“In line with this ruling, we wish to request your Office to STOP forthwith continued engagement with Hon. James Michael Akena as UPC President….”
Kampala—10, September 2020: Peter Mukidi Walubiri, who succeeded late Joseph Bossa as UPC party president after the latter died in 2019, has written to the electoral commission (EC) Chairman, Hon. Justice Simon Byabakama Mugenyi.
In a letter dated 7, September 2020 and was received by the Commission’s Security Registry on 10 September 2020, Mr Walubiri, through the Secretary General, Hon. Ishaa Otto Amiza informed the EC Chair of the imminent development in the party, and a recent judgement by the Court of Appeal Justices.
“As you are aware, the Uganda People’s Congress has been having leadership disputes since May 2015, following an aborted District Conference nomination exercise to elect a Party president,” the letter partly reads.
It adds: “The matter was challenged in Court in Miscellaneous Cause No. 00086 of 2015 (Joseph Bossa & 2 others Vs. UPC & Another). In his judgement dated 11th December 2015, Hon. Justice Yassin Nyanzi declared that the purported elections of Hon. James Michael Akena as UPC President was illegal, null and void for violating the UPC Constitution.”
The EC chair was further informed that Hon. James Akena appealed that decision of Justice Yassin Nyanzi before the Court of Appeal. “The appeal was heard on 29, July 2020 in the presence of James Michael Akena and his Counsel, a temporary order restraining James Michael Akena from conducting Delegates Conference at which purported elections of a party president were to be conducted was issued pending the disposal of Civil Appeal No. 20 of 2016. Any elections held contrary to this order was illegal, null and void and of no legal consequence.”
On Monday 7, September 2020, the Court of Appeal Justices: JA Elizabeth Musoke, and JA Christopher Madrama concurred with judgement made by the lead Justice, Irene Mulyagonja, who ordered a fresh election of UPC party president.
“We wish to inform you, that, today, Monday, September 7, 2020, the Registrar of the Court of Appeal delivered the judgement of (refer to above paragraph for names of Justices) on the long-awaited appeal. The Court dismissed the Civil Appeal No.20 of 2016 and ordered that: “The members of UPC conduct nominations and elect a party president in conformity with the provisions of the Constitution of the Uganda People’s Congress.”
With instruction from his boss, Mr Walubiri, Hon. Otto added: “In line with this ruling, we wish to request your Office to STOP forthwith continued engagement with Hon. James Michael Akena as UPC President and to avoid dealings with his accomplices in the names of the leadership of UPC Party. Until new elections are held as directed by the Court of Appeal, the legitimate President of UPC is Mr Peter Mukidi Walubiri.”
The same letter was copied to the Inspector General of Police (IGP) and all government agencies, requesting them to “note, respect and help enforce this judgement and avoid aiding any person from abusing the judgement and rule of law.”
On Thursday, Jimmy Akena, who’s also the Lira Municpality MP, was nominated at Uganda House to contest for the Lira City East MP in the forthcoming elections.