The Civil Division of the High Court in Kampala has dismissed a case challenging the change of leadership of Robert Kyagulanyi’s National Unity Platform party.
Two members of the National Unity and Reconciliation Party dragged Kyagulanyi and a series other NUP party of illegally taking over the leadership of the party.
However, on Wednesday morning, Justice Musa Ssekaana threw out the application.
In a ruling that was delivered by email, Sekaana said: “The judicial review guidelines or rules equally provide for locus standi and this would have been the threshold before the applicants would seek to challenge actions of the party.
“This court declines to entertain the application since it was not brought under any known procedure and secondly it was made to avoid the time limit of 3 months within which an application for judicial review should have been brought.
In August, Difas Basile and Hassan Twala petitioned the court, contending that the change of name from the National Unity Reconciliation and Development Party (NURP) to NUP was illegal.
The petitioners, therefore, had also asked the Electoral Commission (EC) to stop recognising NUP and to de-gazette it.
The complainants, who had claimed to be the founder members of NURP, filed the suit at the Civil Division of the High Court, against Kyagulanyi, NUP, Moses Nkonge Kibalama, David Lewis Rubongoya, Aisha Kabanda, Joel Ssenyonyi, Flavia Kalule Nabagabe, Fred Nyanzi Ssentamu and Paul Ssimbwa Kagombe.
NUP party members were sued alongside EC and the Attorney General (AG), who is the principal legal adviser to the government.
But Justice Musa Ssekaana has thrown out the application filed by group saying it was not brought under any known procedure.
“This court declines to entertain the application since it was not brought under any known procedure and secondly it was made to avoid the time limit of 3 months within which an application for judicial review should have been brought,” the judge said, adding:
“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 a party. It is an abuse of court process,” Justice Ssekaana ruled.
Justice Sekaana ordered Kibalama and other to pay costs.
Reacting to the court ruling, Bobi Wine said that without a doubt, National Unity Party, is the next ruling party of the Republic of Uganda.
“To God be the glory!
While we thank God for this judgment, we have to be reminded that this was a bogus case. This case was brought to slow us down”.
He added: “I salute the comrades that had faith in us. You are the real heroes and revolutionaries”.
Party spokesperson Joel Ssenyonyi said today is a great day in the history of our country and supporters of NUP.
“It is a time for us to rejoice, it is however not the time to give up the battle, we have just begun”.
“The Lord has shown us today that He is on our side. We thank God, our supporters, and everyone who has been praying for us”