The high court has ruled that Kyagulanyi Ssentamu Robert is the legitimate NUP president in a verdict delivered by email this noon.
Breaking news; Application dismissed with costs. NUP Everywhere, Everywhere NUP!!!
— Joel Ssenyonyi (@JoelSsenyonyi) October 21, 2020
The party spokesperson Joel Ssenyonyi says the judge has dismissed the case and asked the complaints to compensate Kyagulanyi for wasting his time in the courtroom yet he has a campaign to sustain. “Application dismissed with costs,” Ssenyonyi says. “NUP everywhere, everywhere!,” he adds.
Below is the full judgement without filter.
4. SSIMBWA PAUL KAGOMBE:::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANTS VERSUS
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) are illegal , null and void as they are not supported by the requisite resolutions under the NURP Party Constitution.
c) A Declaration that the change of NURP Party colours and symbols as gazetted under General Notice No. 379 of 2004 in the Uganda Gazette dated 13/12/2004 and maintained under General Notice No. 838 of 2019 in the Uganda Gazette dated 12/8/2019 by the 3rd to 9th Respondents is illegal, null and void as it is not supported by the requisite resolutions under the NURP Party Constitution and it infringes on sections 7(5), 8(a) and 11 of the Political Parties and Organisations Act 2005.
d) A Declaration that the extra ordinary Delegates Conference allegedly held on 14/7/2020 to elect new political leaders of the NURP/NUP party was illegal and infringement of the Party Constitution, Articles 8A and National Objective II (v) and 29(1)(e) and 71(1)(c) of the National Constitution 1995 and Sections 19, 21 and the 4th Schedule of the Political Parties and Organisations Act 2005.
e) A Declaration that the purported election of the 2nd respondent as Party President, 3rd Respondent as Secretary General, 4th Respondent as Deputy Secretary General, 5th Respondent as Secretary for Information/Spokesperson, 6th Respondent as Secretary for Women Affairs, 7th Respondent as Secretary for National Mobilization the said extra ordinary delegates conference was itself illegal, null and void.
f) A Declaration that the alteration of the list of Founder Members/Subscribers in the NURP Party Constitution 2004 was fraudulent and illegal.
g) A Declaration that by condoning the aforesaid illegalities, the 10th Respondent (Electoral Commission) is in breach of its statutory duty to ensure compliance with the provisions of the Political Parties and Organisations Act 2005.
h) An Order that the 10th Respondent should de-gazette the change of the party name appearing under General Notice Notice No. 838 of 2019, deregister the name of The National Unity Platform (NUP), and re-instate NURP as the legally recognized Party name and the gazette NURP Party Colours and symbols.
i) A Permanent Injunction restraining the 2nd 3rd, 4th, 5th, 6th ,7th Respondents, their servants, agents and any person deriving authority from them from holding themselves out as the elected political leaders of the NURP/NUP Party whereas not, from transacting any business in the name of or on behalf of or on behalf of the Party or exercising the functions, powers and duties attached to the party offices they illegally claim and occupy by virtue of the elections allegedly held on 14/7/2020.
j) A Permanent Injunction restraining the 8th & 9th Respondents, their servants and agents from recognizing NUP as a registered political party or organization, receiving any returns in the name of and/ or on behalf of NUP, or nominating any candidates for election on the NUP ticket.
k) An Order for general damages to the Applicants.
l) Costs of the Application.
The grounds of the application are specifically set out Notice of Motion and also in detail in the affidavits of Basile Difasi and Twala Hassan the Applicants herein, which shall be read and relied on at the hearing but briefly are that;
The subject of the application is the National Unity, Reconciliation and Development Party (NURP) which was gazette as a political party in the Uganda gazette of 13th/13/2004 and issued with a certificate of registration on 28th -12-2004. In 2019, without any colour of right and in breach of the Party’s Constitution, the 2nd and 10th respondents illegally changed its party’s name of the National Unity Platform and on 14/7/2020, the 2nd respondent illegally handed over it political leadership to the 3rd to 9th respondents.
The applicants are founder members of the said party and the 1st applicant doubles as a founding members of the party, its National Youth Secretary and member of the Party’s National Executive Committee whose consent and participation is necessary to amend the Constitution, elect new office bearers, nominate flag bearers and general running of the party.
In 2019, the 10th respondent-Electoral Commission acting on application by the 2nd respondent changed the party name from NURP to National Unity Platform under General Notice No. 838 of 2019 published in the Uganda Gazette dated 12/8/2019 illegally as the relevant Party organs were not consulted and did not pass the requisite resolution to change the party name under the NURP Party Constitution 2004.
On the 14th/7/2020 the 2nd respondent handed over the political leadership of the Party to the 3rd,4th, 5th 6th , 7th & 8th in an alleged extra ordinary Party Delegates Conference attended by 51 members who allegedly elected the 3rd-9th respondent as the new party leaders unopposed during the COVID19 such alleged extra-ordinary delegates conference if it ever occurred, was illegal, null and void for being in breach of the Party Constitution.
The 2nd to 7th respondents have taken over the party’s leadership and arrogated unto themselves political powers illegally without consulting party members or the supporting resolutions of the relevant party organs.
The applicants wrote a complaint to the 10 respondent against the above named illegalities on 3/8/2020 but the Electoral Commission has failed or refused to take action thereby breaching its statutory duties.
The respondents filed several affidavits in reply sworn by the parties themselves and Electoral Commission’s affidavit was deposed by Kiyingi Samuel-Principal Election Officer and Wanyama Kodoli from the Attorney General chambers opposing the application whose grounds are briefly that;
That on 22nd November, 2012, a request to change the party name to National Unity Party was made to the Electoral Commission but it was rejected due to failure by the party to adhere to the law. That on 4th February 2013, the party made another attempt at change of name to Independent’s National Unity Party and the same was also rejected. 2. That on 11th March, 2019, a re-submission of the earlier request to change from National Unity Reconciliation and Development Party (NURP) to Independent National Unity Party was rejected by the 10th respondent. On
11th March, 2019, the party held its 3rd Extra-Ordinary meeting at which a resolution to change its name was passed. 3. That on 14th June, 2019 a Notification of Intention to change the name was published in the gazette by the 10th respondent. On 12th August 2019 a Notice of Approval of change of Party name to National Unity Party was published in the gazette by the 10th respondent. 4. That upon publication of the Notification of Intention to change