DP secretary general illegal - court
Oct 26, 2009
THE High Court yesterday nullified the election of Mathias Nsubuga as the secretary general of the Democratic Party (DP).
By Charles Ariko
THE High Court yesterday nullified the election of Mathias Nsubuga as the secretary general of the Democratic Party (DP).
Nsubuga, the Bukoto South MP, was elected on August 1 last year amidst contests by some members of the national council of the party.
MP Bayigga Lulume, the deputy secretary general also contested for the post but lost it to Nsubuga by four votes.
Justice Yorakamu Bamwine also ruled that Ssebaana Kizito, the DP president, chaired the meeting that elected Nsubuga illegally.
“It is very clear to me that the president general’s act of chairing the national executive committee meeting contravened the party constitution, rendering all decisions null and void,†Bamwine said.
“Worse still, there was no formal communication and agenda circulated to members prior to the meeting alerting National Council members and all stakeholders on a motion to fill the vacancy of the office of the Secretary General of the party.†The ruling was delivered by the registrar of the civil division, Isaac Muwaata, in the presence of the lawyers who represented the party and those who represented the members of the national council who challenged Nsubuga’s election.
Bamwine said the failure to advertise the post to the entire membership of the DP prior to the election violated article 9(b) and (c) of the party constitution.
“In my view, the two meetings (national executive committee and national council) were not legally held. Consequently, the election of Nsubuga Mathias as secretary general was in violation of the party’s constitution,†Bamwine ruled.
The party was dragged to court by six members of the national council who challenged Nsubuga’s election.
They included Peter Ochieng, the regional representative for eastern and John Tusiime, the deputy national organising secretary.
Gerald Kobwemi, Paul Luyombya, Hussein Lubega and Noelina Namugenyi also contested Nsubuga’s election.
THE High Court yesterday nullified the election of Mathias Nsubuga as the secretary general of the Democratic Party (DP).
Nsubuga, the Bukoto South MP, was elected on August 1 last year amidst contests by some members of the national council of the party.
MP Bayigga Lulume, the deputy secretary general also contested for the post but lost it to Nsubuga by four votes.
Justice Yorakamu Bamwine also ruled that Ssebaana Kizito, the DP president, chaired the meeting that elected Nsubuga illegally.
“It is very clear to me that the president general’s act of chairing the national executive committee meeting contravened the party constitution, rendering all decisions null and void,†Bamwine said.
“Worse still, there was no formal communication and agenda circulated to members prior to the meeting alerting National Council members and all stakeholders on a motion to fill the vacancy of the office of the Secretary General of the party.†The ruling was delivered by the registrar of the civil division, Isaac Muwaata, in the presence of the lawyers who represented the party and those who represented the members of the national council who challenged Nsubuga’s election.
Bamwine said the failure to advertise the post to the entire membership of the DP prior to the election violated article 9(b) and (c) of the party constitution.
“In my view, the two meetings (national executive committee and national council) were not legally held. Consequently, the election of Nsubuga Mathias as secretary general was in violation of the party’s constitution,†Bamwine ruled.
The party was dragged to court by six members of the national council who challenged Nsubuga’s election.
They included Peter Ochieng, the regional representative for eastern and John Tusiime, the deputy national organising secretary.
Gerald Kobwemi, Paul Luyombya, Hussein Lubega and Noelina Namugenyi also contested Nsubuga’s election.