There is no simple or direct answer to the question above, as only a careful appraisal of the nation’s Sports Law, SMCD 54 (and LI 1088, which is still the operative one), can help arrive at an answer.
At the time of the maiden GFA Congress, the SMCD 54, which was only recently amended, gave the Minister of Youth and Sports the power to dissolve and appoint any member of the various sports associations including the Ghana Football Association.
In this regard, it’s very interesting how the FA was able to democratically elect its own leaders at that time. Does that mean the maiden GFA Congress that brought Kwesi Nyantakyi’s administration into office should be considered illegal?
Today, although SMCD 54 has been amended, the accompanying LI (1088) still governs sports administration in the country. Should the GFA Congress then have to wait for that LI to be amended before it can be legitimized? After all, is that not the argument that some ‘leading’ sports figures are using to try to undermine the elections of the other sporting associations?
It is interesting how those trying to nullify the Congresses of the various associations, like athletics and professional boxing, are not questioning the legality of the football elections.
HISTORICAL VIEW OF GFA CONGRESS
Historically, the government of the day had the privilege of nominating two candidates for the GFA chairmanship which was subsequently voted on by congress.
But the GFA amended its statutes in 2005, resulting in its first ever congress which elected Kwesi Nyantakyi into office.
There were several discussions between the world football governing body Fifa, the GFA and the government before this change became possible.
But it appears the GFA exploited some provisions under the legislative instrument for the SMC Decree 54 that allow for democratic elections.
Regulation 9 of the SMDC 54, LI 1088 gives room for democratic elections for Professional Associations unlike the case of Amateur Associations where the Minister is mandated to appoint officers.
“(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.”
Clearly, one can consider the Football Congress of 2005 (and the imminent 2011 one) legitimate. Similarly, Congresses held by all the other sports should be considered legitimate, as they ceased to be amateur sports many years ago.
Surely, if there was a Ghanaian cricket player who was playing in the IPL in India, Ghana could use him in an international match against Nigeria, because Cricket is now a professional sport.
The same is true for table tennis. Likewise, for more than a decade and a half, many of our track and field athletes have earned money on the international circuit, making athletics also a professional sport.
GOC PRESDIENT B.T. BABA’S VIEW OF THINGS:
This interesting issue is worth discussing due to recent developments at the Ghana Olympic Committee which has greatly hampered sports development in the country, and in light of the now-suspended GOC’s attempt to legitimize themselves by appropriating the right to oversee the various sports Congresses.
The President of the now suspended Ghana Olympic Committee, Mr. B.T. Baba and his compatriots believe that any congress that is not done under their supervision seizes to be legitimate.
Indeed, in a letter Mr. Baba wrote to Parliament on February 14th 2011, he stated among other things that the Association elections that took place after the directive from the International Olympic Committee were illegal since the GOC executive did not directly supervise the various elections.
This is despite the IOC’s insistence that the power to declare the legality of such an election rests solely with the International Federation concerned. In the case of football, world governing body Fifa has the final say on such a matter.
So what will happen if Mr. Baba’s fiat to supervise elections is ignored by the Ghana Football Association? And what will happen if the FA refuses to give Mr. Baba the “High Table” during its upcoming Congress?
Does that mean, the GFA elections will be null and void? Of course not! Indeed, the GFA will rather open itself up to questions if it makes Mr. Baba, rather than FIFA, the arbiter of whether it is legitimate or not, because FIFA, not GOC, is the authority on the legitimacy of the GFA.
It is instructive to note that today’s self-proclaimed pseudo champions of democratic dispensation in sports, stood by quietly as the Ghana Football Association held its first democratic congress in 2005. Indeed, B.T. Baba was legitimately the President of GOC at that time.
Yet, he raised no questions about the legality of the GFA elections; today, too, he doesn’t seem to be raising any about the legitimacy of the imminent Congress.
Does that mean he and his team are not interested in football? If they had any reservations, well they never brought it to the notice of the public. The silence of the Ghana Olympic Committee led by B.T. Baba has been rather loud over this thorny issue as the FA’s congress date fast approaches
Or, do the proponents of the “delegitimize the non-football Congresses” have other selfish motives?
Perhaps, this has something to do with trying to exclude some people from those who are eligible to attend the GOC Congress? Let’s be honest and call a space, a spade: if hockey’s congress was illegal, then so is football’s.
The truth is that they were all legitimate, and permitted by our law, because over the last two decades our sports have all evolved to professionalism.
Let’s get on with the football congress! Or, will B.T. Baba say the GFA Congress has to wait for the sports law to be fixed first? Only time will tell; meanwhile, they are running out of days!
Erasmus Kwaw
E TV Sports Presenter
More here:
The Lighter Side of Ghana Sports: How are the FA and GOC Saga Linked?