Magogo in tough battle to keep Fufa presidency

The next two months - the duration as announced by Moses Magogo at the Fufa Annual General Meeting (AGM) at the weekend - will be one anxious period for the FA president as world soccer body, Fifa, further turn upside down files at the association Secretariat.
In office since August 2013, Magogo revealed at the 95th Fufa Ordinary Assembly in Adjumani on Saturday that he was stepping down to allow investigations into his alleged role in the sale of the 2014 Brazil World Cup tickets.
“This case can go on for ages but to dispose it off once and for all, I was advised to step aside for two months as the investigations go on,” Magogo, who won his second term in office in August 2017, said.
Magogo also announced that first vice president Justus Mugisha would temporarily take charge as the investigations are conducted.
“I was very sure that the truth will be known and I will be able to bounce back,” added Magogo.

The genesis
This case first attracted public attention in May 2017 when Makindye West MP, Allan Ssewanyana, petitioned Fifa pinning Magogo on alleged involvement in the sale of 2014 World Cup tickets that had been allocated to Uganda.
In that petition, Ssewanyana questioned the integrity and moral authority of Magogo, accusing him of violating and breaching Fifa statutes and code of ethics and disciplinary code under articles 13, 18, 19, 20, 21 and 22.
Ssewanyana avowed that tickets meant to be sold to Ugandans as allocated by Fifa were instead sold to US-based Howard Schwartz, contradicting Article 21 (2) of the Code of Ethics, which addresses acceptance of gifts and other benefits for personal gain.
Fifa, through Mrs Maria Claudia Rojas, the chairperson of the investigatory chamber of the Ethics Committee then, wrote to Magogo in June 2017 requesting for more information and documents in relation to the said alleged sale of tickets.
Why now, what now?
Magogo, as the legal head of the Federation, submitted his defence and the file has been open ever since.
Now, Daily Monitor understands that on September 1, the Ethics Committee communicated to Magogo asking him to step aside as in-depth investigations rage on.

According to Fufa legal manager Denis Lukambi, tickets are distributed by the secretariat and not the person of the president.

“I will not speak as the president’s legal representative but Fufa, and it is the secretariat that is in charge of those ticket sales,” Lukambi said.

“Like the president said, there is a provision in the Ethics Code that allows for the affected parties to agree on a given period of time to dispose off the case rather than leave the file hanging, and that is why they went for two months within which they want everything done with.

“My understanding is Fifa reason that if the person being investigated in office, Fifa may not get what they want, thus asking him to step aside as they get what they want from the secretariat.”

However, according to city lawyer Fred Muwema, who has good background of football legalities, Magogo has no control over proceedings at this point in time.

“My brief take is that by the time the EC (Ethics Committee) makes the decision to carry out an in-depth investigation, it already laid its hands on some prima facie evidence against MM (Moses Magogo).”

According to his address to the assembly on Saturday, Magogo admitted “an error which we inherited from previous campaigns (regimes) but as the legal head of the federation, I have to shoulder the responsibility.”

Muwema weighed in. “If there was an error as MM claims, then this should have been picked up by EC in their preliminary inquiry before the actual investigation.

“EC cannot proceed in such a serious manner requiring office holder to step aside on the basis of an error coz this would damage its integrity and mar the whole process.

“Moreover these investigations are part of the push by sponsors and other key stakeholders to clean up the image of the game whose mess damages them by association. It is not a matter for Fifa alone so MM may not have much influence on the outcome of the investigations.”

Ssewanyana, the petitioner, said, “By the time they asked him to leave office, he has already been implicated. What you need to know is that Fifa does not implicate people when they are in office.

“Now I want to push for criminal investigations by police to follow this through because it is now a pure case of fraud,” added Ssewanyana. Not many, if any, have been asked to step aside by the ethics committee and bounced back, an odd Magogo will have to beat.

Timeline of events
September 28, 2019: Magogo reveals AGM he is stepping aside for two months pending investigations
September 1, 2019: Fifa reportedly write to Magogo asking him to step aside
August 2017: Magogo voted for his second four-year term as Fufa president
June 2017: Fifa Ethics Committee notify Magogo they has kicked off investigations into his alleged sale of World Cup tickets, asking him to file his defence
May 2017: Makindye West MP Allan Ssewanyana petitions Fifa regarding Magogo's alleged involvement in the sale of 2014 World Cup tickets that had been allocated to Uganda.
August 2013: Magogo replaces Lawrence Mulindwa as Fufa president