Walubiri’s FULL statement on Court Ruling, Akena’s ‘deceits’, return to Uganda House


UPC's Peter Walubiri (M) Hon. Otto Ishaa Amiza (L) and Mary Grace Amek during a press conference in February this year. File photo.

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Highpoints:

  • Akena illegally assumed office, continued in office by an interim order, refused to fix his appeal for hearing.
  • Akena now works with President Museveni, so he has taken on some of the behaviours of President Museveni.
  • UPC intends to field a presidential candidate…. and already people are aspiring to represent the party in that role.
  • The Milton Obote Foundation which owns the property will sort out Akena’s illegal occupancy. I hope fairly quickly.

Kampala—9, September 2020: On many people, including Jimmy James Akena misinterpretation the Court of Appeal’s ruling: “The ruling is written in the Standard English language and for anybody who is literate enough, it has been circulated online and you have read the ruling. You don’t have to be a Lawyer to read this ruling. If you attended a good school, secondary school up to O’Level let alone having HAC you can read this ruling.”

There is nowhere in this ruling (judgement actually) where it’s confined to the term of office of 2015/2020. It’s open. It’s open, and the order is very clear; go conduct fresh nominations and elections.

Perhaps you need to trace the history of this case. Akena, usurped the powers of the office of the party president by physically using Uganda police and UPDF, taking over the offices in May 2015. He was challenged in Court by the late Bossa, Justice Nyanzi’s ruling was very clear; whatever Akena tried to do was illegal.

He then got an interim order, a very infamous interim order from Justice Stephen Kavuma (you all know him) and held onto the office for 5 years (here, Walubiri read the judgement).

“The UPC continues to carry on business on the basis of an interim order issued by this Court on 9th December 2016 to save the execution of the order of High Court Appeal against this matter. It’s now five years down the road and Akena continues to execute the duty of President of the party, albeit resulting from an illegal process..”

So, Akena illegally assumed office, continued in office by an interim order, refused to fix his appeal for hearing because he knew that it had no merit. We pushed and luckily on 29 July 2020 Akena came face to face with the law.

Now, on 29 July 2020, he had already planned to conduct another illegal exercise so Court was asked to stop the illegality of another delegates’ conference on 1, August 2020. An Order was issued in the presence of Akena; the Order was extracted and served on his Lawyers the following day. So what Akena purported to do on 1st August 2020, one: he had no capacity because he was not the duly elected party president, two: there was an express Order of Court stopping him. What he did was illegal. It was in contempt of court.

There is a pending application in the Court of Appeal to have him arrested and jailed for this contempt and he’s pushing his luck too far. Next time you may be visiting him in Luzira for all his illegalities. You know, impunity has an end. There have been many, even national leaders, the Gaddafi’s of this world, the Mobutu of this world, Saddam Hussein of this world, but we have seen powerful people here with impunity …

You can’t abuse an Order of Court and claim now, for you are elected yourself again when Court stopped you from conducting that election. This judgement is not belated, the case was argued when the court was very clear, when Akena was planning another illegality.

So, that scenario was known and is taken care of in this judgement, it’s taken care of in the Order of Court. You see, Akena was stopped from doing two things: one, drawing money from the banks, two: conducting another delegates’ conference. I’m aware that he has been trying to go to the supreme court to get an order to access the money so, he didn’t appeal against the order not to conduct the delegates conference; he did not try to challenge that order; it was issued in his presence, there was no need to serve him, although his lawyers were served; he’s now provoking us to pursue the contempt of Court application which is pending in Court so that he faces the Law.

And you know when you are in contempt of the Court you have no audience before Court until you stop the contempt. So, whatever he will try to do in Court he will not even be listened to because he has become an outlaw, since he doesn’t recognise the authority of the Court, authority of the law he, he, he can’t even enjoy the rights of going to Court to seek any form of justice.

Clearly, these are the kicks of a dying horse. The Uganda Peoples Congress was setup as a law-abiding organisation. Many people urged us, and some people in the party rarely want to go and physically throw out Akena from the party office, they wanted to take the Law in their own hands; we had to restrain them because for us we believe in the Law. The Law may be slow, but it has finally caught up with our friend and he has nowhere to hide.

In the coming days and coming months, the reality will dawn on him. When Saddam Hussein was found in a foxhole, they said “what are you doing here?” he said “I am President Hussein” “they said who you are” they just kicked him like a rat and took him for trial and a few days later he was being executed. So don’t take this argument any seriously. Akena kept insisting he was duly elected, he was unopposed, the judgement has laid bare, all those arguments. The argument that this judgement is out of time is a question of time for Akena to accept.

As I said in my statement, we are going to publish a revised guidelines. Maybe in the revised guidelines he will seek to contest for election if the party Disciplinary Procedures allow him.

On Akena saying he received the Court Order on 3, August 2020, stopping him to hold the delegates conference on 1 August 2020, Mr Walubiri stated: “The law is very clear. An Order speaks from the time it’s pronounced. That’s what the judgement of the Supreme Court of Uganda say. Once the Order was pronounced in open Court in his absence it was never necessary to serve his Lawyer or himself although he was served.”

You see, Akena now works with President Museveni, so he has taken on some of the behaviour of President Museveni. Akena’s father, our dear leader, the late Milton who must be turning in his grave, called Museveni a pathological liar. I think by association with Museveni Akena has now fallen into that disrepute, it’s sad that he, he, he wants to go that route. The son of a statesman, the son of a man of integrity to now follow the opposite of integrity, you know! The day Akena is served that application for contempt of Court I dare him swear an affidavit to say he was not aware of that Court Order because he was there in Court. The judges pronounced this Order in his presence; you know!

There was communication to the Police, there was communication to the Lawyers, there was communication to the venue organisers, we knew that Akena was proceeding with the meeting but, he’s a man who treats the Law with contempt but the Law is going to catch up with him in spite of his lies, the Law tells no lies…most likely he will get another Justice like Justice Kavuma to give him another five years or few months and he knows it.

On reoccupying Uganda House, UPC party Headquarters: “….The Milton Obote Foundation which owns the property will sort out Akena’s illegal occupancy. I hope fairly quickly. Once they do, next time we shall be hosting you at Uganda House, I don’t want to give you dates but it’s a question of when and not if.”

On two people in Dr. Dan Okello and Dr. Dickson Opul who have shown interest, picked nominations forms for Presidency from the UPC he leads, he said: “For you to, (now) UPC intends to field a presidential candidate…. and already people are aspiring  to represent the party in that role. Before they do that, before those two and any others do, we first have to elect them president of UPC. You can’t be a candidate without being a president. Our Constitution is very clear, the flag bearer is the president, so we shall do what the Court has mandated us to do; have the aspirants nominated as candidates by the district conference.

Once we have nominated candidates, we shall hold a delegates’ conference, elect one of them, and once that person is elected, automatically he’s our candidate and he will be on the ballot paper. I have made it clear that early next week (because now we are doing consultation on timing, venue and so on, logistics).

Early next week we shall be publishing a revised roadmap, and part of that will be showing you when the district conferences sit. Okay! When do we close submission of forms by candidates; when will the delegate conference sit, that will be put in black and white early next week. Notices will be issued in accordance with the party Constitution, and it is not going to take long.

This waiting for our flag bearer will be over pretty soon, so, by mid next week you will have the timelines and there will be no more guesswork and I can guarantee that we have every intentions to implement the Orders of Court and commands of the UPC Constitution because we are supposed to have (you know Akena has stopped us to elect the party president from 2015, Okay! Using an Interim Order so Otunu had to retire, the mandate was taken over by Vice President Bossa, Bossa died, as his Vice President I had to take over, you know! But we shouldn’t just be having this kind of succession, we should be having elections. We shall have elections and that’s why we have been pursuing this matter in Court and we hope nobody stops us in our way.

This is Peter Walubiri’s address to the Press in Kampala on Tuesday, 8 September 2020, a day after Court of Appeal’s ruling.


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