Court dismisses suit blocking NRM primaries

COURT|POLITICS|ELECTIONS|NRM

KAMPALA - Court has dismissed with costs an application in which lawyer Jackson Ntwatwa sought to block the National Resistance Movement (NRM) primaries.

The lawyer had sought an interim injunction against NRM, restraining it from conducting the remaining primaries, pending hearing of the main application on September 29.

However, Justice Michael Elubu on Friday dismissed the application, saying the applicant is not a candidate in any of the upcoming elections. The last primary elections will be conducted on October 6.

"From the attached roadmap, the remaining elections are for Special Interest Groups representatives at local government level. There shall also be elections for several other office political bearers, where the applicant is not a candidate," he said.

The court heard that Ntwatwa was a candidate in NRM's elections held on September 4, for the Member of Parliament for Nakifuma County in Mukono district, but lost.

The judge said Ntwatwa seeks to declare the elections held on September 4, illegal (and consequently annulled) and hence maintaining the schedule for the remaining electrons does not pose a threat to the hearing of his main application.

"The applicant did not adduce evidence showing that allowing the remaining elections to be conducted would occasion him an irreparable harm or damage," he said. The court also agreed with NRM's lawyer, Usaama Sebuufu, that NRM's electoral commission has no corporate personality and cannot be sued in its own name.

The judge said NRM electoral commission has no corporate personality because it is an organ of NRM created under Clause 39 (7) of its constitution.

He cited section 6 (3) of the Political Organisations Act, 2005 that stipulates a registered political party shall be a body corporate with perpetual succession, may sue and be sued in its corporate name.

"In the circumstances, any proceedings commenced against NRM electoral commission are incompetent and a nullity. It is, therefore, struck off the application," he ruled.

Arguments

Ntwatwa averred that in July this year, NRM issued a road map for the election of flag bearers.

He said he was subsequently nominated to run for the Nakifuma Constituency MP seat and issued with a final road map showing the polling day as September 10, 2020 but to his surprise, it was changed to September 4.

He, therefore, argued that the change in date was illegal and irregular because it affected his prospects of victory since his voters were not aware of the polling day.

On the other hand, Sebuufu submitted that the application was misconceived, brought in bad faith and an abuse of the court process. He argued that NRM is conducting its primary elections on the dates stated in the final roadmap from which it will identify flag-bearers.

Sebuufu said the grant of an interim application would paralyse the entire political activities of NRM, resulting in its failure to participate both at a national and district level.