A panel of three Justices from the Court of Appeal has dismissed the appeal in which James Michael Akena had challenged the High Court decision that ordered him out of office.
In a judgment delivered by the Deputy Registrar of Court of Appeal Mary Babirye, the judges who included Elizabeth Musoke, Izama Madrama and Irene Mulyagonja, ruled that if the past errors (illegal process) are not rectified through organizing of elections as provided for under both party and National laws, the party leadership will continue to be doubted.
“It’s now five years down the road and Hon Akena continues to execute duties of President of the party albeit resulting from an illegal process which was quashed in 2015,” Court stated.
Court ordered UPC to conduct nominations and elect a president in conformity with provisions of the party constitution, political parties and organizations Act as well as the Constitution for the Republic of Uganda.
In 2016, Joseph Bbosa assumed the UPC party presidency when Dr Olara Otunnu bowed out, to pave way for elections, which led to a protracted court battle.
The development saw the party splitting in two rival factions allied to Akena and Bbosa.
Joseph Bbosa, now deceased, was later substituted by Prof Edward Kakonge, the process in which Akena became the party President of UPC.
Court later on declared that the election of Akena as UPC president was null and void because proper procedures set up under the party constitution were not followed.
Akena, being not satisfied with the court’s decision, petitioned the Court of Appeal challenging the decision and the matter has been pending until Monday September 7, when it has been disposed off.