends.

Division league clubs nearly boycotted the league over the slow pace of the disciplinary committee in coming out with a verdict on the bribery case involving center referee Musa Yahaya who was caught in the act with GH 2,000 in his socks during a game last season.

The clubs smelt a rat as to the reason why the case is yet to have been heard.
Again there could be a special role for an anti to check bribery in the domestic league.

Several allegations about alleged corruption in the local premier league by club administrators in the past have not investigated because of the difficulty involved in getting hard evidence to substantiate the claims.

There is no telling when such allegations will seize but they go a long way in informing the perception about corruption in football.

To sum up, having an anti- corruption unit itself might not necessarily solve all the problems bedeviling our football, but the role such a body would play is very crucial.

Is Kwesi Nyantakyi going to call for the formation of an anti corruption Unit? I’m not so sure about that, but it surely would send a great message to the football fraternity if they were to do so.


Freelance Journalist Erasmus Kwaw.

ghanabusinessnews.com

http://www.ghanabusinessnews.com/2011/01/09/dealing-with-corruption-in-ghana-football-an-urgent-need/



ghanaweb.com:

http://www.ghanaweb.com/GhanaHomePage/SportsArchive/artikel.php?ID=201021&comment=0#com