The three member panel of Court of Appeal justices issued the orders after lawyers representing the, Peter Walubiri UPC led faction led by Julius Galisonga told court that failure to halt the conference would cause them irreparable damage.
The Court of Appeal has halted Uganda
People’s Congress-UPC delegates conference scheduled for August 1, 2020, pending
the disposal of an appeal challenging Jimmy Akena’s leadership as party President.
The three-member panel of Court of Appeal justices issued the
orders after lawyers representing the Peter
Walubiri UPC led faction led by Julius Galisonga told the court that failure to
halt the conference would cause them irreparable damage.
They argued that Akena whose leadership is being challenged
would preside over the delegate’s conference, which is expected to elect the
next UPC leader for a five-year term. Akena’s lawyer Joseph Kyazze didn’t object to the application.
Accordingly
the Court of Appeal Judges including Elizabeth
Musoke, Christopher Izama Madrama and Irene Mulyagonja halted the delegate’s
conference. The justices also stopped Akena from
withdrawing any money from the party's accounts in Orient and Housing Finance
Banks pending the determination of the main appeal.
However, Kyazze opposed the
order stopping his client from withdrawing money from Housing Finance Bank,
arguing that the party employees will suffer because that is where their salary
comes from.
The justices stood their ground, saying they had
given the parties sufficient time in the morning to harmonize on several issues
but they failed to comprise on the issue of blocking Akena from accessing the
bank accounts.
The judges replaced the late Bossa with Professor
Edward Kakonge as the petitioner in the suit. Kakonge welcomed the decision.
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The justices directed the parties to file
written submissions before the end of August for the main suit, saying the
judgment will be issued on notice. The petitioner’s
lawyer, Julius Galisonga, said the suspension of the delegate’s conference doesn’t
in any way affect the 2020 election roadmap issued by Electoral Commission.
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Details of the suit
Trouble for Akena started in 2015 when the late Dr Joseph Bossa, the then UPC Vice President ran to court to challenge Akena’s
leadership on grounds that the UPC party Electoral Commission didn’t have the
the mandate to declare him UPC president.
He argued that the delegate’s conference, which
led to the purported election of Akena wasn’t constituted properly. In his Judgment,
Yasin Nyanzi concurred with the deceased and declared Akena’s leadership
illegal.
Nyanzi restrained Akena against running any party activities including
financial transactions and ordered fresh polls.
Akena petitioned the Appellant court in
December 2016 challenging the high court order and obtained an interim court
an order issued by the former Deputy Chief Justice, Steven Kavuma which has kept
him in office up to now.