High court judge Musa Sekana on Monday issued a judgment in which he quashed the election of a faction of Democratic Party (DP) members challenging Nobert Mao’s leadership as President for the party.
The affected members include Matiya Lwanga Bwanika who was elected as the chairperson for the party, Hon Babirye Kabanda the National treasurer, Hon Medard Ssegona Secretary-General, Patrick Katuramu as Deputy National Treasurer, Alex Kiwanuka the Busoga Region representative and Racheal Kagoya as Women’s League
All these leaders were purportedly appointed by certain individuals to party positions which is contrary to the Democratic Party Constitution.
Early in March this year, High court judge Justice Andrew Bashaija issued an order allowing a section of aggrieved DP members led by Rajab Ssenkubuge to hold a National Council and Delegates Conference to fill a number of positions.
But this was later challenged by the Party President Nobert Mao on grounds that it was illegal for Samuel Muyizi, a suspended legal adviser and Organizing Secretary Sulaiman Kidandala against reaching a consensus with Ssenkubuge on behalf of the party without the knowledge of the party top administration.
Mao added that the court decision which was entered by the above people greatly affected the party in its administration.
In his ruling, Sekana revealed that the main application was full of wrong information which could have led to the miscarriage of justice.
Sekana also faulted counsel Samuel Muyizzi of representing the party without proper instructions and therefore the outcomes are not legally bounding to the party.
“The powers of National Executive Committee should be only exercisable by the organ with clear resolutions and any person who purports to be an agent of the National Executive Committee should be other than the President of the party (who is the Chief Executive) should be personally responsible for their actions.”
Similarly, court has ruled that actions of the Sulaiman Kidandala to execute a consent that binds the entire Democratic Party as the Organising Secretary was illegal since his role under the Constitution did not include signing documents or binding the party in court matters.
“It could have been done in good faith and in the best interest of the party, but the final decision in such circumstances should have been made by the National Executive Committee.”
Court went further and ruled that the main application was brought against Democratic Party Uganda a non-existing party since the one in the country is registered as Democratic Party under The Political Parties and Organisation Act and Regulations.”