Cromwell Gray: 4 June 2018 The Secretariat of the Investigatory Chamber The Bthics Commit Fédération Internanonale de Football A: AIFA-Strasse 20 P.O. Box 8044 Zurick octation, Switzerland Complaint against Mr. Kwesi Nyantakyi Request for the Institution of Investigations in respect of Mr, Kwesi Nyantakyi et SSH Please sce attached a complaint by our client, Anas Aremeyaw Anas (a Ghanaian investiganve journalist) to the [nvestigatory Chamber of the FIFA Ethics Committee against Mr. Kwesi Nyantakyi, a member of the FIFA Council, Mr, Anas would be willing to testify in person but anonymously (facial covering) should the Ethics Committee deem it necessary 06 so require him 1, Please addres nquiries fo us kissiagyebeng@cromwellgray.org and at +233246132952. correspondence and Please accept the compliments of our highest consideration. Faithfully, Ai Oph Kissi Agyebeng Managing PartnerList of Attachments i 5. Audio/visual recording of meeting with Mr. Kwesi Nyantakyi on 6 October 2017 at Jood Palace Hotel, Dubai. ‘Transcript of audio/visual recording of meeting with Mr. Kwesi Nyantakyi on 6 October 2017 at Jood Palace Horel, Dubai. Memorandum of Understanding berween Medgulf Investments Limited and Nama (sd Company Limited for the sponsorship of the Ghana Premier Leapue — hand drafied by Mr. Kwesi Nyantakyi on Confederation of African Football meeting attendance sheets on 6 October 2017 at Jood Palace Hotel, Dubai. Memorandum of Understanding. between Medgulf Investments Limited and Namax Ghana Limited for the sponsorship of the Ghana Premier League — type-printed and signed by Mr. Kwesi Nyantakyi as the representative of Namax Ghana Limited and wimessed by Mr. Abdulai Alhassan asa Director. Series of electronic mails exchanged berween Mr. Nyantakyi and my outfit (mainly the supposed Dr. Marzug A. Albadawir), Mr. Nyantakyi set up in clearer form the scheme for the sponsorship for the Ghana Premicr League and government contracts. Tacorporation Documents of Fountain Savings and Loans Limited. Incorporation Documents of Namax Ghana Limited. Incorporation Documents of Newdikin Limited. Invoice from Taj Hotel, Dubai for Mr. Nyantakyt.* Namax is wholly owned by Mr. Nyantakyi, and it was incorporated in. Ghana by him. on 17 October 2017, ten days after the mecting in Dubai, to facilirare the transaction. Scheme of Government Contracts 214 In respect of the offer to introduce my outfit to the Government of the Republic of Ghana, Mr. Nyantalyi demanded USD12m as “uppearance” fee to be distributed as follows: * President of the Republic of Ghana : USD5m * Vice President of the Republic of Ghana - USD3m * Minister for Roads & Highways - _ USD2m © Deputy Minister for Roads & Highways - USD1m * Kwesi Nyantakyi - USD1in 3.0 Violations / Breaches of the FIFA Code of Ethics 3. By bis conduct, as demiled in paragraph 2 above, Mr. Nyantakyi violared/breached the FIFA Code of Ethics as follows: Abuse of Position 3.2 Mr, Nyantakyi failed to act with complete integrity as required by article 13.3 and he abused his office for private aims and gains as prohibited by article 13.4, 3.3 ‘The various positions Mr. Nyantakyi holds in foothall (as detailed in paragraph 1.1 above) set him in a fidueiary position by being placed with the Gtmost trust and confidence to manage and act in the best innerest of the Ghana Football Association, the Ghana Premier League and the various clubs. Good conscience and the highest standard ef care were required of him to act for the sole benefit of these entitics. 3.4 However, Mr. Nyantakyi rather dcted to serve his own interests to gain and engineer gaining private pecuniary benefits to the detriment of these entities contrary to. article 15,Conflict of Interest 35 36 ‘The nature of the transaction as crafted by Mr. Nyantakyi clearly marks him as acting in a transaction with an existing conflict of interest in breach of article 19 — being the president of the Ghana Football Association, and re- engineering himself at the same time to act as a paid agent for Medgulf Company Limited in respect of that company’s dealings with the Ghana Football Association, and also aiming at charging the Ghana Football Association for the same services. Further, ly giving instructions for money intended for the Ghana Football Association to be wired to a financial institution of which he is the majority equity holdet. Mr. Nyantakyi clearly had a personal interest that detracted from his ability to perform his duties with integrity in an independent and purposeful manner, Demand/Receipt of Gifts and other benefits 37 3.8 39. 3.0 Mr. Nyantakyi breached article 20 by collecting a gift of USD65,000 and te- crafting himsclf a an agent acting for the othcr party in a transaction involving the Ghana Football Association and demanding and placing himself in a position to receive agency fees ftom both the Ghana Football Association and the other party. Mr. Nyantakyi breached, in particular, arncle 20,1 by receiving and demanding gifts and other benefits from persons outside FIFA that created an undue pecuniary advantage for him in respect of an act that is related to his official activities and falls within his discretion and also-creates a conflict of interest, Mr. Nyantakyt azo breached amicle 20.2 by receiving and offering to accept ‘cash in respect of a mansacdon involving the Ghana Football Assocation. Further, Mr; Nyantakyi breached article 204 by failing to refrain. from conduct that gives rise to the appearance or suspicion of improper conduct. ‘Demand for Commission 3.1 By artanging to receive fa ee ee cee Limited and a further the Ghana Football Nyantakyi breached article 2m te ha Foracommission for himself for degotiating a deal in the performance of his duty, without the sanction of the association. Bribery and Corruption 3.12 Mr, Nyantakyi breached article 21,1 by receiving cash; arranging to receive money; offenng money and percentage cuts to the supposed Dr. Marzuq A. Albadawir in respect of the sponsorship of the Ghana Premier League; and demanding money for himself and politcal authorines in Ghana to obtain or ‘retain government contracts, thereby gaining an improper advantayre. 3.13 In addition, Mr. Nyantakyi’s conduct was contrary to his duties and amounted to offering, demanding and receiving an undue pecuniary oF ‘other advantage for the execution of an act thar is related to his official activities, 3,14 Further, Mr. Nynntakyi breached aricle 21,3 by not refraining from an activity or behavior that might give mse to the appearance or suspicion of improper conduct. 4.0 Violations /Breaches of the FIFA Disciplinary Code 4.1 We also submit thar pur together; Mr Nyanmkyi’s conduct amounted to carruption under article 6 eed yoeee rewraptiem moder wvicts (2 ref the FOS Tikenerepainriters a. bE thie whereas deteded as MAS — N44 deere dime beck rte thor Porpepeaen yrchir setae At oof the FPS Citeciphemery Crake. 42 The hf Perec corres iawn eras 2 ov che HD) Dencpane at als me on the guage] ef Lh Sssenaieiy mdaserdes fe meewy, lasey peoeed aed scicpy jagasebed Pree eel tert adremnaice. - ie sateen uM teat o phasrabrmsnaenesteaeen27.1 mandate the Ethics Committee to pronounce on matters relating to the FIFA Disciplinary Code. Therefore, the Ethics Committee has jurisdiction to open investigations into the conduct of Mr. Nyantakyi, Jurisdiction Ratione Maeniae — Subject-Matter 52 The matters detailed in paragraphs 1 — 4 above pur the subject-matter of 53 54 this complaint/request squarely within the scope of applicability of the FIFA. Code of Ethics as provided by article 1, as being conduct within association football that bas little or no relation with action on the field of Play and damages the integrity and reputation of football; and alse as being uncthical behavior. In addition, the matters detailed in paragraphs 1 — 4 gbove put the subject- matter of this complaint/request squarely within the jurisdiction of the Ethics Committee by being violations/breaches of articles 13, 15, 19, 20, 21, and 22 of the FIFA Code of Ethics and articles 61 and 62 of the FIFA Disciplinacy Code. We also submit, by virtue of article 27.2 & 3 thar the Ethics Committee is entitled to judge the conduct of Mr. Nyanmkyi as a person bound by the FIBA Code of Ethics while performing his duties; und even while not performing his duties on the basis that his conduct is likely to seriously damage the integrity, image and reputation of FIFA, seen Game Tater ae 35 ‘The time frame (October — December 2017) of the occurrence of the matters that we have outlined to be investigated is well within the purview of article 3 of the FIFA Code of Ethics, which stipulates thar the Code is applicable to conduct whenever it occurred, P isi 5.6 By the combined effect of articles 28.1 aid 61 of the FIFA Code of Ethies, the Erhics Committee may institute investigation into the conduct of a Bee ty the Coste om dt ~ on ton initatre and ex fiat ina and independent van a filed bound by the FIFA Code of thieg Sesion) ie i5.8 6.0 61 The ey offiao mandate of the Ethics Committee to institute investigations into the conduct of a person bound by the FIFA Code of Ethics stands for the proposition that the Ethics Comminee is empowered to. initiate investigations on the basis of information obtained from any source, nmuch like the ex @fiio powers of the prosecutor of the International Criminal Court. This enables persons who are nor bound by the FIFA Code of Ethies to trigger investigations, Upon this reckoning, we invite the Ethics Committee (by virtue of article 4,3 of the FIFA Code of Ethics to draw on precedents and principles already estiblished by sports doctrine and jurisprudence, especially its own precedent established in investigations like the Amos Adamu case — which was based on an exposé by the Sunday Times) to instirute investigations into the conduct of Mr. Nyantikyt based on the information we have provided in this compliant/request and the artached evidence. Prayer It is upon the foregoing that we pray thar Mr, Nyuntalyt be banned for life from taking part in any football related activity in pursuance of article 6.h of the FIFA Code of Ethics. Tiger Eye PLL. P.O. Box CT 11251 Cantonments Accra, Ghana 4 June 2018