…AND THE CONFEDERATION OF AFRICAN FOOTBALL BANNED GHANA; AN EXPOSITION OF THE LAW GOVERNING ATHLETE, OFFICIAL AND FAN SAFETY

by Nana Kwaku Boadu-Boadu Esq.

Travel merchants tell us that Ghana has a global goodwill in the game of football. They easily make friends from using names like Michael Essien and Asamoah Gyan as the push-start button. These names find their niche in the immediate history of the game. Recent stories bring the country less honour. The most recent being Confederation of African Football’s (CAF) suspension of the nation’s license to use any of the territorial stadium facilities for CAF connected competitions.

The African game has three main managerial stakeholders. These are the Confederation of African Football (CAF), the Football Associations (FAs) and political leadership of participating countries. These entities play diverse roles to fulfil the insatiable expectations of the African supporter. Football has become staple in many African home. Nothing but optimal satisfaction will receive affirmation from these homes. Surprisingly, the heterogeneity of this continent has not affected these expectations. Football is a common language understood in all African nook and crannies.

The Ghanaian decline is worrying to all lovers of the game. The once giant of the game is gasping for breath to gather its loins for the game. Let us engage in a blame game by questioning the current institutional arrangements. Can we even apportion blame? If so, amongst the three actors, who shares the greatest blame? Metaphorically, Is ‘Jerusalem’ forthcoming?

Structurally, football competitions belong to international governing bodies like CAF and FIFA but football itself belongs to the people. The bodies organize and determine all applicable rules and regulations. These rules govern on-field performance to off-field preparatory activities like ticketing, hospitality services and so on.

The first major stakeholders, the domestic Football Associations (in Ghana, the Ghana Football Association), are de jure the alter ego of the international governing bodies. Factually, however, in the African scene, they play a dual mediatory role for both the international governing bodies and the political government of African countries. As a representative of the international governing bodies, they implement rules and policies of the bodies to ensure that their countries are rules compliant. They also ensure that the international bodies discharge their activities in line with territorial laws of their host countries. In return, they receive funding and logistical support form the international governing bodies. For instance, in the wake of the Ghanaian suspension, there are news confirming that FIFA sent the Ghana Football Association funding support of about $250000 towards borehole projects under the FIFA Forward 1.0 project. Mention can also be made of an amount of $1.8 million paid from FIFA and CAF under the FIFPRO Africa project following the Covid-19 crisis.

The Football Associations also share a subtle mutuality with the political leadership of their countries. Football is so ingrained that it falls on the score card during elections in Africa. Politicians propose policies detailing the success of the sports in their campaign messages. African governments invest heavily in the sports. For the Football Association, the support is cushiony. The Associations are expected to generate additional funds to support the game. The economic and business climates in most African countries make it difficult to obtain the additional support from private entities. Also, despite its popularity, the African football game generates less than expected from ticket sales and television revenue. Quite reasonably, profit-focused businesses will abstain from investing into the game until the African game attains the status of the European counterpart. The African governments give support to the sustenance of the game. The government needs a successful football system for political reasons. Of course, the political opposition, will competitively wish football fails to win the electorates. This accounts for the wanton domestic political influences in African Football.

It is worth noting that support from domestic governments do not change the legal status of the Associations. The Associations are not national treasures. The Football Clubs may be but not the Association. The State has limited powers to influence the activities of the Football Associations. In 2014, A Nigerian High Court in the decision of Yahaya Adama v Alhaji Aminu Maigari affirmed the election of Christopher Giwa as the head of the Nigerian Football Association. In return, FIFA declared non-recognition for the election. The central government gave support for the court’s decision through the Sports Minister Solomon Dalung. FIFA did not kowtow but rather threatened to pronounce a ban on Nigeria. Eventually, the events culminated into a FIFA ban when the Nigerian government dissolved all executive committee members of the Nigerian Football Association and replaced the entity with a sole administrator.

Pictorially, international organizations, like CAF, govern football with the help of ‘their’ Football Associations. State governments only play a supportive role to see their populace entertained.

These systems are established for the ‘person’ in football. Football breeds competition and entertainment for athletes, fans and match officials. These three entities are the ‘person’. Competition per se may lead to inhumane practices. Hence, the introduction of human rights to regulate the thin line between sportsmanship and anti-fair play attitudes.

Historically, the game operated on a zero-sum game. Regulators tolerated unsportsmanlike demeanours like deliberate sogging of pitches to stunter the game of opponents or even the usage of fatal threats to command dominance. Football historians confirm that Real Madrid’s 11 goals to 1 victory over Barcelona in the Copa del Generalísimo match of June 1943 was due to military threats, abusive support and biased officiating.

The modern game wards off abusive interferences. In 2020, during the EURO 2020 competition semi-final game between England and Denmark, English fans used laser pointers to distract Danish players. The English Football Association was vicariously fined. In 2007, the Ghanaian Football Association handed a one-year ban to four league clubs on allegations of match fixing. This was in reaction to a 31-0 scoreline between Nania FC and Okwawu United and a 28-0 scoreline for Great Mariners against Mighty Jets. In 2022, CAF banned the Ghanaian Under 17 Women’s soccer team, the Black Maidens, for age cheating. The football game has evolved. There is zero tolerance for unfair practices which will jeopardize the safety of fans, officials and athletes.

The move towards rights-based sportsmanship is in tune with the law. Legally, organizers of sports events owe a duty of care towards all foreseeable persons who can suffer injury. Indeed, in the English Cricket case of Bolton v Stone, the court even demonstrated preparedness to extend this duty to persons outside the stadium if the risk is material. For the law to show this level of preparedness, it is reasonable to conclude that the court will not jeopardize the safety of athletes, officials and supporters within the boundaries of stadiums. In this light, there are a lot of rules and regulations designed to meet safety standards and preserve competition football.? As a governing body, CAF has regulations to govern stadium quality and facilities for its competitions.

In 2019, CAF published safety and security regulations for the African game. Being the first of its kind under the governance of Ahmad Ahmad, the regulations prescribed basic minimum safety requirements. The regulations operate on a working relationship between CAF safety and security officers and the national police authorities of participating countries. The regulations specifically contain rules for assessing stadium safety and security. In Article 12 of the Safety and Security Regulations, CAF is empowered to inspect and issue safety certificates for stadiums. Without the certificate, a stadium cannot be used for a CAF tournament. Without limiting the scope of the rules, the inspection cover fire, electrical and structural conditions woven to prevent danger to the athlete, official or supporter. ?

In 2022, CAF took a more direct approach of prescribing regulations for stadium facilities. Whereas the 2019 safety and security regulations broadly addressed health concerns, the 2022 regulations focused squarely on procedural and substantive conditions for stadium facilities. The regulations cover the precincts of the stadium including the quality of the playing field.

The procedural requirements encompass two types of inspections. These are the pre-inspection and the CAF inspection. Participating member associations conduct the pre-inspection. This is made before CAF competitions to assess whether stadiums are congenial enough for the football match. The report is forwarded to CAF. This may trigger CAF stadium inspection. CAF also has the power to conduct the inspection suo moto. The CAF inspection is compulsory for new or renovated stadiums. If satisfied, CAF will issue approval for the usage of the stadium.

If dissatisfied, the regulation provides three options . CAF may grant a temporary approval for a defined period. The approval will spell out conditions for improvement. CAF may also grant a one-match approval if circumstances are pressing. Lastly, CAF may ban the usage of the stadium until conditions improve. In 2022, CAF gave a one-match approval for Ghana’s Baba Yara Stadium ?to be used in the world cup play-off tie against Nigeria. That one-match approval was conditional on the improvement of the floodlight intensity, dressing room facilities and others. At the same time, CAF banned the usage of the Cape Coast stadium which had a damaged pitch from the Ghanaian Independence Day celebration. In September 2024,? CAF totally banned the Baba Yara stadium citing grounds of poor playing field and stadium facilities. This repetitive breach only means that the 2022 warning did not generate much attention from the Football Association. The question for analysis is, what is the criteria for determining breach? Additionally, what is the criteria for determining the appropriate sanction?

The CAF regulations use a proportionality approach towards the determination of a minimum structural criteria. Games are ranked in the order of importance and based on this, the bar may be lower or otherwise. There are four categories for the ranking. Category 1 has the lowest expected standard and from that, the bar rises upwards to Category 4 games. To wit, if a stadium meets category 4 requirements, that stadium can host matches from category 1 to 4. The inverse is not the case.

Each category reflects the relative importance of the games and patronage. For instance, in Category 1, we have the women’s youth FIFA competition and the Women’s Champions League. These are very important games, but Category 2 games command more attention. Category two has games involving the qualifiers for both the Women’s Africa Cup of Nations and the Men’s under 17, 20 and 23 African Cup of Nations. Category 2 is also home for the Men’s under 17, 20 and 23 competitions and the preliminary round of both the Men’s Champions League and the Men’s confederation cup.

Category 3 games carry heavier weight of importance. We have games involving the qualifiers for Men African Cup of Nations, World Cup and the Men’s African Nations Championship. Category 3 also accommodates the final stage of the Women’s Champions League, and the Group stage and quarter finals of both the Men’s Champions League and the Confederation Cup.

Finally, in Category 4, we have the CAF Super Cup, the Men’s Africa Cup of Nations and African Nations Championship. Category 4 also has the Semi Finals and Finals for the Men’s Champions League and the Men’s Confederation Cup and any other top tier competition.

For these 4 categories, CAF requires performance in 8 key areas. The 8 key areas are pitch and surrounding areas, team and CAF officials areas, media related areas, spectator-related areas, VIP and VVIP areas, media related areas, television and broadcasting areas and training facilities. These 8 areas constitute the key stadium areas for excellence in the modern CAF football game. ?

Under the 8 areas, some requirements are so basic and common to all 4 categories. A key example is the provision of a smooth and level field of play, made from natural grass, hybrid or artificial turf. Additionally, there must be provision of dressing rooms, equipped with shower, sink and washroom facilities, for match officials and teams. Also, there must be provision of first aid and treatment rooms which are well equipped with basic health amenities like a cardiac monitor, reflex hammer, thermometer, a treatment table and so on. There must be hygienic sanitary facilities for all spectators. ?These are but a few of the common requirements for all categories. If a stadium fails to meet any of the common basic requirements, it cannot host any CAF competition.

In addition to the common requirements, there are other specific requirements known to each category. For instance, with respect to the field of play, there is an additional requirement for a flood prevention drainage system facility for category 3 and 4 games. In Category 3 and 4 games, CAF expects an entrance for players and match officials made from fireproof telescopic materials to protect players and officials from crowd missiles. Again, for category 3 and 4 games, there should be an instantaneous power generator which provides equivalent light intensity. The regulations provide other category specific requirements.

For the ban on Ghana’s Baba Yara Stadium, CAF cited regulatory infractions including deteriorated playing surface, poor drainage systems and inadequate grass cover amongst others. The law above-written leads to one conclusion, vide licet, Ghana has failed to meet one of the common requirements for all categories. This means that the stadium cannot even host a category 1 game. Ghana is not the only country in breach. Currently, there is an additional list comprising Eritrea, Djibouti, Chad, Madagascar, Sao Tamo and others. Africa, as a footballing entity, requires further work. What are the available options available to Ghana and these other countries?

There are three options in this situation. The first is to lodge an appeal to the CAF appellate panels. This appeal must establish complete abuse of discretion leading to a substantial miscarriage of justice. In the Ghanaian case, the issue is nearly res ipsa loquitor. After the African Cup qualifiers match against Angola played on the 5th September 2024 , there was serious media backlash centred on the conditions of the playing surface. This breach was even affirmed by both Ghanaian and Angolan coaches in their press conferences. This first option will not help Ghana.

The second option is to accept the verdict and permanently move Ghana’s home games to another country. On the 9th September 2024, Niger played their home game against Ghana in Morocco due to a similar stadium ban. Admittedly, this approach comes at a great cost of losing the footballing atmosphere and funding. The Moroccan stadium had no crowd presence. The stadium was nearly empty.

The last option is to accept the verdict, move Ghana’s home games to another country and in addition, improve the stadium facilities for a favourable future CAF decision. In 2021, Congo received a similar stadium ban. In August 2024, this ban was lifted after the country conducted massive renovation to the Alphonse Massamba- Debat Stadium in Brazzaville. This choice may also tame the footballing atmosphere and lead to dissipation of funds. It requires speed and direction to save the situation for football lovers.

The backlash against the Ghana Football Association, National Sports Authority and the central government comes as no surprise. Not all Ghanaians love football, but no Ghanaian hates the sport. This is the just another opportunity to rebuild for the lessons are written in bold, Times New Roman and font size 14.