11 NRM MPs sue party over Museveni sole candidature

To court. Left to right: MPs Theodore Ssekikubo (Lwemiyaga), Gaffa Mbwatekamwa (Kasambya), Patrick Nsamba (Kassanda North) and Barnabas Tinkasimire (Buyaga West) at Parliament last year. FILE PHOTO

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Earlier attempt. This is the second time the NRM is being dragged to court for declaring President Museveni as a sole presidential candidate for his party. The first time was when Mr Benjamin Alipanga, a party supporter, filed a similar petition in 2014, but later withdrew it in 2017 after it was overtaken by events following the conclusion of the 2016 General Election.

Kampala. A group of Members of Parliament (MPs) from the ruling National Resistance Movement (NRM) have petitioned the Constitutional Court seeking to nullify the endorsement of President Museveni as the party’s sole candidate in the 2021 presidential elections. They claim the decision is unconstitutional.

On February 19, the NRM Central Executive Committee (CEC) sitting at Chobe Safari Lodge in Nwoya District endorsed President Museveni, who is also the party chairman, as the sole candidate for 2021 and beyond.
However, dissenting NRM MPs are seeking court to declare that the act of the party’s CEC endorsing Mr Museveni as the sole candidate is inconsistent with the Constitution and, therefore, null and void.

Other demands
They also want court to declare that the current CEC, whose tenure runs from July 2015 to June 2020, has no mandate, legitimacy or power to declare Mr Museveni or any other person a sole candidate and or flag bearer for 2021 elections and beyond.
“That the adoption of the resolution by both CEC and the Parliamentary caucus in the presence and full concurrence of the President of the Republic of Uganda is inconsistent with and in contravention of Article 99(3) of the Constitution,” reads the documents in support of the petition.

The petition was filed by 11 MPs. They are:
Mr Theodore Ssekikubo (Lwemiyaga), Ms Monicah Amoding (Kumi District), Mr Barnabas Tinkasimire (Buyaga West), Mr John Baptist Nambeshe (Manjiya), Mr Patrick Nsamba Oshabe (Kassanda North), Mr Mbwatekamwa Gaffa (Kasambya).
Others are: Mr Samuel Lyomoki (Workers), Silvia Akello (Otuke), Ms Susan Amero (Amuria), Mr James Acidri (Maracha) and Mr Moses Bildad Adome (Jie).
They are represented by Alaka and Company Advocates.

Others blocked
The legislators contend that the act of CEC declaring Mr Museveni as a sole candidate blocked and suffocated interests of other party presidential aspirants for the 2021 elections.
“That the CEC of the respondent (NRM) itself did not and does not have the mandate and legitimacy to pass the sole candidate resolution of President Museveni or any other candidate for purposes of 2021 presidential elections and beyond since its term of office and powers lapse by June 30, 2020,” reads the petition.

Describing themselves as NRM members, the MPs are also challenging the decision of the government Chief Whip and chairperson of the NRM Parliamentary caucus in blocking them from attending the party caucus retreat at Kyankwanzi from March 12-20.
They allege that the declaration of Mr Museveni as a sole candidate for the party negated the democratic aspirations and entrenches dictatorship by way of an imperial presidency for life and is devoid of any competitive checks and balances.

According to the petition, the CEC decision was adopted in total disregard to an earlier declaration of interest to stand by Mr Lyomoki, who officially communicated his bid to the party secretary general, Ms Justine Kasule Lumumba, on January 19.
When contacted, the NRM party electoral commission chairperson, Dr Tanga Odoi, said he could not discuss a matter which is already in court, but added that he was not aware of any complaint or notification by any other party aspirant for the party presidency.

“We came out to guide and warn aspirants for parliamentary seats after receiving complaints from MPs who said some members were busy campaigning against them before the end of their tenure,” Dr Odoi said, describing the move as illegal.
He added: “President Museveni is not distributing seeds and no one has come to complain against him. President Museveni is moving in the country in his capacity as the head of state.”

Mr Rogers Mulindwa, the party spokesperson, said he was not officially aware of the petition but only learnt about it through the media.
“Members of the party have a right to express themselves. This is not the first time for members to stand against President Museveni. If a section have decided and chosen Mr Museveni, there is no crime committed,” he said, insisting there is no case against the NRM party.
He added: “We shall wait to receive the petition and once served, we shall seek legal advice and respond accordingly.”