UPC leadership row court verdict for May 6
Apr 23, 2015
The court verdict on the Uganda People''s Congress(UPC) party leadership row is scheduled for delivery on May 6.On Tuesday, Justice Stephen Musota of the civil division of the High Court in Kampala fixed the date after hearing submissions from the lawyers.
By Andante Okanya
The court verdict on the Uganda People's Congress(UPC) party leadership row is scheduled for delivery on May 6.
On Tuesday, Justice Stephen Musota of the civil division of the High Court in Kampala fixed the date after hearing submissions from the lawyers.
The case arose this year on March 16, when two legislators legislators Betty Amongi(Oyam County South) and Fred Ebil(Kole County), filed an application for judicial review.
They are challenging Dr Olara Otunnu's stewardship, contending that he has declined to depart despite the expiry of his five-year term this year on March 13. Otunnu was elected party president on March 13, 2010.
The duo wants court to quash Otunnu's decision to delegate powers of the presidency to the secretary general Jacinto Ogwal.
Amongi is married to Jimmy Akena, who has expressed interest in the party presidency. Akena is a son of the founding President , the late Milton Obote.
They are also demanding that Otunnu be compelled to convene the party's delegates' conference and national council to elect a new party president.
The legislators were present in court with their lawyers Hassan Kamba and Julius Turinawe. Lawyer Charles Dalton Opwonya made submissions in favour of Otunnu and the party.
Turinawe submitted that Otunnu actions after expiry of his term are unlawful and contrary to Article 26 of the UPC party Constitution which spell out the president's tenure of office.
"Dr Otunnu's actions are ultra vires(beyond mandate) the party Constitution, which is not done in the interest of the party," Turinawe stated, asking court to pronounce that Otunnu and his executive are acting illegally.
He asserted that the party constitution mandates the party president to organise meetings a year before expiry of his term.
Kamba submitted that the legislators case was justified on grounds that the party risks the wrath of the Electoral Commission(EC) for betrayal of public trust.
He rubbished the party's road map released on April 9, describing it as malicious and crafted to suit Otunnu's whims.
"The malignant road map is illegal, as it was made by the UPC president single-handedly," Kamba asserted.
Adding: "UPC is behind schedule and risks reprimand from the EC, which could even de-register the political party."
But Opwonya asked court to dismiss the case on grounds that the legislators query is illogical, since the 2016 road map is already in motion.
"The application seeks court to do what is already going on. The road map is already in place," Opwonya stated.
Citing Otunnu's affidavit in reply to the legislators assertions, Opwonya explained that the issue of not convening meetings, should not be blamed on Otunnu.
He attributed it to lack of funding, noting that "the party mandated Otunnu him but did not facilitate him" to convene the meetings.
On the issue of delegation of powers, Opwonya noted that article 14(3)(e) gives the party president mandate to delegate his powers where necessary.
On Otunnu's continued stay, he reiterated Otunnu's stance that he did not resign as purported but simply stated that he would not seek re-election.
"Incumbents hand over power to new comers. The do not run away before elections," Opwonya stated.
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