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FDC Katonga faction loses bid to block Najja delegates conference
FDC presidential nominees Patrick Amuriat and Moses Byamugisha, alongside secretary general candidate Nathan James Nandala Mafabi, address a press conference at the party headquarters after they were nominated on September 21, 2023. PHOTO/ABUBAKER LUBOWA
What you need to know:
- Justice Ssekaana ruled that the actions of the applicants to seek a temporary injunction as belated as they did was an act of bad faith as the respondent stated in his affidavit that the date of delegates conference of October 6, was set in July 2023 yet no explanation has been offered as to why they decided to file an application for temporary injunction on October 3, two days to the conference.
The Opposition Forum for Democratic Change (FDC) national delegates conference slated for today at Najjanankumbi will go ahead following clearance from the High Court.
On Wednesday, the FDC national chairperson, Mr Wasswa Birigwa and 27 others ran to the High Court seeking to among others, block today’s delegates conference organized by the Najjanankumbi faction reasoning that he and other party members [of the Katonga faction] would lose their positions.
The sole respondent in the matter is Mr Boniface Toterebuka Bamwenda, the chairperson of the FDC electoral commission, whom Mr Birigwa and the group say does not have powers to hold the delegates conference and elections.
The trial judge Musa Ssekaana while dismissing the interim application on Thursday, reasoned that Mr Birigwa and group filed the suit and application as members of FDC against a fellow member whom they confirm as the chairperson of the party’s electoral commission, leaving out the entity [FDC] which is a body corporate for which parties seem to be trying to protect and whose constitution they are vehemently applying to make their respective cases.
“Between the applicants and the respondent who is acting for the party or in the best interests of the party? What is the net effect of leaving out the party-FDC in the current proceedings and who will protect the party against the applicants and respondent?” The judge questioned.
“The court’s view is that the current parties to this suit are fighting for their personal benefits and interests and this may not necessarily be the interest of their party whose membership is national across the country,” Justice Ssekaana ruled.
The judge further held that orders sought against Mr Bamwenda have dire consequences for the entire FDC and the court cannot make such orders as he may decide not to attend the meeting slated for October 6, 2023, but the activities will go on with or without him and the orders sought will be in vain and baseless.
“The party’s interest should supersede the applicants as NEC members who merely comprise of 35 per cent of the entire NEC. This is equally weighed against the entire party membership nationwide. The members have already arrived to attend the delegates conference and money has already been expended for the purpose, it would be unfair to stop the conference and this would have both financial and economic loss in addition to the general confusion to the party membership,” the judge held.
Justice Ssekaana ruled that the actions of the applicants to seek a temporary injunction as belated as they did was an act of bad faith as the respondent stated in his affidavit that the date of delegates conference of October 6, was set in July 2023 yet no explanation has been offered as to why they decided to file an application for temporary injunction on October 3, two days to the conference.
“The applicants were trying to stampede the court with applications for interim within such a short time. A delay in filing of an application is equally a strong ground to deny a temporary injunction since it is a discretionary and equitable remedy,” the judge ruled.
By Thursday evening over 1000 delegates had been accredited for today’s national delegates conference.
