COURT | NRM | EALA CONTESTANTS

KAMPALA - “If the applicants are aggrieved by the National Resistance Movement (NRM) party’s central executive committee decision and feel they cannot politically breathe, they are at liberty to leave the party,” a High Court judge has advised East African Legislative Assembly (EALA) aspirants. 

Justice Musa Ssekaana’s advice came Tuesday as he dismissed, with costs, a case filed by 23 EALA aspirants who sued the NRM and its electoral commission over the decision to retain the six incumbent legislators at the East African parliament. 

“The application fails and the preliminary points of law and objections are upheld. The application is dismissed with costs to the NRM and its electoral commission,” ordered Ssekaana, who heads the Civil Division of the High Court. 

The aspirants, led by Jossy Nuwabine, had contended that the resolution by the NRM central executive committee, the party’s top organ, to maintain only six candidates out of 130 aspirants who wanted to contest for the seats without holding valid elections, was tainted with illegality and discriminatory. 

The ruling was sent to e-mails of lawyers representing each of the parties. 

NRM was represented by Anthony Bazira and Usaama Sebuufu, while Robert Rutaro represented the aspirants. 

The other applicants were Julius Maganda, Ronald Musoke, Ruth Karungi Tukahirwa, Isa Kato, Herbert Nuwagaba, Dr Isaac Lwanga Byangire, Samuel Mugenyi, Sheilah Kyasiimire, German Amanya, Robert Kyaguba and Adonia Abigaba. 

Others were Ambrose Nampwera, L.B. Rwebisengye, Richard Kizito, Moses Ategeka, Robert Webale, Samuel Kawooya Kigongo, Gilbert Agaba, Micheal Asiimwe, Emmanuel Kiembo, Ivan Mutsika and Lauben Bwengye. EALA is a legislative organ of the East African Community consisting of members elected from outside the national parliaments of the partner states. 

The regional parliament, based in Arusha, Tanzania was established under Article 9 of the EAC Charter. 

Ssekaana said the aspirants accepted to take part in the electoral process through the party guidelines, which required vetting by the central executive committee, and therefore, the court could not approbate and reprobate (approve and at the same time reject) by challenging the same system. 

The court heard that the central executive committee sat and considered 63 contestants after 67 withdrew their expression of interest. 

However, out of the 63 contestants, the CEC recommended six contestants. 

They include Rose Akol Okullu, James Kakooza, Mary Mugyenyi, Paul Mwasa, Dennis Namara and George Stephen Odongo.

Jurisdiction 

Ssekaana said courts had no power to compel a political party to sponsor a candidate outside the thin and limited powers conferred under the Political Parties and Organisation Act. 

“Matters relating to nomination of a candidate of a political party are regarded as domestic affairs and are treated as not justiciable,” he said. The judge said the NRM constitution sets out the mechanism for resolving electoral disputes, which must be explored in order to avoid court interference in internal politics. 

“The law should not leave the political parties unregulated or unmonitored since this will eventually make the democratic system unmanageable. This will hinder the progress, national unity, good governance, and growth of a healthy democratic culture,” he noted.