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Owere’s removal from Notu leadership illegal - court
Mr Usher Wilson Owere, the chairman of Notu
What you need to know:
- Justice Ssekaana ordered Werikhe, Mugole, Bigirwa, Mauku, Badaru and Amiti to pay Shs5m each to Mr Owere as punitive damages as well as legal costs incurred.
Court has ruled that the removal of Mr Usher Wilson Owere from the office of the chairman general of National Organisation of Trade Unions (Notu) was unlawful and that it contravened the principle of fair hearing and natural justice.
Kampala High Court Judge Musa Ssekaana also ruled that the Extra Ordinary General Council meeting held on November 15, 2022 to remove Mr Owere as well as the October 25, 2022 petition against him was incompetent, illegal, and against the Labour Unions Act 2006 and the Notu constitution.
“…The meetings, which culminated in the removal of the applicant (Owere), were illegal, procedurally improper and irrational,” Justice Ssekaana ruled on Friday.
“The respondents failed to also follow the rules of natural justice in their effort of removing the applicant. The removal of the applicant as the chairman general had to follow the rules of fairness and natural justice. The body with the power to decide lawfully, like Notu, cannot unlawfully proceed to remove the applicant without affording him a proper opportunity to state his case,” he added.
The court also went on and nullified the election of Stephen Mugole, Richard Bigirwa, Moses Mauku, and Barbara Badaru respectively as acting Chairman General, acting Secretary General, acting Treasurer General and acting Treasurer of Notu reasoning that the meeting of November 15, 2022, was illegal, irrational and null and void.
Left to right: Moses Mauku, Peter Werikhe, and Stephen Mugole are seen during the meeting that impeached Usher Wilson Owere (inset) in Kampala on November 15, 2022. PHOTO/DAMALI MUKHAYE
The judge ruled that since the meeting was illegally convened by the aforementioned individuals, then any resolutions arising from there cannot be of any legal effect.
Mr Owere sued Notu jointly with Werikhe, Mugole, Bigirwa, Mauku, Badaru and Amiti challenging his controversial removal from the office of Chairman General of Notu.
Justice Ssekaana agreed with the Registrar of Trade Unions that the accused parties illegally convened a meeting that was not sanctioned by the Notu Constitution on November 15, 2022.
Court directed that Notu can only do things authorised by the law and their constitution but the meeting called outside the constitution is not within the jurisdiction of the organisation and it means it was illegal and baseless.
“It was indeed irrational since the movers of the illegal meeting were to benefit from the new positions after the successful organization ‘coup d’etat’. Whatever was done was rehearsed from the memorandum of understanding with one clear intention of removing the applicant,” the judge further observed.
Costs
Justice Ssekaana ordered Werikhe, Mugole, Bigirwa, Mauku, Badaru and Amiti to pay Shs5m each to Mr Owere as punitive damages as well as legal costs incurred.
The court has also issued a permanent injunction restraining the accused parties and their agents from suspending and or removing Mr Owere from the office of Chairman General of Notu or carrying out any activities for and on behalf of Notu.
“The actions of the respondent were illegal and the same should be discouraged in future to avoid violating the Notu Constitution. The respondents’ conduct was unconstitutional, high handed and oppressive and this should be discouraged and disincentive by way of remarkable punitive damages,” the judge held.
Mr Owere said he was happy about the decision of court and that it is now time for reconciliation.
“I am very happy about the outcome of the case. When these things were happening, there were so many forces behind them but thank God, the truth has finally come out,”Mr Owere said.
