Court dismisses DP-NRM co-operation agreement petition

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The Constitutional Court has dismissed a petition challenging the signing of a co-operation agreement between the Democratic Party (DP) and the ruling National Resistance Movement (NRM) party. The agreement was signed by DP president general Nobert Mao and NRM chairperson President Yoweri Museveni.

The petition (no: 0026 of 2022) filed by six DP members, including the Mityana South Constituency Member of Parliament (MP), Richard Lumu and Buikwe South Constituency MP Michael Lulume Bayigga, alleged that the agreement was unconstitutional. 

Other petitioners include Bukoto Central MP Richard Sebamala, Kyotera County MP John Paul Lukwago, Mukono South MP Fred Kayondo and Kyotera District Woman MP Fortunate Nantongo.

In a unanimous decision delivered today, March 2, 2026, in Kampala city, five judges, led by Dr Asa Mugenyi, ruled that the co-operation agreement did not violate the Constitution of Uganda. The court also held that DP President Norbert Mao, who is also justice minister and other DP members serving in the Cabinet did not violate the Constitution by signing the agreement.

“This court dismisses the petition on the grounds that the co-operation agreement did not violate the Constitution as alleged,” Mugenyi ruled.

“Norbert Mao and other DP members serving in the Cabinet of Uganda did not violate the Uganda Constitution. Agreeing to jointly support motions for the good of the country was also not a violation of the Constitution,” he added.

Bukoto Central Member of Parliament, Richard Sebamala, was one of the petitioners in the DP-NRM cooperation agreement. (Photo by Isaac Nuwagaba)

The petitioners had argued that the agreement, which included a clause to jointly support motions for the good of the country, was unconstitutional. However, the court disagreed, stating that the agreement did not contravene the Constitution.

Thank you

DP was represented in court by Semuyaba, Iga and Company Advocates. Party electoral committee chairperson Kennedy Mutenyo expressed gratitude to those who supported them throughout the process, including DP members who attended the court hearing despite challenging weather conditions.

“The dismissed petition is seen as a victory for the DP-NRM alliance, which has been working together on various initiatives. The co-operation agreement aimed to promote national unity and development, and its upholding by the court is expected to strengthen the partnership,” Mutenyo said.

This is not the first petition the Courts of Uganda have thrown out since Mao came to lead DP 15 years ago.

On September 8, 2025, the High Court sitting in Mbarara dismissed the petition challenging the legitimacy of Mao's leadership and the other 54 leaders within the party following the controversial delegates conference that took place at Asamar Gardens in Ruti, Mbarara city.

DP has since demanded reimbursement for costs incurred during the legal proceedings of all court petitions since 2021 in excess of shillings one billion, including the one which sought to nullify Mao’s fourth term bid to lead a 72-year-old party.

“We demand in excess of sh1b given the financial burden that was imposed on the party by the petitioners since the chaos started way back after the 2021 elections when we joined the cooperation agreement with the ruling National Resistance Movement (NRM) government,” DP secretary general Gerald Siranda said.

These expenses do not only originate from this petition but also from the other 7 different court rulings from different judges who ruled that the petitioners who lost against DP party should pay all the legal costs incurred during court representations.

“I was in Albania recently when I was called by our legal team to come back and sign on the jurats as a legal requirement to allow party lawyers to represent DP in court, all at exorbitant costs,” Siranda said.

“The party has been spending a lot of money on baseless issues which would have been ably handled by our internal disciplinary functionalities as provided by the DP party constitution but our members have been undermining our authority to take internal party matters in court,” he claimed.

In a ruling that was delivered by Mbarara High Court Judge, Justice Allan Paul Nshimye, on objection, said the applicants did not exploit existing internal remedies available within the political party structure before filing the application for judicial review.

“A court’s inherent jurisdiction should not be invoked where there is a specific statutory provision which would meet the necessity of the case. The rationale is that such is the only way institutions and their structures will be respected and strengthened,” he ruled.

Those present included DP party chairperson Dr Kiwanuka Sempala Mayambala, Simon Peter Omalinga (Kumi Municipality) and Edith Byanyima, the daughter of historical party leader Boniface Byanyima.