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The court advises the petitioner to form his own party if NRM is too slow for him
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The court advises the petitioner to form his own party if NRM is too slow for him

The High Court in Kampala has advised Daniel Obal to consider forming his own political party or join another party that aligns with his ambitions as the court will not intervene to fast-track his rise to the position of president of the Movement Youth League National Resistance (NRM) earlier than the schedule or party schedule.

The advice was given on Friday in a judgment handed down by Civil Division Judge Musa Ssekaana following Obal’s unsuccessful petition against seven NRM Special Interest League leaders whom he accused of extending their mandate beyond five years illegal.

The leaders are; Gaddafi Nasur (President NRM Youth League), Dominic Mafabi Gidudu (President NRM Elders League), Mwesigwa Rukari (President – NRM Entrepreneurs’ League), James Tweheyo (President – NRM Worker’s League), Gen Jim Muhwezi President (NRM Veterans League), Gabriel Kato (President NRM PWD) and Lydia Wanyoto who is (President NRM Women League).

Obal asked the court to issue a temporary injunction restraining the respondents from convening, attending or unlawfully participating in any meetings in their capacity as presidents of the respective leagues in the NRM and in their extended capacity as members of the Central Executive Committee of the NRM until the hearing. and determining the main suit.

He also asked the court to prevent him from receiving any remuneration.

He alleged that the illegal actions of the respondents caused damage and that they have illegally held office since 2020 despite the expiry of their five-year mandate as stipulated in Article 46 of the NRM Party Constitution.

According to Obal, these respondents allegedly convened meetings, received benefits and renewed their mandate through resolutions, contrary to the party’s constitution. He further told the Court that their civic right to participate in party elections and contest for office has been violated and this cannot be adequately compensated by compensation.

James Tweheyo, on his part, swore an affidavit representing the defendants and opposed the granting of the orders sought on the grounds that the application had no legal basis and contained defective pleadings.

The court heard that it was an abuse of judicial process, frivolous and malicious and did not show a cause of action against the League presidents.

According to the respondents, Obal had no status because he was not a member of the League/Electoral College and the Central Executive Committee (CEC) legally extended the mandate of the officials according to the party constitution.

In his ruling, Justice Ssekaana said Obal challenged the continued tenure of seven MNR functionaries after their expiry in 2020. However, the CEC of the NRM, while exercising its constitutional powers as a party, decided to extend the tenure in following the COVID-19 pandemic.

Justice Ssekaana said that once there is an internal dispute resolution mechanism or procedures, they must be followed to avoid excessive interference by the courts in the parties’ internal affairs.

“The man who joins a society, as in the case of a political party, must abide by the will of that association or withdraw, if a man is a member of such an association, when he takes a decision he does not accept, a decision might be contrary to common sense, he has only one course open, and that is to get out,” Justice Ssekaana said.

According to the judge, such a man must stay or leave as voluntarily as he entered.

“Freedom to associate within a political party is not by conscription and what is morally reprehensible may not be legally punishable. Any party dissatisfied with the manner in which the party conducts its business or conducts its business or affairs is at liberty to withdraw and no court. he will have the power to involve himself in the internal affairs of a political party,” he said.

He thus rejected Obal’s request on the grounds that it was premature as the NRM had already issued its electoral roadmap, a gradual process that starts from the grassroots.

“The plaintiff cannot impose his wishes on an entire political party and if he feels that the party is too slow for its speed according to the road map, then he is free to ‘jump ship’ and form his own political party or to join another party. at his speed,” added Ssekaana.

Accordingly, he continued and dismissed the main suit.