The High Court of Sierra Leone has dismissed the Sierra Leone Football Association’s (SLFA) petition seeking to overturn an injunction that halted its planned Ordinary Congress.
The injunction was initially granted following a legal challenge by Tamba G. Gbetuwa, Chairman of the Moyamba District Football Association, who argued that the SLFA had failed to adhere to constitutional provisions in its processes.
In its ruling, the court rejected the SLFA’s argument that the matter should be resolved internally through its dispute resolution mechanisms.
The SLFA contended that the case was an internal issue, outside the court’s purview, and should not have been subjected to judicial scrutiny.
However, the High Court affirmed its jurisdiction, citing Article 1 of the SLFA Constitution, which recognizes the association as a corporate entity with the legal capacity to sue and be sued. The court underscored the importance of judicial oversight in ensuring accountability and protecting the rights of aggrieved members.
The crux of the case revolves around the interpretation and enforcement of Article 26 of the SLFA Constitution, a key issue in Gbetuwa’s complaint.
The court emphasized that such matters fall squarely within its mandate to interpret and enforce constitutional obligations.
The court further stated that dismissing the case on grounds of internal resolution would deprive members of timely legal remedies, particularly in cases requiring urgent interventions like injunctions.
As part of its decision, the court made the following orders:
The SLFA’s petition, filed on November 27, 2024, was dismissed.
The injunction issued on November 25, 2024, remains in effect until vacated by the court.
The substantive matter will be addressed expeditiously in subsequent hearings.
The SLFA is ordered to pay costs in the cause.
This ruling has significant implications for the SLFA’s leadership, emphasizing the need to operate within the bounds of its constitution and ensuring fairness in its dealings with stakeholders.
The court’s decision has sparked reactions from football enthusiasts and stakeholders, with many interpreting the SLFA’s petition as an attempt to sideline potential candidates for the forthcoming Congress.
Aruna Sesay, a football enthusiast in Freetown, described the situation as unfortunate, calling for a change in the management of Sierra Leonean football.
“We need new leadership in football to restore order and take our national team to the African Nations Cup and the World Cup. We are a football-loving nation, and we are tired of stagnating,” Sesay remarked.
The case will now proceed to address the substantive issues raised in Gbetuwa’s complaint. The outcome of these proceedings could have far-reaching consequences for the SLFA’s operations and the future of football governance in Sierra Leone.