CAS gives GFA 48-hour ultimatum to respond to Palmer’s appeal
The Court of Arbitration for Sport (CAS) has given the Ghana Football Association (GFA) up to Monday, October 21, 2019 at 10 a.m. Swiss time (8 a.m. GMT) to file a response to Mr Wilfred Kwaku Osei against his disqualification from the October 25 presidential election.
A 24-page statement signed by Carolin Fischer, Counsel to the CAS, dated October 17, 2019 granted the Respondent the deadline to file its position on the Appellant’s request in accordance with Article R37 of the Code of Sports-related Arbitration (the “Code”).
It further stated that “the Respondent is invited to inform the CAS Court Office within two (2) days from receipt of the letter by courier whether it agrees with the Appellant’s request. In case of objection or in the absence of an answer from the Respondent within the prescribed deadline, no expedited procedure shall be implemented and the deadlines set forth below shall apply”.
“In case of agreement, on behalf of the President of the CAS Appeals Arbitration Division, an expedited calendar, replacing the deadlines set forth below, shall be suggested to the parties,” it added.
“I acknowledge receipt of the Statement of Appeal filed by courier on October 14, 2019 (filed by email on October 11, 2019) with the Court of Arbitration for Sport (the “CAS”) by Mr Wilfred Kwaku Osei (the “Appellant”) against the Ghana Football Association (the “Respondent”) with respect to the decision rendered by the Election Committee of the Respondent on October 4, 2019, respectively October 8, 2019.
“Although the Appellant entitled its written submission “Request for Arbitration” and refers to the rules applicable to CAS Ordinary Appeals proceedings, in light of the Appellant’s prayers for relief, present arbitration has been assigned to the Appeals Arbitration Division of the CAS, and shall, therefore, be dealt with according to Articles R47 et seq. of the Code of Sports-related Arbitration (the “Code”) (2019 edition), pursuant to Article S20 of the Code,” the statement said.
According to the statement, documents which were attached to Palmer’s Statement of Appeal included Request for Arbitration, Appellant’s letter of October 11, 2019, Appellant’s email of October 11, 2019, Appellant’s email of October 14, 2019, Appellant’s email of October 14, 2019 to Mr Alexander Asante (Respondent) including exhibit, and Appellant’s email of October 16, 2019, together with Request for Provisional Measures.
The statement noted that the Appellant had also requested FIFA to join the proceedings, leading to the CAS Court Office letter to FIFA dated October 17, 2019, as a party to the arbitration.
“The Respondent is granted a deadline of ten (10) days from receipt of this letter by courier to state whether it agrees with the Appellant’s request. In the absence of any answer from the Respondent within the prescribed deadline or in case of objection, it will be for the President of the CAS Appeals Arbitration Division, or her Deputy, to decide on the number of arbitrators, pursuant to Article R50 of the proceedings.”
Mr Thaddeus Sory, solicitor for Mr Osei, last Monday gave the GFA a 24-hour ultimatum to respond to a request for arbitration but did not receive any reply, prompting him to write to CAS to expedite action on the case.