MONROVIA – A Liberian lawyer, Attorney-at-law Samwar S. Fallah, says FC Fassell President Cassell Anthony Kuoh, Sr. is eligible to contest in any election organized by the Liberia Football Association (LFA).
The LFA will hold an elective congress in April 2026 with Nigerian-born Mustapha Ishola Raji, having declared his intention to seek an unprecedented third term even though it is legal.
Kuoh is seeking to replace Raji, who is unmoved by Liberia’s poor performances at all levels in international competitions since his ascendency in September 2018.
He has been garnering massive support from stakeholders and those holding the stakes.
But there is a ploy being orchestrated by a desperate Raji, who has been throwing jibes and tantrums at Kuoh, to deny him using the 2018 LFA statutes (revised in 2021).
Article 45.4 says “The president, vice presidents and member of the executive committee shall not be younger than 25 years. A candidate for the office of the president, vice presidents and executive committee members must have played an active role in football (e.g. as former player, former referee, former coach, medic and an official within the LFA etc.) for two years of the last five years before been proposed as a candidate for elections. The president, vice presidents and executive committee members shall have minimum qualification of high school diploma. They shall not have been found guilty of criminal offence. They shall have the Liberian nationality and shall have residency within the territory.”
Can this provision be used to deny Kuoh, who was sentenced under United States laws on 3 August 2017 and served his term of 87 months?
“The word ‘found guilty of criminal offense’ doesn’t say under which jurisdiction. So legally, two things apply here to render this article unconstitutional.
“The constitution is superior to any law. So Kouh’s constitutional rights are far above the LFA statutes. Secondly, he wasn’t [found] guilty of committing any offense in Liberia.
“So, you can’t punish Kuoh for what was done in a foreign country,” Fallah told Sports Track on Prime 105.5 FM, which was simulcast on Okay 99.9FM and Freedom 87.9 FM, on 2 November.
Fallah has volunteered to defend Kuoh should his rights to contest be denied by the electoral committee relying on article 21 ‘K’ of the 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.’ This will be my reliance in court assuming that Kuoh was convicted under Liberian laws,” added Fallah.
Fallah, who served as FrontPageAfrica first editor-in-chief and worked at the General Auditing Commission, said it is sad that the LFA has provisions of its statutes that clearly contradict the constitution.
Article two point one says “This constitution is the supreme and fundamental law of Liberia and its provisions shall have binding force and effect on all authorities and persons throughout the republic.”
Article two point two says “Any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to the extent of the inconsistency, be void and of no legal effect. The Supreme Court, pursuant to its power of judicial review, is empowered to declare any inconsistent laws unconstitutional.”
Fallah said all those, who have been convicted of a crime and have served their sentences or were pardoned, automatically regain their civil rights, including the right to vote, work or participate fully in society.
He said the constitution forbids “double jeopardy”, which means punishing a person twice for the same crime.
Fallah believes Kuoh has revolutionized Liberian football since his return from prison, especially taking Fassell on a month-long pre-season in Egypt in August.
“I don’t know Kuoh personally. I also don’t know all those who will be contesting besides Raji. I am an ardent football follower. I watch the national league and European leagues. Cassell has been doing well and there should be a level playing field for everyone to contest and let the voters decide.
“Those seeking to use the law to prevent Cassell from contesting in 2026 should reconsider their approach because he is a free citizen, fully entitled to participate in society with all the rights granted to him by law.
“Liberia is a sovereign state and no law, including the Fifa or LFA statutes, is above the constitution as outlined in article two. Preventing anyone from participating in activities like elections or public roles, even though they are entitled to do so under the constitution, violates articles two and 21,” Fallah underscored.
Raji, clearly troubled by Kuoh’s desire to replace him, called on Police Inspector-General Gregory Coleman and the Financial Intelligence Authority (FIA) to investigate Kuoh when he appeared on ELBC’s Super Sports program on 5 October.
But Fallah said Raji will need to submit new and convincing evidence to warrant an investigation.
“As far as the law is concerned, Cassell is a free man. The police or FIA can’t start an investigation simply because Raji called for it. There should be facts to establish the investigation.
“Kuoh has been running his businesses and paying taxes, including his club and the LFA has been interacting with him. His past is his past and while we can all talk about it, it can’t be the basis for a new trial or denial to contest,” explained Fallah.
Kuoh rejected a Raji offer to contest as his running mate when a delegation sent by Raji visited him.
Raji then asked two lawyers within the LFA whether Kuoh can be prevented under the statutes but was told Kuoh is eligible per the constitution.
An analysis
Raji is guilty of the maxim of equity, which states that one “who comes into equity must come with clean hands”.
How can Raji be calling Kuoh a fraudster when he forged his academic credentials during the LFA elections in April 2018 and was banned for two years for forgery by the LFA during the regime of Edwin Melvin Snowe, Jr.?
Fifa and Uefa operate under Swiss laws in addition to their statutes and rules of engagement.
That’s why former Fifa and Uefa Presidents Sepp Blatter and Michel Platini were acquitted by a Swiss Federal Criminal Court of fraud, forgery and mismanagement on 8 July 2022 in relation to an “unlawful payment of US$2.05 million” brought against them by Fifa and the office of the attorney-general in Switzerland.
Concacaf, football’s governing body for north, central America and Caribbean, operates under United States laws in addition to it statutes and rules of engagement.
That’s why the US justice department unsealed a 47-count indictment against nine Fifa officials and five corporate executives for racketeering, wire fraud and money laundering conspiracies, among other offenses, on 27 May 2015.
The LFA was establish by an act of the legislature in 1936.
That’s why the LFA uses Liberian laws, including the revised labor laws to grant leave from work, suspend and dismiss employees.
Kuoh, by the grace of God, will be a candidate when elections are held in April 2026.
And Raji will have to campaign against some of the worst things that have happened under his watch, including the disqualification of the men’s under-17 by CAF for age fraud (cheating) at the West African Football Union (WAFU) Zone ‘A’ tournament in Mauritania in October 2022.
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