The National Resistance Movement (NRM) has been sued over allegations that some top party members are occupying offices illegally.
The failure to conduct internal party elections is another allegation that has been fronted by the petitioner for court to decide.
The sued party officials, who are members of the party’s top organ, the Central Executive Commiittee (CEC), include Tanga Odoi (chair of the party’s electoral commission), Nassur Gadaffi (chairperson of youth league), Dominic Mafabi Gidudu (chairperson of elder’s league), James Tweheyo (chairperson of worker’s league) and Mwesigwa Rukari (chairperson of entrepreneur’s league).
Other sued officials are Maj. Gen. (retired) Jim Muhwezi (chairperson of veteran’s league), Gabriel Kato (chairperson of people with disabilities league) and Lydia Wanyoto (chairperson of women’s league).
In a suit filed at the Civil Division of the High Court on March 11, Daniel Obal contends that the NRM members’ continued stay in office after the expiry of their elective term as chairpersons is contrary to the Constitution, Political Parties and Organisations Act, 2018 and NRM party constitution.
“All the resolutions, decisions, and actions taken directly, indirectly or participated in by the said members, since the expiry of their elective term in 2020, are null and void,” Obal says.
He alleges that Gadaffi, by his current age, is disqualified from continuing to hold the position of chairperson youth league.
He, therefore, wants the court to direct him to vacate the office immediately.
According to Obal, the registered NRM member, who participated in the NRM’s parliamentary primary elections of 2020 for Ajuri constituency in Alebtong district, Gadaffi, is now 37 years old, which is above the internationally recognised age group of the youths and is not qualified to continue holding the position.
He also wants court to block members from unlawfully convening, attending or participating in meetings in capacities as chairpersons of their respective leagues and as members of the NRM Central Executive Committee.
Justice Musa Ssekaana of the Civil Division of the High Court in Kampala will deliver a ruling on an application of temporal injunction on July 29.
A temporary injunction is a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action.
Obal argues that failure by the NRM and Odoi to conduct elections of the internal structures and special organs in the party violated his right to participate and be elected to join the CEC, an organ in the party responsible for providing and exercising political leadership in the country.
Court documents indicate the sued parties were meant to serve a five-year term ending in 2020. When their term ended, Obal alleges, NRM and Odoi did not organise elections.
He added that their term in office was unlawfully extended for six months until March 1.
Obal now wants the court to compel NRM and Odoi to organise elections for the party’s internal structures and special organs with immediate effect.
He has also asked court to declare that the acts of the defendants, who he said continue to derive monetary and other benefits attached to their positions after the expiry of their terms, are contrary to the principles of accountability, democracy and good governance.
DEFENCE
In rebuttal, the defendants contend that the elections were not conducted due to the guidelines issued by the health ministry following the outbreak of COVID-19 and related lockdown measures that were instituted by President Yoweri Museveni to curb the spread of the disease at the time.
The defendants argue that under the NRM’s constitution, the CEC, in exercise of its function, has the mandate to extend the tenure of office of any officer holding positions in the party.
When contacted, Odoi said the suit was exclusively a CEC issue. “But the guidance of the Attorney General and the chairperson of the party will solve the problem,” he said.
Odoi, however, noted that the only thing to do is to conduct elections.
“I do not see any big issue apart from electing new leaders and as the party Election Commission, we are ready and waiting for the register to have new leaders of the structure from the village to the national level elected,” he said.
Odoi disdosed that NRM vice-chairpersons are still in their positions up to August next year.
ATTORNEY GENERAL’S SAY
In a letter last month addressed to NRM chairperson President Yoweri Museveni, Attorney General Kiryowa Kiwanuka also weighed in on the matter, saying the presence of 12 officials on the party’s CEC after the expiry of their term contravened the law.
Kiwanuka said the (officials) continued presence on CEC when their mandate expired is contrary to Section 10(2) of the Political Parties and Organisations Act 2018 and Article 71(c) and (d) of the Constitution.
He advised CEC to legally extend their tenure under the Political Parties and Organisations (Conduct of meetings and Elections) Regulations.
#The Attorney General’s letter was in response to the legal advice sought by CEC on the status of the structures and the legal ramifications of renewal of these structures by the CEC under the
law.
