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Court advises petitioner to form his own party if NRM is too slow for him
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Court advises petitioner to form his own party if NRM is too slow for him

The Kampala High Court has advised Daniel Obal to consider forming his own political party or joining another that aligns with his ambitions because the court will not intervene to accelerate his rise to the position of president of the Movement Youth League. National Resistance (NRM), in power, before the party time or schedule.

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

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

Obal had asked the court to issue a temporary injunction restraining the respondents from unlawfully convening, attending or participating in any meeting in their capacity as presidents of their respective leagues in the NRM and in their expanded capacities as members of the NRM Central Executive Committee until the audience. and determination of the main claim.

He also asked the court to stop them from receiving emoluments.

He alleged that the defendants’ illegal actions have caused harm and that they have held office illegally since 2020, despite the expiration of their five-year terms as stipulated in Article 46 of the NRM Party Statutes.

According to Obal, these defendants allegedly called meetings, received benefits and renewed their mandates through resolutions, contrary to the party’s constitution. Furthermore, he told the Court that his civic right to participate in partisan elections and run for office has been violated, and that this cannot be adequately compensated through damages.

James Tweheyo, on his part, swore an affidavit on behalf of the respondents and opposed granting the requested orders on the basis that the application lacked legal merit and contained defective allegations.

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

According to respondents, Obal lacked prestige for not being a member of the league or the Electoral College and the Central Executive Committee (CEC) legally extended the tenure of officials according to the party statutes.

In his ruling, Justice Ssekaana said Obal questioned the continued tenure of seven NRM officials beyond their expiration in 2020. However, the NRM CCA, while exercising its partisan constitutional powers, decided to extend the tenure following the COVID-19 pandemic.

Justice Ssekaana said that once there are internal mechanisms or procedures for resolving disputes, they must be respected to avoid excessive interference by the courts in the internal affairs of the parties.

“A man who joins a society, as in the case of a political party, must abide by the will of that association or eliminate, if a man finds himself a member of said association and makes a decision that he does not accept, a decision could contrary to common sense, there is only one way left: to leave,” said Judge Ssekaana.

According to the judge, such a person must remain or leave as voluntarily as he entered.

“The freedom to associate in a political party is not obtained through compulsory military service and what is morally reprehensible cannot be legally punishable. Any party dissatisfied with the way it operates or conducts its business or affairs is free to choose not to participate and no court of justice will have jurisdiction to enter into the internal affairs of a political party,” he said.

He therefore dismissed Obal’s request saying it was premature as the NRM has already issued its electoral roadmap, a phased process that starts from the grassroots.

“The plaintiff cannot impose his wishes on an entire political party and if he believes that the party is too slow for his speed according to the roadmap, then he is free to ‘abandon ship’ and form his own political party or join another one who is up there at his speed,” Ssekaana added.

Accordingly, it also went ahead and dismissed the main complaint.