The High Court of Uganda here in Kampala on Wednesday afternoon dismissed an application filed by banned former Uganda Super League (USL) board chairman Kavuma Kabenge and his chief Executive Officer Ebil Ssegawa against FUFA and its seven other officials .
The duo had filed an application in the High court against the Federation President Lawrence Mulindwa, Vice President in charge of Administration Eng. Moses Magogo, the CEO Edgar Watson and the FUFA Disciplinary Committee Chairman, Council Geoffrey Ojok Odur. Others were David Balondemu, Asuman Nyonyintono and Jacob Lubega all members of the disciplinary judicial body.
Kabenge was seeking a judicial review granting him several orders that included nullifying the current FUFA constitution, a declaration that the FUFA Disciplinary committee lacked jurisdiction and calling for the record of the impugned investigations, proceedings and decisions of the Disciplinary committee that suspended them among many other orders.
In her ruling, Hon Lady Justice Elizabeth Musoke dismissed the application with each party bearing its costs and advised the applicants to follow the acceptable procedures laid down in the FUFA constitution by going to the Appeals Committee.
The Justice observed that it was not disputed that FUFA had an Appeals mechanism within its statutes comprising members well versed in legal matters and dismissed allegations that the committee was biased. “From the evidence on our record, I have seen nothing to point to any likely bias by the appeals committee of FUFA” said Musoke in her ruling.
Kabenge had earlier accused the FUFA Appeals committee of being incompetent and biased. But Justice Musoke further wondered as to why Kabenge again proposed before court to have the disputes between the two parties resolved through arbitration, with the tribunal chaired by Mr. Richard Kiboneka who is the Appeals committee chairperson!
“In this case it’s the courts view that the applicants ought to exhaust other remedies, the first of which is the Appeals mechanism within the FUFA Disciplinary code” Justice Musoke said in her ruling as Kabenge looked on.Quoting article 94 of the FUFA disciplinary code, Musoke said if the applicants felt aggrieved by the decision of the Disciplinary Committee, they would have appealed to the FUFA appeals committee, and exhaust the domestic remedies prior to going to ordinary courts.
FUFA CEO Edgar Watson, Legal Committee chairman Mohammed Bazirengedde and Disciplinary Committee chairman Geoffrey Ojok Odur attended the proceedings as Hon Lady Justice Elizabeth Musoke ruled against Kavuma Kabenge and Segawa Ebil.
