Kagimu wants the Constitutional Court to pronounce itself on legality of the current NRM constitution.
An NRM member, Hamzah Kagimu has filed a petition in the Constitutional Court challenging the legality of several political processes in the NRM party.
Kagimu, who also included President Yoweri Museveni and the Attorney General on the list of respondents wants the court to pronounce itself on the legality of the NRM Constitution, which in 2014 made the positions of party secretary general, treasurer and their respective deputies none elective.
The changes came in place by way of amendment of the old NRM constitution. This, Kagimu contends was unconstitutional and has since then stifled internal competitions which are key tenets of rule of law and constitutionalism.
Through his lawyers Turinawe, Kamba & Co. Advocates; and Sanywa, Wabwire & Co Advocates, Kagimu wants the Constitutional Court to pronounce itself on legality of the current NRM constitution and the actions of party chairman, which he says are inconsistent with 71(d) of the Uganda Constitution.
“The appointment of members by the 3rd respondent (President Museveni) as chairman of the 2nd respondent (NRM) instead of them being elected as required by the constitution contravenes Article 71 (d) of the constitution of the republic of Uganda …and is inconsistent with the supreme law of Uganda,” the petition said.
“Your humble petitioner thus contends that the acts and omissions done by the respondents in the spirit of appointing members of the said party instead of elections as the Uganda Constitution requires was grave contravention of the constitution.”
After filing the petition, Kagimu told New Vision: “What you saw in Arua a few weeks ago would not have happened had we not been experiencing those problems. We lost Rukungiri, Bugiri, Arua and Jinja by-elections not because the party is weak, but because there is disorganization in the party.” He said this has resulted from leaders fighting each other instead of working for the good of the party.
When contacted, NRM spokesperson, Rogers Mulindwa told Saturday Vision that he had seen the petition yet. “When we receive it, our legal department will deal with it and then we shall forward it to Central Executive Committee (CEC),” he said.
However, he wondered how anybody would challenge current party constitution, which was a product of National Conference of the party.
“There are people within us who are fighting battles. Let me assume, those boys (petitioner) are not being used by some figures,” he said.