Pay nomination fee or stand as independent - NRM lawyer

By Betty Amamukirori

NRM lawyer, Kiryowa Kiwanuka yesterday refuted allegations of a law student, James Okori, that the party charges an exorbitant fee for nominations.

He told court presided over by Justice Yasin Nyanzi that NRM is a voluntary political association and those who prefer to subscribe to it must follow its guidelines. “You either pay nomination fees or stand as independent”. 

Kiwanuka submitted that NRM as a party has set regulations and paying nomination fees by those who wish to join it and contest under its ticket must pay the requisite fee. He said these are all enshrined in the party’s constitution.

“If he (Okori) thinks the nomination fee of the party is excessive and he cannot afford to pay, let him contest as an independent,” Kiwanuka told court.

This was a counter submission on application where Okori is seeking an injunction stopping the ongoing NRM party nominations for being tainted with a lot of irregularities.

He also wanted court to declare that participants in the primaries are not obligated to pay nomination fees to the party and that party members are free to re-contest in case they lose in the primaries.

Through his lawyer Isaac Ssemakadde, Okori wanted court to direct the party to refund nomination fees already collected because it was illegally done. 

In his affidavit, Okori who also intends to contest for Busiro South parliamentary seat in Wakiso district accused the party for interfering with his and other people’s rights and freedoms through charging excessive fees and restricting a party member from re-contesting in case he/she loses the primaries. 

In response, Kiwanuka said in order for an act to be found illegal in Uganda, there must be a specific provision of law which bars that act that is broken. Therefore, his case lacks merit because the issues raised are not for judicial review.

He said issues such as nomination fees and infringement on a person’s constitutional rights cannot be dealt with in a judicial review.

Kiwanuka argued that it is not a constitutional right for a person to participate in the affairs of NRM.  “You do not have a propriety right in the party, but only have a right to associate and court cannot decide on that.”

He said court has the mandate to only question the process the party took to come up with the sh2m fee, but not the amount. He accused Okori of being speculative and failing to specify how the party’s guidelines and regulations will affect him.

However, Ssemakadde maintained that his client will suffer irreparable damage in case the party nominations are left to proceed because he will not be able to exercise his constitutional right to stand for a leadership position.

Meanwhile, Justice Yasin Nyanzi has set July 24, for a ruling on the application.