By Danesius Marteh
The Civil Law Court has declared the rights of presidential aspirant Cassell Anthony Kuoh, Sr. to contest the pending Liberia Football Association (LFA) elections.
Ruling on 9 April, Judge Peter Gbeneweleh said section 43.1 of the Criminal Procedure Law of 1973 provides that “court of records within their respective jurisdiction shall have power to declare rights, statutes and other legal relations whether or not further relief is or to be claimed.
“No action or proceeding shall be opened to objection on the grounds that a declaratory judgment is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment. The power granted to the court under this section is discretionary.”
Gbeneweleh said Kuoh is a member of the LFA as indicative that he is FC Fassell president and former LFA Vice President.
He, however, declined to address the constitutionality of the 2018 LFA approved statutes, which is before the Supreme Court.
Gbeneweleh ordered the clerk of court to lift the permanent injunction and instructed the LFA to proceed with the electoral process.
Arguments were heard from lawyers representing the LFA, led by solicitor-general Augustine Fayiah (Cllr.) and Cllrs. Benedict Yarsiah and Michael Kollie Jeke.
Cllrs. Jimmy Bombo and James Kumeh and Atty. Joseph Yado Howe represented Kouh and informed the court that the LFA statutes contradict the regulations and their client’s rights to participate in the elections.
Cllr. Jeke said article 58.1, which prevents Kuoh, is an integrity clause just as it is contained in the act creating the General Auditing Commission, to which the judge asked whether it violates article 21(j) of the Liberian constitution.
It says “any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his civil rights and liberties, shall have the same automatically restored upon serving the sentence and satisfying any other penalty imposed, or upon an executive pardon.”
Cllr. Jeke also said it was a Fifa integrity clause that anyone, who has been found guilty, said not be associated with football regardless of whether s/he served his term and his/her rights have been declared.
This is an incorrect statement intended to mislead the court.
Mamatou Toure, widely known as Bavieux, was elected unopposed as president of Mali Football Association (Femafoot) on 29 August 2023 for a four-year term while in prison.
Toure was awaiting trial after being accused of embezzling funds during his time as a financial and administrative director in Mali’s
National Assembly.
The 68-year-old, who has led Femafoot since 2019, was a member of both the Fifa Council (executive committee member) and the executive committee of the Confederation of African Football (Caf) at the time of his election before his tenure expired.
He was never removed from his posts at Fifa and Caf because of his indictment.
Toure was released after 622 days in prison on 22 April 2025.
None of the parties announced an appeal, paving the way for the LFA elections committee to announce a new timetable.
The lingering question is what will happen when Raji and executive committee’s tenure expire on 18 April.
Your guess is as good as mine.
