Abandon court costs, we case - DP MPs tell NRM

Feb 21, 2015

Three DP politicians who petitioned court challenging last year's NRM delegates' conference have asked the latter to abandon pursuit of costs in exchange for dropping the case.


By Andante Okanya


KAMPALA - Three Democratic Party (DP) politicians who petitioned court challenging last year's NRM delegates' conference have asked the latter to abandon pursuit of costs in exchange for dropping the case.

The demand was made on Thursday at the civil division of the High Court in Kampala by lawyer Jude Mbabaali, who represents three opposition politicians, including two legislators.

They are Gonzaga Ssewungu (Kalungu East), Rebecca Nabukenya (Luwero Woman), and Church Ambrose Bukenya. Of the trio, Bukenya was the only one present in court.​

Court presided over by Justice Elizabeth Musoke had convened for the scheduling conference of the main case.

Costs incurred can only be calculated when the case has been determined. In the event that court awards NRM costs, they will have to file a bill of costs, detailing expenses incurred.

The case arose last year on December 2, with the politicians contending that the conference was called without notification to the Electoral Commission (EC).

They also assert that it was called without EC publishing the information in the official gazette as required by law.

The applicants also want court to pronounce that it is illegal for NRM to use Resident District Commissioners (RDC) for accreditation.

‘Overtaken by events’

The complainants are also opposed to the appointment of the secretary general, the treasurer, and their deputies, asserting that it must be elective, as enshrined in Article 71(d) of Uganda's Constitution.

In the main case, the trio assert that there were several constitutional breaches prior to the delegates' conference held last year on December 15.

Mbabaali stated that his clients’ intention to withdraw the case would hinge on NRM's willingness to abandon demands for costs.

He noted that the NRM constitutional amendments his clients sought to bar had already been overtaken by events.

"We wish to add that it was not the making of the applicants that the matter was overtaken by events. It is the discretion of court to grant withdrawal with no order to costs," Mbabaali said.

"If in the alternative counsel insists on costs, I have instructions to pursue the matter to its logical conclusion."

The lawyer was reiterating a stand reflected in a letter dated January 19, 2015 addressed to the court's registrar and copied to the NRM.

‘Less army uniform at retreat’

The letter acknowledges change of status quo, noting that Amama Mbabazi had since ceased being party secretary general.

But NRM lawyers Thomas Ocaya and Enoch Barata, declined. Ocaya stated that they had been instructed to demand for costs incurred.

He said their position is reflected in a response dated January 23, 2015, addressed to the registrar and copied to Mbabaali.

Accordingly, the judge scheduled March 9 as date for mediation presided over by the registrar.

She ordered the parties to inform her of the outcome of the mediation on May 5 or earlier in the event that a truce is reached.

Speaking outside court shortly after the adjournment, Bukenya explained that their clients' efforts had borne fruit.

He noted that it was evident that NRM had addressed some of the issues, like using the army uniform at the recent NRM retreat.

"Our spies were alert, and we were happy that this time round at the NRM retreat in Kyankwanzi, there was more of yellow than the army uniform," Bukenya said.
 

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