NUP ownership battle goes to court

Two men have petitioned court, seeking to deregister the National Unity Platform (NUP) party, headed by Kyadondo East Member of Parliament Robert Kyagulanyi, popularly known as Bobi Wine.

Through Ogwado, Byamukama, Kaboneke and Acellam Collins Advocates, Difas Basile and Hassan Twala contend that the defendants changed National Unity, Reconciliation and Development Party (NURP) to NUP, which, according to them, is illegal.

On Monday, the complainants, who claim to be the founder members of NURP, filed the suit at the Civil Division of the High Court against Kyagulanyi, NUP, Moses Nkonge Kibalama, David Lewis Rubongoya, Aisha Kabanda, Joel Ssenyonyi, Flavia Kalule Nabagabe, Fred Nyanzi Ssentamu and Paul Ssimbwa Kagombe.

NUP party members were sued alongside the EC and the AttorneyGeneral (AG), who is the principal legal adviser to the Government. The petitioners want the Electoral Commission (EC) to stop recognising NUP and to degazette it.

"NUP has no file, but it went to the party's register and changed the file of NURP to NUP, which is illegal," lawyer James Byamukama purports. Court documents indicate that NURP was formed in 2004.

Byamukama adds: "The 2021 election roadmap is on and those, who hijacked the party are busy nominating themselves as flag-bearers. This needs to stop so that the case is heard and disposed of so that we know the true owner of the party".

Declarations

The complainants seek a court declaration that the resolution nominating Kyagulanyi as NUP presidential flag-bearer in the 2021 general election is illegal and in contravention of the party constitution.

They want EC to de-gazette the change of the party name appearing under general notice number 838 of 2019 to deregister the change of name to NUP and reinstate NURP as the legally recognised party name, the gazetted NURP party colours and symbols.

The applicants further want a permanent injunction restraining Government, EC, their servants or agents from recognising NUP as a registered political party or organisation, receiving any returns in the name of and or on behalf of NUP or nominating any candidates for election on the NUP ticket.

Background

Court documents indicate that NURP was gazetted as a political party in Uganda on December 13, 2004 and issued a certificate of registration on December 28, 2004.

The petitioners, however, purport that in 2019, without any colour of right and in breach of the party constitution, Kibalama and EC illegally changed its party name to NUP and on July 14, 2020, illegally handed over its political leadership to Kyagulanyi and Ssimbwa Kagombe.

According to court documents, the petitioners are the founders of NURP. It further indicates that Basile doubles as a founding member of the party, its national youth secretary and member of the party's National Executive Committee (NEC), whose consent and participation is necessary to amend the party constitution and elect new office-bearers.

The petitioners contend that in 2019, the EC, acting on an application by Kibalama, changed the party name from NURP to NUP under general notice number 838 of 2019, published in the Uganda Gazette dated August 12, 2019.

"This was illegal, because the relevant party organs were not consulted and did not pass the requisite resolution to change the party's name under the NURP party constitution 2004," Basile asserts.

Court documents indicate that on July 14, 2020, Kibalama handed over the party's political leadership to Kyagulanyi and his colleagues during an alleged extraordinary party delegates conference attended by 51 people.

"The alleged extraordinary delegates conference, if ever occurred, was illegal, null and void for being in breach of the party constitution. The list of the founder members/subscribers in the NURP party constitution, 2004 was fraudulently altered to further the aforesaid illegalities," he added.

Particulars of fraud

The particulars of fraud, according to the petitioners, include variations in the font used, conflicting dates on pertinent documents and omission of many well-known founder members on the list that is subsequently attached to the constitution.

Those not included on the list include ambassador Sam Ssekajja, the first party president, Henry Mulindwa, the first national treasurer, Joseph Nyanzi, the second vice-president and Yolam Twala of Kapchorwa.

The plaintiffs assert that Kibalama, who was the vice president to ambassador Ssekajja, breached the party constitution by handing over its leadership to Kyagulanyi and other defendants without consulting party members or the supporting resolutions of the relevant party organs.

The two men claim that the defendants have illegally usurped the political leadership of the party, based on a non-existent and illegal extraordinary delegates conference, allegedly convened by Kibalama on July 14, this year.

"We consulted among ourselves and decided to seek legal advice. We then instructed Byamukama, Kaboneke and Company Advocates to conduct a search in the party register and take legal action on our behalf in order to preserve the party," Basile states.