Monrovia — A high-stakes ruling by the Civil Law Court has ignited a governance storm within the Liberia Football Association, after declaring Cassell Anthony Kouh eligible to contest its presidency, despite LFA outlining a standing provisions that bar individuals with criminal convictions from seeking the federation's top office.
The decision, delivered on April 9, by Judge Peter W. Gbeneweleh, effectively strikes at the heart of Article 45.4 of the LFA's 2018 statutes, which disqualifies any aspirant "found guilty of a criminal offense."
Although the court declined to declare the provision unconstitutional, its affirmation of Kouh's right to contest places the LFA in a difficult position, caught between enforcing its own rules and complying with a binding judicial order.
Handing down judgment on April 9, 2026, Assigned Circuit Judge Peter W. Gbenewheleh ruled that Kouh has the legal right to participate in the upcoming LFA elections, dismissing claims that he was lawfully excluded.
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The court further lifted the injunction that had halted the electoral process, effectively clearing all obstacles for the elections to proceed and for Kouh to enter the race.
The court, however, firmly declined to rule on the constitutionality of the LFA's 2018 statutes and election guidelines, emphasizing that such authority rests solely with the Supreme Court of Liberia, where the matter is already pending. Despite this, the judge made it clear that Kouh's rights as a member of the LFA remain intact and enforceable under existing law.
Relying on Section 43.1 of the Civil Procedure Law, the court asserted its authority to declare rights and legal relations, ultimately affirming Kouh's eligibility and right to contest.
The legal battle stems from Kouh's attempt to contest the LFA presidency ahead of the April 18, 2026 Ordinary Elective Congress.
The LFA Election Committee maintained that Kouh was ineligible under its guidelines and further argued that he had not formally submitted an application for vetting.
Kouh, however, turned to the Civil Law Court seeking a declaratory judgment, insisting that he had met all requirements and that any denial of his participation was arbitrary, unlawful, and unconstitutional.
Kouh had argued that the LFA Election Committee acted arbitrarily and unlawfully by denying him participation based on a misinterpretation of eligibility rules tied to criminal convictions.
He maintained that his civil rights have been fully restored under Article 21(j) of the Constitution, placing him on equal legal footing with any other candidate.
In a sharp contrast, the LFA Election Committee attempted to justify its actions by claiming Kouh never formally applied to contest the elections. But the court found this argument insufficient to override his fundamental right to participate, especially given his established status as a former LFA Vice President and current President of FC Fassell.
Central to his argument was Article 21(j) of the 1986 Constitution, which provides for the restoration of civil rights upon completion of a sentence.
During proceedings, Kouh's lawyers acknowledged his past conviction in the United States, stating that he served seven years of an eight-year sentence before receiving a COVID-19-related pardon.
They argued that this restoration placed him on equal legal footing with any other Liberian citizen.
The LFA, on the other hand, held firm that its statutes impose independent eligibility standards aimed at preserving integrity within football leadership, standards it argued remain valid regardless of constitutional restoration.
Parallel Battle at the Supreme Court
Complicating the matter further is a parallel legal challenge currently before the Supreme Court of Liberia, where the constitutionality of the LFA's statutes and election guidelines has already been argued and is awaiting determination.
In his ruling, Judge Gbeneweleh acknowledged this ongoing process and declined to venture into constitutional interpretation, stating that only the Supreme Court has the authority to declare any statute or regulation unconstitutional.
By doing so, the Civil Law Court avoided a direct clash with the higher court, but still issued a consequential declaration on Kouh's rights.
This creates a legal gray area, while the Supreme Court has yet to rule on whether the LFA's integrity clause is constitutional, the Civil Law Court has already affirmed Kouh's eligibility to contest, potentially pre-empting the practical effect of any future decision.
FIFA Concerns and Governance Fallout
The ruling also revives concerns about Liberia's compliance with FIFA regulations, which discourage taking football disputes to ordinary courts instead of internal arbitration bodies.
The LFA has repeatedly warned stakeholders against bypassing the Football Arbitration Board, citing the risk of external interference in football governance.
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Kouh's decision to seek relief through the civil court system, now validated by the ruling, could test those boundaries and expose the association to scrutiny.
A System Under Pressure
Beyond the legal technicalities, the ruling has exposed a deeper governance dilemma.
By affirming Kouh's right to contest without invalidating the LFA's rule, the court has weakened the enforceability of the association's integrity clause, raising concerns about precedent and future compliance.
At the same time, the court lifted its earlier injunction, ordering the LFA to proceed with its electoral process.
While this ensures that the April 18 Congress moves forward, it leaves unresolved tensions over Kouh's candidacy and the broader authority of football regulations in Liberia.
For the LFA, the path ahead is fraught: enforce its statutes and risk legal repercussions, or comply with the ruling and risk eroding the very standards meant to protect the game's credibility.
As the Supreme Court prepares to weigh in on the constitutional questions, the Kouh case has already evolved into more than an electoral dispute, it is now a defining test of law, autonomy, and accountability in Liberian football.
