By Andrew Irumba
Kampala: Kampala High court judge, Justice Musa Sekaana has Wednesday dismissed a case in which four members of the defunct National Unity Reconciliation and Development Party (NURP) who were challenging the legality of Robert Ssentamu Kagulanyi aka Bobi Wine as their party president and consequently changing their party name from the above to the new ‘National Unity Platform‘ (NUP), including colours, logo and slogan. The judge dismissed the case with costs against the applicants.
The party’s founder president, Moses Nkonge Kibalama, Basil Difasi, Twala Hassan and Ssimbwa Paul Kagombe (applicants), wanted the transfer of the party to the leadership of Robert Kyagulanyi Ssentamu alias Bobi Wine to be nullified.
“The judicial review guidelines or rules equally provide for locus stand and this would have been the threshold before the applicants would seek to challenge actions of the party. It is an abuse of court process. This application is dismissed with costs to the respondents. So I order,” read part of his ruling which was delivered by email.
The four pioneer members wanted the court to declare among others, that the change of the Party name by the 8th respondent (Electoral Commission) from National Unity, Reconciliation and Development Party (NURP) as per its certificate of registration dated 28/12/2004 to The National Unity Platform (NUP) as published under General Notice No. 838 of 2019 in Uganda Gazette dated 12/8/2019 and the Certificate of Registration issued on 28/8/2019 in the name of The National Unity Platform (NUP) is illegal, null and void as they are not supported by the requisite resolutions under the NURP Party Constitution.
However, the judge disagreed with them and in fact, put it to them that they wanted to use the court to satisfy their never-ending greed for money.
“The applicant, in this case, ought to have applied for judicial review within 3 months after the change of name of the party from NURP to NUP i.e by 6th June 2019 but instead the applicants filed this application on 24th August 2020 after over one year. This application was made with a view of making some money during the election season and the applicants have no genuine grievance but rather want to be relevant and make some quick cash,” observed Justice Sekaana.
Read Full Ruling Below:
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
MISC CAUSE NO.226 OF 2020
1. BASILE DIFASI
2. TWALA HASSAN
3. NKONGE MOSES KIBALAMA
4. SSIMBWA PAUL KAGOMBE:::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANTS
VERSUS
1) THE NATIONAL UNITY PLATFORM
2) KYAGULANYI SSENTAMU ROBERT
3. DAVID LEWIS RUBONGOYA
4. AISHA KABANDA
5. JOEL SSENYONYI
6. FLAVIA KALULE NABAGABE
7. NYANZI FRED SSENTAMU
8. ELECTORAL COMMISSION
9. ATTORNEY GENERAL::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS
BEFORE HON. JUSTICE SSEKAANA MUSA
RULING
This is an Application brought under Articles 8A together with the National objective II(v), 29(1)(e), 71(1)(c), and 139 of the Constitution; Section 98 of the Civil Procedure Rules; Sections 33 Judicature Act; Section 19, 21 and 4th Schedule to the Political Parties and Organisations Act as Amended; Order 52 rules 1 and 2 of the Civil Procedure Rules seeking the following Declarations and Orders;
a) A Declaration that the Resolution dated 5/12/2017 nominating someone described as the Ghetto President H.E. Bobi Wine Kyadondo East MP Hon. Kyagulanyi Robert as the NURP Party’s Presidential Flag Bearer in the 2021 general elections is illegal and in contravention of the Party Constitution.
b) A Declaration that the change of the Party name by the 8th respondent (Electoral Commission) from National Unity, Reconciliation and Development Party (NURP) as per its certificate of registration dated 28/12/2004 to The National Unity Platform (NUP) as published under General Notice No. 838 of 2019 in Uganda Gazette dated 12/8/2019 and the Certificate of Registration issued on 28/8/2019 in the name of The National Unity Platform (NUP) is illegal, null and void as they are not supported by the requisite resolutions under the NURP Party Constitution.
Click Here To Read Full Statement: Ruling-Basile-Difasi-Anor-v-NUP-Others.pdf
