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LFA seeks behind the scenes negotiation while notifying Fifa about injunction

Danesius Marteh,

The Liberia Football Association (LFA) is seeking behind the scenes negotiations while at the same time updating Fifa about ongoing legal battles it is involved in at the Civil Law Court and Supreme Court.

An LFA delegation paid a courtesy call on Vice President Jeremiah Koung this week.

Per sources, the intent of the meeting was to solicit Koung’s support by intervening in the judicial process and to persuade presidential aspirant and FC Fassell President Cassell Anthony Kuoh to back off from the process.

But Koung told the delegation that he wants to remain neutral and will work with whoever is elected.

Our sources didn’t say where the meeting took place as the LFA and Koung’s office decline to comment.

Meanwhile, the LFA says it has formally notified Fifa about the injunction placed on the 2026 elective congress by the Civil Law Court on 24 March.

It also confirmed that the elections committee has ceased operations in compliance with the judicial order.

The LFA is expected to hold an elective congress in Harper, Maryland County on 18 April but the ongoing legal battles and article 10 of the 2013 LFA electoral code, which mandates the elections committee to furnish the secretariat with the list of candidates at least 30 days before the elections, will make it impossible.

Judge Peter Gbeneweleh suspended the electoral process pending the hearing of a petition for declaratory judgment filed by lawyers representing Kuoh on 10 March against the LFA elections committee.

Kuoh prayed the court to declare his rights under the 2018 approved statute and article 21(j) of the 1986 Liberian constitution to enable him to participate in the elections.

Gbeneweleh noted that the LFA filed a motion to dismiss the petition for declaratory judgment along with an indemnity bond on 13 March without a responsive pleading to the petition.

He reminded the LFA that section 7.65, sub paragraph four of the Civil Procedure Law of Liberia makes it mandatory that the filing of an answer in the action is a precondition for vacating or modifying a preliminary injunction and that an answer or a responsive pleading shall be filed at the time of the filing of the motion to vacate or modify a temporary restraining order.

The failure of the LFA to file a responsive pleading along with the motion to dismiss the preliminary injunction does not meet the legal requirement to dismiss the motion filed by Kuoh along with his petition.

Gbeneweleh said Kuoh’s petition has established that the guidelines, which provide that a candidate shall not have been found guilty of a criminal offense denies him his constitutional rights to participate in the elections on grounds that his civil rights and liberties under article 21(j) of the constitution were automatically restored upon serving his sentence and satisfying any other penalty imposed.

The court says that Kuoh will suffer an irreparable harm should it denied his motion for preliminary injunction and his constitutional rights to contest or participate in the elections.

“Wherefore and in view of the foregoing, it is the ruling of this court that the LFA elections committee and executive committee members, and all presiding officers of the LFA are hereby restrained, enjoined and prohibited from further conducting electoral process pending the hearing and the determination of the petition for declaratory judgment. And it is hereby so ordered,” said Gbeneweleh.

The court also fined lawyers, who are representing the LFA, including Cllrs. Benedict Yarsiah and Amara Sheriff, US$200 each for time wasting.

Atty. Joseph Yado Howe and Cllr. James Kumeh are representing Kuoh.

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