Kampala, Uganda | THE INDEPENDENT | The High Court Civil Division Judge Musa Ssekaana has ordered lawyers representing 23 members of the National Resistance Movement-NRM party who are challenging the decision of locking them out of the primaries of the East African Legislative Assembly- EALA elections to bring formal instructions from each of the aggrieved applicants.
Ssekaana made the order on Friday saying that he had received a complaint from Dr. Isaac Lwanga Byangire one of the people listed among the applicants saying that the lawyers who drafted the documents had not sought his consent prior to putting him on the list of the applicants.
Nuwabiine Jossy, Maganda Julius, Nuwagaba Herbert, Samuel Mugenyi, Kyasiimire Sheilah, Amanya German, Kyaguna Robert, Abigaba Adonia, Mivule Ronald, and Nampwera Ambrose.
The others are Kizito Richard, Ategeka Moses, Webale Robert, Kawooya Kigongo Samuel, Isa Kato, Ruth Karungi, Agaba Gilbert, Rwebisengye L.B, Asimwe Micheal, Dr. Kisembo Emmanuel, Ivan Mutsika and Bwengye Lauben.
The applicants are part of 130 people who had expressed interest to hold the flag for NRM in the elections for six out of the nine EALA seats meant for Uganda but were left out by the July 8th, 2022 decision made by the Central Executive Committee-CEC the top organ of the NRM.
The CEC ring-fenced the positions to only the six incumbents Mary Mugyenyi, Rose Akol, Stephen George Odongo, Denis Namara, James Kakooza, and Paul Musamali Mwasa.
But the 23 last week petitioned the High Court suing their party and its Electoral Commission arguing that by ring-fencing the EALA positions, they were denied an opportunity to democratically contest for election, which violates their constitutional rights.
They argued that they were also denied the opportunity to express themselves, campaign, and mobilize support for their candidature that tantamounts to disenfranchisement. They argue that they have since suffered losses as a result of the CEC resolution.
The applicants asked the court to declare that the CEC resolution to endorse/nominate the incumbent NRM representatives to the EALA as party candidates for the 2022-2027 term of office without holding valid elections is tainted with illegality, irrationality, unreasonableness, procedural impropriety, discriminative of other aspiring contestants and therefore null and void.
When the matter came up for hearing, the applicant’s lawyers led by Robert Rutaro asked for a short adjournment saying that they were withdrawing an application seeking for temporary orders such that they can be allowed to proceed with the main case and hear it expeditiously.
The NRM party lawyer Usama Sebuufu had no objection which forced the Judge to adjourn the case to Monday.
But prior to the adjournment, Ssekaana asked the lawyers to first introduce to him the applicants who were present saying that he wants to know if he is dealing with genuine complainants.
He directed that each of the applicants should make formal instructions and be brought to court on Monday when the case comes for hearing.
According to the written response submitted to the Court on behalf of the respondents through the affidavits of the NRM Legal Director Oscar Kihiika and Tanga Odoi, they want the case dismissed on the basis that the applicants did not use all the internal mechanisms provided within the party to resolve disputes.
Kihiika and Odoi argue that when NRM called for interested parties to express interest in EALA elections, 130 people showed interest, 63 withdrew and the remaining 67 who included the applicants were all assessed and six of them were endorsed as party candidates to be nominated and elected for the position of members of EALA.
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