By Spy Uganda
The Constitutional Court of Uganda has dismissed a petition challenging the 2022 cooperation agreement between the ruling National Resistance Movement and the Democratic Party, ruling that the case did not raise substantive constitutional questions requiring interpretation.
In a unanimous judgment delivered Monday, a panel comprising Justices Asa Mugenyi, Hellen Obura, Musa Ssekaana, Moses Kawumi Kazibwe and Margaret Tibulya found that the issues presented fell outside its mandate under Article 137 of the Constitution. Registrar Jane Mugara read the decision and said detailed copies would be supplied to the parties.
The petition was filed by six DP Members of Parliament led by Richard Lumu Kizito, alongside Michael Phillip Lulume Bayigga, John Paul Lukwago Mpalanyi, Fortunate Rode Nantongo, Richard Sebamala and Fred Kayondo. They sued Norbert Mao, Secretary General Gerald Siranda, the party and the Attorney General.
The legislators sought to nullify the July 2022 agreement signed by Mao and Yoweri Kaguta Museveni, under which DP committed to support the government’s legislative agenda, including votes on confidence and supply, and to back procedural motions in Parliament and its committees. The arrangement also paved the way for DP representation in Cabinet, with appointed ministers bound by Cabinet rules on conduct and confidentiality. Mao was subsequently appointed Minister for Justice and Constitutional Affairs and took oath on August 2, 2022.
In their challenge, the MPs argued that the agreement was executed without proper consultation within party organs and under a title not recognised by the DP constitution. They maintained that while Mao was free to serve in government in his personal capacity, entering a binding cooperation deal while party leader undermined constitutional principles of democratic governance. They sought a declaration nullifying the agreement and a permanent injunction barring its ratification.
The court, however, held that the grievances centred on internal party management rather than constitutional interpretation and therefore did not warrant its intervention.
The proceedings exposed divisions within the party, with conflicting positions filed by different officials during the hearing.
Following the ruling, some members signalled plans to appeal to the Supreme Court of Uganda. Lawyer Kizito Nakkubola, representing the respondents, welcomed the outcome, saying the court correctly found no constitutional breach and noting that procedural concerns could have been pursued through judicial review before the High Court.
The cooperation agreement remains in force until May 2026.
