Marketer Wilkins Mijiga has appealed against Football Association of Malawi (FAM) disciplinary committee’s one-year ban imposed on him for taking a football dispute to a conventional court.
Mijiga and Willy Yabwanya Phiri were slapped with a year-long suspension each for obtaining an injunction to stop FAM elections on December 12 2015 contrary to Fifa Article 68 and FAM Article 47.
However, the committee, comprising chairperson Arthur Nanthuru, vice-chairperson Allison Mbang’ombe, Paula Caetano and Ted Roka cleared Super League of Malawi (Sulom) treasurer Tiya Somba-Banda.
Mijiga, through his lawyers, has outlined 17 grounds of appeal.
“Take note that the appellant Mr. Wilkins Mijiga being dissatisfied with the whole decision of disciplinary committee of FAM contained in the determination dated May 12th 2016, doth hereby appeal to the Appeals Committee upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4,” reads the appeal document.
Mijiga argues that the disciplinary committee erred in meting out the punishment without considering the arguments presented during the hearing which include that the civil case No. 546 of 2015 was pending in the High Court of Malawi.
The appeals reads: “The disciplinary committee erred in failing to appreciate that Mr Mijiga had refrained from commenting or otherwise making representations on merits and/or demerits of the substantive allegations levelled against him. The disciplinary committee misdirected itself on the constitutive elements of doctrine of waiver of a preliminary objection on jurisdiction.”
Mijiga’s lawyers also argue that the one-year sentence is excessive.
“The findings of the disciplinary committee are against the totality, weight and evidence adduced before it…The sentence meted out on the appellant is manifestly excessive,” reads the appeal.
It further seeks reversal of the disciplinary committee order or ruling in its entirety and wants an order setting aside the suspension imposed on Mijiga.
Meanwhile, Mijiga’s co-accused Canada-based Willy Yabwanya-Phiri was reluctant on whether he would appeal against the sentence when contacted yesterday.