Express FC divided on court case

A court case that Express FC filed last Thursday against soccer governing body FUFA has split officials and fans of the club.Express, through Muwema and Mugerwa Advocates, filed a civil suit against FUFA seeking an order restraining the federation from or

By Swalley Kenyi

A court case that Express FC filed last Thursday against soccer governing body FUFA has split officials and fans of the club.Express, through Muwema and Mugerwa Advocates, filed a civil suit against FUFA seeking an order restraining the federation from organising football-related activities in the country, assemblies and elections.

However, one of the directors at the club Hajji Abass Kangave told The New Vision on phone yesterday that the club has no interest in pursuing the case.

“Take my word, we (Express) are not party to the court case. We don’t want it. We don’t do things like that. We are taking our time and we must get out of court,” Kangave said yesterday.

Reports from Wankulukuku indicate that Express’ other directors will meet this week to discuss the issue, with a plan to petition the same court to dismiss the case. They are unhappy Kabenge did not consult them.

Express’ other directors and fans argue that by taking FUFA to court through Muwema and Mugerwa Advocates, Kabenge and his colleague, SC Villa legal officer Fred Muwema, are acting in bad faith.

When contacted yesterday, Kabenge argued that as one of the club directors, he did not need to consult his colleagues on whether to institute a suit.

“We have our own problems in Express, true. Our internal disagreements will not stop me from pursuing the case. Some of these things are above the understanding of these (Express fans and officials) people,” Kabenge insisted.


Express’ case
According to court papers, Express avers that, among other claims, the body of FUFA as it appears today is illegally constituted because there are no regulations in place to provide for its (FUFA) existence as prescribed by the National Council of Sports (NCS) Act.

FUFA president Lawrence Mulindwa, Chief Executive Officer (CEO) Edgar Watson and returning officer Patrick Okanya have been attached as the defendants.

Kabenge added that he would write to world soccer governing body FIFA explaining that the decision to contest FUFA’s legality was a measure of last resort.

“There is no other avenue. All I’m telling FIFA is that there is a predicament in Uganda.”

Two days before the kick-off of the 2009-2010 Uganda Super League, FUFA were called to answer two cases filed consecutively.

Pro-line case
Pro-line Academy had on Wednesday applied for an injunction on the league which the High Court conceded to on Friday.

Court said it would rule in 21 days on FUFA’s expulsion of Nalubaale from the league. The Super League kick-off was therefore delayed.

FUFA is also facing pressure from district delegates ahead of the FUFA presidential polls due in Arua in November.

Mbale district football delegate Zubair Galiwango has threatened to go to court unless FUFA amends their list of voting delegates.

Galiwango, a former assistant general secretary in the Denis Obua executive, said all delegates and district officials must vote.

Returning officer Patrick Okanya recently released the election guidelines which state, unlike in the past, that district officials and the FUFA executive members will not vote.

Galiwango’s case
Galiwango said yesterday that his district was opposed to the guidelines and had written to FUFA seeking dialogue.

In the 2005 elections that brought incumbent Mulindwa to power, District Football Association chairmen and secretaries were allowed to vote alongside two delegates from their FUFA -affiliated districts but the federation executive members did not.

The incumbent president’s supporters have also accused Okanya of denying them voting rights because Article 21 of the latest FIFA Statutes gives the national federation executive members powers of a delegate. Okanya said that he was consulting and might consider allowing both sides to vote.