By Sakur AbdulSalam
Court has declined to stop FUFA presidential elections pending the disposal of the fans main application on grounds that the process is almost coming to an end.
On Tuesday, Edwin Bazanye, Paul Mugamba and Solomon Bbiira asked Court to halt the FUFA presidential elections on grounds that their main case would be rendered nugatory.
However, in her ruling today (Thursday), the High Court Judge Henrietta Wolayo observed that FUFA presidential electoral cycle is coming to its conclusion and the balance of convenience favors holding the elections in order to complete the electoral cycle.
“Since FUFA presidential electoral cycle is coming to an end, the balance of convenience favors it and in the premises the application is dismissed,”said Wolayo.
Wolayo also noted that the trio’s contention that they would suffer irreparable damages if FUFA elections are held is untenable because the holding of the elections cannot stop court from nullifying them at a later stage if found to be premised on laws and regulations which are contrary to the substantive law.
The judge ordered Bazanye, Mugamba and Biira to pay costs to the Attorney General, National Council of Sports, Edgar Watson, Moses Magogo, Samuel Bakiika and Yusuf Awuye who were the respondents in the case.
FUFA elections are slated to take place on August 5 in Masindi district.
Magogo is contesting as sole candidate after Mujib Kasule was disqualified by FUFA electoral committee from the race for failure to meet its stiff requirements, leaving Magogo a sole candidate.
However, Wolayo refused to discuss the likelihood of the trio’s success in their main application, stating that it would pre-empt arguments in the main application.
Therefore, Wolayo set August 27 as dates to hear the trio’s main application challenging the manner in which the FUFA presidential elections were conducted which locked out many intending candidates.
The three contends that FUFA administration irregularly and unlawfully conducted elections for and by its Article 1 of the FUFA Constitution by which it is a private limited company by guarantee with an objective of depriving public and National Council of Sports (NCS) from exercising their constitutional right and privileges.
They also claim that FUFA constitution does not provide for FUFA electoral commission committee which conducted the elections.
They also blame the Education ministry and sports over failure in their mandate to formulate, regulate and prevail over the NCS and its amateur sports national associations in conducting their general administration and elections.
The group also avers that NCS unlawfully permitted FUFA and its incumbent executive and presidency to conduct by its own national federation presidential elections and the grass root level which is unfair.
Shortly, after the ruling, the visibly excited Watson said that they were happy that Court has ably realized that the petitioners only wanted to disorganize FUFA’s programs.
However, Bazanye said they are not turning back until the truth prevails. “We are going to consult our lawyers to see whether we appeal against the decision or we pursue the main application,” Bazanye said.