Court advises petitioner to form 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 joining another that aligns with his ambitions because the court will not intervene to expedite his ascension to the ruling National Resistance Movement (NRM) Youth League Chairperson position earlier than the party's schedule or timetable.

The advice was given to him on Friday in a judgement delivered by the Civil Division Judge Musa Ssekaana following Obal's unsuccessful petition filed against seven leaders of Special Interest Leagues in NRM whom he accused of extending their term of office beyond five years unlawfully.

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

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

He also asked court to restrain them from getting any emoluments.

He alleged that the respondents' unlawful actions have caused harm and that they have unlawfully occupied positions since 2020, despite their five-year terms expiring, as stipulated in Article 46 of the NRM Party Constitution.

According to Obal, these respondents allegedly convened meetings, received benefits, and renewed their tenures through resolutions, contrary to the party's constitution. Furthermore, he told the Court  that their civic right to participate in party elections and contest for positions has been violated, and this cannot be adequately compensated through damages.

On his part, James Tweheyo, swore an affidavit representing respondents and opposed granting orders sought on the basis that the application lacked legal merit and that it contained defective pleadings.

The court heard that it was an abuse of court process, frivolous and malicious and doesn't show a cause of action against League chairpersons.

According to the respondents, Obal lacked standing because of not being league/Electoral College member and the Central Executive Committee (CEC) legally extended officials' tenure under party constitution.

In his ruling, Justice Ssekaana said that Obal disputed seven NRM office bearers' continued tenure beyond their 2020 expiration. However, that the NRM CEC while exercising its party constitutional powers decided to extend the tenure following the COVID-19 pandemic.

Justice Ssekaana said once there exists internal mechanism or procedures for resolving disputes, the same must be adhered to in order to avoid over interference by courts in internal matters of parties. 

"A man who joins a society, as in case of a political party must abide by the will of that association or clear out, if a man finds himself as a member of such association as it takes a decision which he does not accept, a decision could be contrary to common sense, he has only one course open to him, and that is to get out," said Justice Ssekaana.

According to the judge, such a man has to abide or get out as voluntarily as he came in. 

"Freedom to associate under a political party is not by conscription and what is morally reprehensible may not legally be punishable. Any party dissatisfied by the way the party is operating or conducting its business or affairs is at liberty to opt out and no court of law will have jurisdiction to dabble into the domestic affairs of a political affairs of a political party," he held.

He thus dismissed Obal's application on grounds that it was premature since NRM has already issued its election roadmap, a tiered process that begins from the grassroots.

"The plaintiff cannot impose his wishes on an entire political party and if he believes the party is very slow for his speed under the roadmap, then he is at liberty to ‘jump ship’ and form his own political party or join another which is up to his speed," added Ssekaana.

Accordingly, he also went ahead and dismissed the main suit.