Aduana Stars have filed a protest to be declared winners of their Week 17 Premier League defeat to Hearts of Oak – using the wrongful dismissal of coach David Duncan as their basis for their disciplinary action.

The Fireside was downed 1-0 by the Phobians on their home ground in Dormaa on February 15.

Aduana, however, say they should be awarded maximum points despite the defeat to Hearts due to their failure to honour the fine slapped on them for the wrongful dismissal of coach David Duncan.

“According to the rules as we know it, Hearts must be made to forfeit the game due to their failure to honour the fine of David Duncan,” Aduana chief executive Albert Commey told GHANAsoccernet.com.

“They [Hearts] were given 14 days to pay the fine to Duncan, and per our checks, this has not been done as that period has elapsed.

“And because our checks also reveal that there has been no granted stay of execution over that ruling pending an appeal, Hearts for their failure to honour the fine must be made to forfeit the match.

“We have filed the protest as we want to test the laws.”

David Duncan secured a landmark ruling for his wrongful dismissal by Hearts of Oak from the Status Committee in January.

Hearts were consequently ordered to pay GH86,500 [almost $35,000] to Duncan.

The club has since appealed against the ruling, but the issue in contest now is whether they have been indeed granted a stay of execution – on which basis they have failed to pay the fine.

If successful in their protest, Aduana will be awarded all three points in the game that Phobians won – meaning their first victory in the second round of the Ghanaian top flight will be nullified.

It will be a fresh setback for the Phobians who are in desperate need of a good run of results to ease pressure from the fans.