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FUFA elections face latest legal hurdle

By Michael Odeng

Added 3rd August 2017 08:14 AM

The latest application by Mujib Kasule seeks to temporarily block FUFA from conducting the elections scheduled for Saturday

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The latest application by Mujib Kasule seeks to temporarily block FUFA from conducting the elections scheduled for Saturday

Proline chairman Mujib Kasule seeks to halt this weekend's FUFA elections. Photo by Mpalanyi Ssentongo

The Civil Division of the High Court will decide the fate of the Federation of Uganda Football Association (FUFA) elections slated for Saturday in Masindi.

On Wednesday, Mujib Kasule, the chairman of Proline Football Club dragged FUFA, its president Moses Magogo and Electoral Commission (EC) members to the Civil division of the High Court, challenging the federation’s elections.

Kasule sued FUFA, Magogo jointly with FUFA EC chairman Sam Bakiika, Vice chairman Yusuf Awuye, Habib Aluma, James Okodi, John Gena Adupa, Michael Igole, Julius Semanda, Kintu Geofrey and Stanley Kinene.

However, Justice Margret Oguli-Oumo, the Deputy head of the Civil Division will hear the case today in which Kasule seeks permission to have his interim order certified as urgent.

If the Judge grants it, then the application of interim order Kasule filed against Magogo and others will be heard before the election is conducted.

The application seeks to temporarily block FUFA from conducting the said elections.

Through M/S Nsubuga K. S and Company Advocates, Kasule contests that he expressed interest in standing for the position of FUFA president but his nomination was unfairly and unlawfully nullified by FUFA registered trustee’s EC, hence declaring Magogo as unopposed.

Kasule contends that the appointment of Magogo and a number of members of the EC, was in breach of FUFA statutes and principles of impartiality and natural justice, as Magogo together with a host of other EC members are part of FUFA’s governance structures, headed by Bakiika.

“As a result of the biased and compromised nature of FUFA EC, headed by Magogo, the all electoral process right from the grass root elections had been marred with gross electoral malpractices, influence peddling by Bakiika, non-compliance with the relevant statutes and outright impunity in the execution of their mandate,” he claims.

According to Kasule, FUFA is registered as a trustee under the laws of Uganda and as such is subject to observe and respect the principles of fairness, integrity and rules of law of natural justice in the execution of its functions and mandate.

He observed that Bakiika, who was elected as FUFA EC chairman is at the same time a member of FUFA finance committee in charge of monitoring the financial management while Vice Chairman Awuye is at the same time a member of FUFA licensing committee, adding that both also advice Magogo’s executive.

This all, according to Kasule, is in breach of FUFA and FIFA regulations on the independence and neutrality of the EC.

Court documents indicate that in compliance with FUFA and FIFA statutes, the practice over time has been that members of EC are appointed from outside the organs of FUFA to ensure the independence and integrity of the commission as required by law.

Kasule explains that in breach of the FUFA statutes, a number of FUFA secretariat staff presided over the grassroots elections for delegates to the FUFA General Assembly, which influenced the electoral process.

“The EC is under the influence of Magogo that is why it interfered with the members of the electoral process and caused them to shift voting venue from their respective addresses and geographic locations to FUFA House, located in the city suburbs of Mengo,” he avers.

Kasule says contrary to the principles of separation of powers as enshrined in the FUFA and FIFA statutes, FUFA’s EC unlawfully nominated and passed as unopposed members of FUFA secretariat and stood in elective positions in the legislative and policy organs when they are still serving technical officers.

Kasule’s claims

He claims that FUFA registered trustees’ EC caused and supervised the nomination of a person, as Vice President representing the 16 Super Division Clubs when such person did not possess the minimum qualification as provided for under the statutes and electoral code.

Kasule further claims that the nomination process was characterized by unethical and integrity issues of bribery and corruption.

On eve nominations on June 15, he said, Magogo summoned 88 delegates of the FUFA general assembly to Jevine Hotel in the city suburbs of Rubaga and as such denied him access to the voters.

He further seeks a declaration that FUFA trustees electoral guidelines outed by its EC and Magogo executive committee are null and void for being inconsistent with the FUFA Statutes.

He wants court to issue a permanent injunction against FUFA Presidential and Executive Committee elections until the EC is disbanded and the defendants fully comply with their own statutes.

Kasule also wants court to award him general damages and cost of the suit.

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