Court clears Museveni on NRM Secretariat appoints

KAMPALA - The Constitutional Court has absolved President Yoweri Museveni in a case where a citizen sued him, claiming that the appointment of National Resistance Movement (NRM) secretariat officials was illegal. 

In 2018, a one Hamzah Kagimu sued the Attorney General, NRM and its chairperson (Museveni), claiming that the President was overstepping his powers by appointing NRM’s secretary general, deputy secretary general, treasurer and deputy treasurer. 

Kagimu argued that the amendment of NRM’s constitution, which removed the election of the stated office holders and replaced it with their appointment, was unconstitutional.

However, in a 4:1 decision, the Court of Appeal justices held that the impugned provisions of the NRM constitution do not contravene Article 71(1)(d) of the Constitution of Uganda, which provides for democratic principles that a political party should follow. 

“The act of appointing the secretary general, deputy secretary general, treasurer and deputy treasurer by the NRM chairman is not in contravention of or inconsistent with Article 71(1) (d) of the Constitution,” Justice Moses Kawumi Kazibwe ruled. 

Justices Kazibwe, Dr Asa Mugenyi, Hellen Obura and Eva Luswata dismissed the petition, while Frederick Egonda-Ntende dissented. 

The justices dismissed the petition on the grounds that it does not raise a question for constitutional interpretation. 

According to the justices, the petitioner’s claim that his and other members’ right to vote for the four NRM secretariat officials was violated by the NRM chairperson, is a matter that ought to have been filed in a competent court [High Court] for enforcement of breaches of the NRM constitution. 

The justices noted that the said officials are members of the NRM national organs by virtue of occupying the offices they hold, and that there is no limitation imposed upon their rights other than being non-voting members. 

The justices observed that the spirit of Article 7l(l)(d) of the Constitution was to ensure that political parties adhere to democratic principles. 

In a judgment dated May 27, 2025, the justices noted that the four secretariat officials are ex-officio members appointed by the NRM chairperson with the approval of the Central Executive Committee.

The National Executive Committee is composed of the NRM national chairperson, vice-chairpersons, chairpersons of the NRM parliamentary caucus, chairpersons of the national special league committees, and chairpersons of commissions.

Legal representation 

At the hearing of the petition, neither the petitioner nor his lawyer showed up in court.
However, the petitioner had filed written submissions, which were on court record. 

On the other hand, the Attorney General was represented by senior state attorney Geoffrey Madete and state attorney Brian Musota, while NRM and its chairperson were represented by lawyer Umar Sebuufu from K&K Advocates.

Wrong parties sued 

The justices said the NRM chairperson is not liable to proceedings in any court save for a petition challenging the validity of the election of a presidential candidate. 

“The instant petition against the NRM chairperson not being a presidential election petition, offends Article 98(4) of the Constitution. Therefore, the petition is not tenable against the NRM chairman,” Kazibwe ruled. 

The justices also said the petition ought to have been brought against the NRM electoral commission and not the Attorney General, since the petitioner claims that the NRM electoral commission’s actions violated the Constitution of Uganda.