Akena in fresh row over Uganda House

Lira Municipality MP, Mr James Michael Akena. PHOTO BY DOMINIC BUKENYA

What you need to know:

  • Through Lex Uganda Advocates, MOF accuses Mr Akena of deliberate refusal to respond to the accusations and arrogantly refused to attend the foundation extra ordinary meeting.
  • Meanwhile, Justice Henrietta Wolayo has set December 1 this year for the parties to appear in court for guidance.

KAMPALA- Lira Municipality MP, Mr James Michael Akena has run to court to contest a recent decision by the board of governers of Milton Obote Foundation (MOF) to suspend him from the organisation.

In the case filed before the High Court in Kampala, Mr Akena, a son of former President Milton Obote, sued MOF jointly with the Chairman Board of governors Mr Nelson F. O. Ofwono and Mr Terence Oyepa (Company secretary) whom he is accusing of orchestrating the suspension.

Dr Obote is the founder of MOF and Uganda Peoples Congress. MOF manages Uganda House and other money-generating entities of the party.
MOF terminated Mr AKena's membership on October 23 this year for what they termed as engaging in activities that undermine the aims, objectives and projects of the foundation.

However, though his lawyers, Mr Akena contends that termination of his membership was made unfairly, in bad faith and in utter breach of principles of natural justice.
Mr Akena’s termination, according to court documents was based on various events that took place from 2015 to 2017 which included setting up flagpoles and a foundation stone at Uganda House.

But Mr Akena contends that the accusations were a veiled attempt to justify the unlawful termination of his membership which issue could be resolved if he had been given a chance to be heard.

“I have with the help of my legal counsel read through the memorandum and Articles of Association of the first respondent and discovered no provision is made and no powers are vested in any of the respondents to suspend a member and participation in the affairs of MOF which renders the decision to suspend me illegal,” Mr Akena states in the affidavit.

Mr Akena contends that his exclusion from MOF adversely affects the interests and benefits of UPC, the party that champions the social, economic and political interests of MOF as envisaged in the Memorandum and Articles of Association.
He wants court to declare that the decisions of the board are unlawful and constitutes a violation and breach of the memorandum and Articles of Association of MOF.

He contends that the termination of his membership was made unfairly, in bad faith and in utter breach of principles of natural justice.

In defence, the accused parties contend that by accepting to be a member of MOF, Mr Akena is bound by the Memorandum and Articles of Association which mandates the board of governors to suspend and terminate a member who commits any offence.
Through Lex Uganda Advocates, MOF accuses Mr Akena of deliberate refusal to respond to the accusations and arrogantly refused to attend the foundation extra ordinary meeting.

“The matter of termination of membership of the applicant was deliberated upon and put to vote before the general assembly on October 23. Voting was done by secret ballot. Seventeen members voted in favour of the termination of the membership of Mr Akena and seven voted against,” MOF states.

Meanwhile, Justice Henrietta Wolayo has set December 1 this year for the parties to appear in court for guidance.
The judge also directed the parties to exchange all the documents they intend to rely on during the hearing of the case.
The court case follows years of friction between MOF and Mr Akena’s faction since he took over of the leadership of UPC.
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