Africa-Press – Uganda. A faction of founding members of the National Unity Platform (NUP), Uganda’s leading opposition political party, has petitioned the High Court seeking a temporary injunction to halt upcoming party elections and the planned delegates conference, citing constitutional irregularities.
In an application arising from Civil Suit No. 165 of 2024, Paul Ssimbwa Kagombe, Moses Nkonge Kibalama, Moses Luyinda, Delwilbert Omomy, and Emmanuel Joseph Kasirye are asking the Civil Division of the High Court in Kampala to issue orders barring key NUP officials, including party president Robert Kyagulanyi (Bobi Wine), from conducting party activities until the resolution of the main suit.
The application seeks a temporary injunction against the top six NUP leaders and the Electoral Commission, which is listed as the seventh respondent.
The applicants claim the current NUP party constitution on file with the Electoral Commission is a “falsified” version of the original 2004 constitution of the National Unity, Reconciliation and Development Party (NURP), from which NUP evolved.
They argue that all actions and decisions made by Kyagulanyi and other senior NUP figures — including Secretary General David Lewis Rubongoya, Spokesperson Joel Ssenyonyi, Treasurer Fred Nyanzi Ssentamu, and Secretary for Mobilisation Benjamin Katana — are based on this contested constitution and are therefore illegal and invalid.
“The purported new constitution is being used to exclude founding members from the party’s leadership structure and membership register,” reads the affidavit sworn by the lead applicant, Ssimbwa Paul Kagombe.
“We are being disenfranchised through a fraudulent overhaul of the party’s governance framework.”
The petitioners also want the court to bar the Electoral Commission from releasing public funds to NUP or recognizing the party’s leadership, until the authenticity of the party’s constitution is resolved.
They further request that the current party register be preserved and protected from alteration.
The heart of the dispute lies in whether the constitution currently governing NUP was lawfully adopted.
The plaintiffs argue that it was secretly altered following a controversial delegates conference in 2020 and that subsequent actions — including the endorsement of leaders and structural changes — are based on this unauthorized document.
The main suit, Civil Suit No. 165 of 2024, seeks sweeping declarations: that the current NUP leadership is unlawfully constituted, that the constitution is null and void, and that all party activities undertaken under its authority are invalid.
The plaintiffs also demand that the Electoral Commission restore the original 2004 constitution and expunge the disputed version from its records.
Notably, they also seek an order barring the current top leadership from holding public office or participating in elective politics for a period of 10 years if found guilty of fraud.
In a Joint Scheduling Memorandum submitted to the Court, all parties acknowledged the core issues for determination, including the authenticity of the NUP constitution and the legality of the activities undertaken by the current leadership.
The Electoral Commission, for its part, has denied any wrongdoing, insisting it has administered its regulatory duties neutrally and in accordance with the law.
The case is shaping up to be one of the most consequential legal battles in recent Ugandan political history, with implications for the internal governance of political parties and the accountability of opposition leadership.
A hearing date for the injunction application is expected to be set soon.
Source: Nilepost News
For More News And Analysis About Uganda Follow Africa-Press
