FDC Chairman Petitions court over nomination

Oct 02, 2020

Court documents indicate FDC did not accord Asiimwe the opportunity to be heard in accordance with the law and principles of natural justice.

COURT|POLITICS|FDC|ELECTIONS

KAMPALA - The current Chairman, Forum for Democratic Change (FDC) for Nakawa, Kampala, has petitioned the court, saying the third-placed candidate for Nakawa West MP seat was declared winner.

Robert Asiimwe filed a suit, Thursday, at High Court civil division, seeking for an order quashing the decision of FDC nominating Wilberforce Kyambadde as flag bearer.

 Asiimwe laments he was nominated and recommended by FDC Nakawa district Executive Committee.

Court documents indicate FDC did not accord Asiimwe the opportunity to be heard in accordance with the law and principles of natural justice.

The petitioner says he was later surprised when his nomination was cancelled by the district executive Committee and instead appointed Kyambadde who was distant third in the vetting process.

According to the court documents, the party's aforesaid decision and action is arbitrary, irrational and ultra vires the law and principles of natural justice.

The applicant states that the party did not make a formal communication of the decision but simply refused to endorse his Electoral Commission nomination forms as is required by the law when sponsoring a candidate and sponsored the second respondent (Kyambadde).

"As a result of the respondent's actions, the applicant has suffered psychological, anguish, embarrassment, anxiety and loss through making various posters and stickers," he asserts.

In his affidavit, Asiimwe asserts that in August 2020, upon the creation of Nakawa West Constituency by the parliament, he developed an interest in contesting for the position of MP Nakawa West.

"All the intending candidates for the position were invited to lodge their documents and expression of interest in contesting the position of MP with FDC'S Nakawa District Executive Committee," reads part of the court documents.

He adds that upon submission of the names of successful aspirants for the seat on August 29, 2020 for endorsement, the party's electoral commission inexplicably invited him and Kyambadde for a meeting at the party's headquarters.

"Upon attending the said meeting, I was informed that there was a doubt regarding my academic Certificate for Advanced Level Education despite availing the original certificate and as such the EC had decided arbitrarily to award the flag to Kyambadde and my nomination forms which I had submitted for endorsement by the party were returned to me," reads part of the affidavit.

He wants an order to be reinstated as flag bearer to contest for the position of MP in the said constituency.

Asiimwe also wants the court to award him general damages and costs of the application to be paid by the respondents jointly.

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