By Spy Uganda
A group of founding members of the National Unity Platform (NUP), Uganda’s leading opposition political party, has filed a petition in the High Court seeking to block the party’s upcoming elections and planned delegates conference, citing serious constitutional irregularities.
In an application linked to Civil Suit No. 165 of 2024, the petitioners — Paul Ssimbwa Kagombe, Moses Nkonge Kibalama, Moses Luyinda, Delwilbert Omomy, and Emmanuel Joseph Kasirye — are asking the Civil Division of the High Court in Kampala to issue a temporary injunction restraining key party officials from conducting any official party activities pending resolution of the main suit.
The respondents include NUP President Robert Kyagulanyi Ssentamu (Bobi Wine), Secretary General David Lewis Rubongoya, Spokesperson Joel Ssenyonyi, Treasurer Fred Nyanzi Ssentamu, Secretary for Mobilisation Benjamin Katana, and the Electoral Commission, which is listed as the seventh respondent.
The applicants argue that the constitution currently recognized by the Electoral Commission is a “falsified” version of the 2004 constitution of the National Unity, Reconciliation and Development Party (NURP) — the legal precursor to NUP. According to their affidavit, this altered document is being used to legitimize the current leadership structure and ongoing party activities without the input of founding members.
“The purported new constitution is being used to exclude founding members from the party’s leadership structure and membership register,” states lead applicant Paul Ssimbwa Kagombe in a sworn affidavit. “We are being disenfranchised through a fraudulent overhaul of the party’s governance framework.”
The petitioners seek a court order to stop the Electoral Commission from releasing public funds to NUP or recognizing its current leadership until the authenticity of the constitution is determined. They are also requesting the preservation of the existing party register to prevent further alteration during the legal process.
At the heart of the legal dispute is the claim that the party’s constitution was secretly revised following a controversial delegates conference in 2020. The plaintiffs assert that all subsequent actions — including leadership endorsements and party restructuring — are based on this illegitimate document and must therefore be nullified.
In the main suit, the petitioners are seeking sweeping remedies:
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A declaration that the current NUP leadership is illegally constituted,
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Nullification of the current NUP constitution,
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Invalidation of all decisions and activities undertaken by the current leadership,
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Restoration of the original 2004 NURP constitution,
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Expulsion of the contested version from the Electoral Commission’s records.
They are also requesting a 10-year ban from public office for any current leaders found guilty of fraudulently altering the party’s governance structure.
In a Joint Scheduling Memorandum, all parties agreed on the key issues to be determined, including the legitimacy of the NUP constitution and the legality of actions undertaken by the current leadership. The Electoral Commission has denied any wrongdoing, asserting it has acted within the confines of the law in handling the party’s affairs.
Legal analysts suggest the case could become a landmark decision for Uganda’s political party governance, particularly in relation to transparency, party registration, and internal democracy within opposition groups.
A hearing date for the injunction application is expected to be announced in the coming days.
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