Following the unfounded invalidation of their candidacy on August 4 by the FEMAFOOT Elections & Appeals Commission, the candidates list led by Salaha Baby has officially filed an appeal at the highest decision-making bodies in world football and the national sports courts and the court of appeal for sports (CAS).
This controversial decision of a commission supposed to be independent in view of the provisions of paragraphs 87.1, 87.2 and 87.4 of the statutes of FEMAFOOT; gives way to several irregularities, the most notable of which are:
– The legitimacy of certain statutory members of the Elections Appeals Commission resulting in the violation of paragraph D.4.1 of the FEMAFOOT electoral code.
– The violation of the adversarial principle provided for by the statutes, the code of ethics and the disciplinary code of FEMAFOOT, FIFA and CAF.
– The violation of paragraphs D.4.2 and D.4.3 of the electoral code which sets the deadline for appeals
These are all reasons why decision No. 23-2023 of the Election Appeals Commission was appealed to the Court of Arbitration for Sport (CAS) on Tuesday August 15, 2023 by the Salaha Baby camp in accordance with the provisions of paragraph D.4.4 of the FEMEFOOT electoral code for the purpose of cancellations.
Following the placing under arrest of candidate Mamoutou Touré Bavieux for embezzling state funds by the economic and financial courts of Mali, the Salaha Baby list also served the Ethics Commission of the Malian Football Federation on Wednesday, August 16, 2023 calling for the invalidation of the candidacy of Mamoutou Touré in accordance to the code of ethics and the disciplinary code of FEMAFOOT, FIFA and CAF.
The FIFA Ethics Committee will be officially informed on Friday August 18, 2023 on the infractions plaguing Mali Football.
Remember that before embarking on the various legal proceedings, Salaha Baby and his running mate first met the Minister of Sports on Tuesday August 8, 2023 with a view to a peaceful resolution of the dispute.
On the same day, Mr. Touré, who believed he had cleared the path for his own election after having unfairly invalidated all his opponents, was launching his campaign in a luxurious hotel in the square.
Divine justice will do its work barely a few hours after the launch of his campaign with great fanfare, Mamoutou Touré was picked up by Malian justice and placed under a warrant of committal at the Bamako central jail house for attacks on the embezzlement of property of the State, following a case of 17 billion CFA francs.
For the time being, the candidates led by Mr. Salaha Baby remains very confident that in the coming days they will be cleared to run for the election of the President and other members of the Executive Committee of the Malian Football Federation scheduled for 29 next August at the International Conference Center of Bamako – CICB.
Background.
The anti-corruption earthquake and tsunami in Mali struck again hard and on August 9 in regards to the 6th legislature of the National Assembly of Mali.
Mamoutou Touré Bavieux, former Director of Finance in Mali’s National Assembly under the Issiaka Sidibé era, who was the President of Mali’s parliament. Once seen as one of the untouchables, he embedded himself in the good graces of his immediate boss Issiaka Sidibe and sought political protection through Sidibe’s proximity to the then head of state Ibrahim Boubacar Keita.
Ibrahim Boubacar Keita who fled the country after the military toppled the regime, was related to Issiaka Sidibe through marriage after his son Karim Keita married Sidibe’s daughter.
These inter-personal ties ensured that Mamoutou Touré Bavieux remained untouchable and investigations into the theft of 17 Billion CFA was suppressed.
On December 9, 2022, the US Treasury published a list of more than forty personalities targeted by sanctions for acts of corruption and human rights violations. Among the targets of the Office of Foreign Assets Control (OFAC), the financial control body of the Treasury Department is Karim Keïta.
As fate would have it, Mamoutou Touré Bavieux and his former boss Issiaka Sidibe are both in jail as their former benefactor Ibrahim Boubacar Keita enjoys life in exile after cutting himself and his family a deal.
Mamoutou Toure had been preparing to host on August 29, 2023, the occasion of the ordinary elective general assembly of FEMAFOOT in accordance with the statutory provisions.
All of a sudden, his dreams were shatter and all hopes doomed following his placement under warrant of deposit by the judge of the Economic and Legal Division for corruption and embezzlement of public funds. A procedure which legally excludes him from the race and may see him committed behind bars for a very long time for stealing on government property,
Mamoutou Touré Bavieux was detained on August 9 and afterwards placed under a warrant of committal by a judge from the Economic and Legal Division (PEJ) within the framework of the fight against corruption on of the recommendations issued by the (ANR).
As a reminder, the former CFO of the Malian parliament is accused of embezzling State funds. This criminal procedure, which will even have placed the president of FEMAFOOT and former Finance Controller of the National Assembly, in detention (even if he has so far benefited from the presumption of innocence), undoubtedly appears as a challenge, considering that he will automatically be disqualified from the race for the presidency of FEMAFOOT whose elective Assembly is scheduled for this August 29, 2023.
Is the fate that Mamoutou Touré Bavieux sealed? Nothing can be confirmed as yet.
It should be recalled that through his unsporting behavior coupled with notorious influence-peddling, Mr. Touré used his position on the so-called FEMAFOOT Appeal Commission to invalidate the list of his rival candidates including M. Salaha Baby who happens to be the President of Timbuktu FC.
This was in flagrant violation of the Statutes and general regulations of FEMAFOOT. In addition to this abuse, it is important to also point out the lack of integrity of certain members of this commission. In doing so, the goal sought by Bavieux and his acolytes, was only to clear the way in order to be elected without any competition as the sole candidate.
Reports say that federation accounts have been exhausted and he is stifling dissent so as to avoid questions as to why FA coffers are empty.
Happy with this ingratitude, Bavieux who thought he was getting the butter and the money for the butter, suddenly saw black when his world collapsed following his arrest and committal by the judge of the Economic Crime’s Court.
Currently, he has been jailed in the prison of Bamako Coura.
There exists serious violation of of FIFA as well as, CAF and FEMAFOOT, statutes and Mamoutou Touré Bavieux should not even be validated as a candidate let alone be elected as president of FEMAFOOT.
Mamoutou Touré Bavieux has been the subject of criminal proceedings since 2019 with FIFA and CAF being informed well ahead of time. Ideally and by virtue of the code of ethics of these football bodies, any candidate who is the subject of a procedure, whether civil or criminal, cannot apply for the presidency of the body.
This assertion is also valid for FIFA, CAF and as well as FEMAFOT.
Which explains why Mamoutou Touré Bavieux should not have been validated as a candidate of the Federation in 2019 and as a member of the FIFA Council in 2021.
Bavieux, with the complicity of his acolytes, flouted these statutory provisions by presenting himself as a candidate and is dragging the World Governing Body FIFA, CAF in the mud as he cools his heels in the Bamako Coura jail.
He has been operating with impunity under the cover of certain personalities occupying high military and sports positions and close to the decision-makers.
Which was not without consequence. In addition to the glaring lack of sports results, relations between sports players and authorities have been going from bad to worse.