In a recent development, Onduparaka Football Club, based in Arua City, finds itself in a heated dispute with local authorities regarding the takeover of the management of the renowned Onduparaka Grounds, popularly known as the Green Light Stadium. The controversy arose after the Mayor of Ayivu Division, Mr. Malon Avutia, along with security personnel, forcefully entered the stadium premises, resulting in a criminal trespass incident.
However, amidst the circulating clouds, Onduparaka Football Club, as a sports organization in Arua City, has issued a response to the proposed takeover of the management of the Green Light Stadium, also known as Onduparaka Grounds. In a letter dated June 23, 2023, the City Town Clerk of Ayivu Division, Arua City, communicated the immediate takeover of the stadium's management, citing Section 34(1) of the Public Finance Act, 2015.
However, Onduparaka FC has raised several concerns regarding the legality and justification of the intended takeover. The club has highlighted the fact that it has managed the stadium for the past 12 years under a mutual agreement with the Church of Uganda, the legal owners of the property. This agreement has been characterized by a harmonious relationship, with no conflicts arising between the club, the church, or other local stakeholders.
The club's CEO, Achidri Michael, emphasized that the stadium was reserved exclusively for sporting purposes and that Onduparaka FC had abided by the governing rules of football and internal policies throughout their tenure. Furthermore, the CEO pointed out that the takeover proposal might contravene Article 16(2) of the constitution, which protects citizens from compulsory deprivation of property without prompt payment of adequate compensation and access to a court of law.
Onduparaka FC also highlighted a recent incident of criminal trespass, wherein the Mayor of Ayivu Division, Mr. Malon Avutia, and unidentified personnel forcibly entered the stadium premises and began clearing the playing field without authorization. The club intends to pursue legal action to seek compensation for damages, restoration costs, and emotional distress resulting from the incident.
The club expressed its hope for a civil and legal resolution to the matter and called upon the church authorities to clarify the situation in line with the existing mutual agreement. Onduparaka FC stressed the importance of upholding the law and conducting leadership responsibilities with humility and understanding, suggesting that alternative methods of conflict resolution should be explored.
As of now, the club awaits a formal communication from the Ma'di and West Nile Diocese, and it remains committed to protecting the interests of the local community and maintaining a respectful relationship with the church and other stakeholders.
Key To Note:
The events leading up to the dispute began when the Woman Member of Parliament for Arua City, Ms Osoru Maureen, requested the use of the stadium on June 18th, 2023, to host the Rt. Honorable Speaker of Uganda. The request stated an anticipated attendance of approximately 6,000 citizens. Onduparaka FC, being the legal manager of the stadium, responded with their standard conditions for stadium hire, including factors such as availability, nature of activity, possible damages, and public interest.
To the surprise of Onduparaka FC, the Member of Parliament rejected the authorization granted by the stadium manager, citing an alternative venue at the Catholic Church in Onduparaka. However, the situation took an unexpected turn when the Mayor of Ayivu Division, accompanied by unidentified individuals, forcibly entered the stadium by breaking the padlocks of three gates, namely the main gate, the dressing room access gate, and the playing field access gate.
Onduparaka FC, recognizing this act as a criminal trespass, did not contest the situation, citing a legal precedent set by the Supreme Court in the case of Justine E.M.N. Lutaaya vs. Engineering Co., SCCA No. 11 of 2002. The club expressed its intention to pursue legal action to seek redress for costs related to restoration, physical damage to property, loss of property, annoyance, discomfort, and emotional distress.
In response to the incident, the City Town Clerk of Arua City issued a letter to Onduparaka FC, referencing Section 34(1) of the Public Finance Act, 2015, and announcing the immediate takeover of the stadium's management. However, Onduparaka FC argues that this section of the law applies only to assets in the possession of the accounting officer. Furthermore, they highlight that the division was established in 2020, and that the proposed mandate cannot be enforced retrospectively. The club has managed the Green Light Stadium legally for the past 12 years through a mutual agreement with the Church of Uganda, the legal owner of the property.
The club emphasizes that the stadium was exclusively reserved for sporting purposes and that they have honored their agreement with the Church of Uganda without conflict. They believe that the intended actions of the local authorities contravene Article 16(2), which protects individuals from compulsory deprivation of property or any interest in or right over property without prompt payment of fair and adequate compensation. Onduparaka FC asserts that the matter should be resolved through legal channels and courts of law.
As a club founded on Christian principles, Onduparaka FC calls for the dispute to be resolved through civil means, expressing concern about the potential detrimental impact of illegal actions on the local community and the stakeholders who have supported both the club and the church.
The club awaits a formal communication from the Ma'di and West Nile Diocese regarding the situation and hopes for a harmonious resolution that addresses the perceived errors made by the local authorities.
For further updates on this ongoing dispute, stay tuned to the Daily West Nile for the latest news.
BY: Omar El Bashir - CJ Dailywestnile.info