NRM party sues former EALA aspirants, demands UGX 380 million in court costs

Mivule Ronald Musoke (center) addresses a press conference in 2022, alongside fellow NRM members who are among the 22 members being sued by the NRM party for UGX 380 million in court costs over their protest against the party’s decision to reserve East African Legislative Assembly (EALA) positions for incumbents (PHOTO/Screen grab)KAMPALA — The National Resistance Movement (NRM) party and its electoral commission have filed a lawsuit against 22 of their own members, seeking to recover UGX 380 million in court costs. The lawsuit stems from a dispute over the party’s decision to reserve East African Legislative Assembly (EALA) positions for incumbents in 2022.The respondents, including Mivule Ronald Musoke, Niwabine Jossy, Maganda Julius, and others, protested the party’s decision, leading to a legal battle. Other members being sued are Ruth Karungi Tukahirwa, Isa Kato, Nuwagaba Herbert, Dr. Isaac Lwanga Byangire, Samuel Mugenyi, Kyasimire Sheilah, Amanyi German, Kyaguba Robert, Abigaba Adonia, Nampwera Ambrose, Rwebisengye L.B, Kizito Richard, Ategeka Moses, Webele Robert, Kawooya Kigongo Samuel, Agaba Gilbert, Asiimwe Michael, Dr. Kisembo Emmanuel, and Mutiska Ivan, who are being accused of protesting the party’s decision, leading to a legal battle.The NRM party and its electoral commission have now filed a taxation application in the High Court of Uganda, seeking to recover costs from the respondents. The bill of costs, dated August 29, 2024, details various expenses, including professional fees, drawing and preparing affidavits, attending court hearings, and transport costs. The total amount claimed is UGX 38,266,200, inclusive of VAT and disbursements.The respondents have been summoned to appear in court on September 25, 2024, for the taxation hearing. If they fail to appear, the case may be taxed in their absence.In 2022, twenty-three aspirants petitioned the High Court to restrain the ruling National Resistance Movement-NRM party from implementing its decision to ring-fence six positions of members of parliament for the East African Legislative Assembly-EALA. The applicants were part of more than 100 people who had expressed interest in holding the flag for NRM in the coming elections for six out of the nine EALA seats meant for Uganda.In their petition before the High Court Civil Division, they contended that the Central Executive Committee, NRM’s top organ, violated their constitutional rights when it chose to maintain the incumbent MPs in the assembly in its July 8th, 2022 decision.“The 4th Central Executive Committee-CEC of the National Resistance Movement-NRM, at its 10th meeting sitting at Entebbe on Friday, July 8th, 2022, hereby recommends that the incumbent EALA members be maintained in recognition of their exceptional performance to continue their tenure for another term,” Richard Todwong, the NRM Secretary General, communicated.CEC then recommended the incumbent EALA members to the NRM Parliamentary Caucus as the NRM candidates for the EALA seats. They include Mary Mugyenyi, Rose Akol, Stephen George Odongo, Denis Namara, James Kakooza, and Paul Musamali Mwasa.The petitioners contended that by ring-fencing the EALA positions, they were denied an opportunity to democratically contest for election, which violates their constitutional rights. They added that they were denied the opportunity to express themselves, campaign, and mobilize support for their candidature, which amounts to disenfranchisement, and that they have since suffered losses as a result of the CEC resolution.They sought to have the court declare that the CEC resolution to endorse/nominate the incumbent NRM representatives to the EALA as party candidates for the 2022-2027 term of office without holding valid elections is tainted with illegality, irrationality, unreasonableness, procedural impropriety, discrimination against other aspiring contestants, and therefore null and void.They further wanted an injunction restraining the respondents, who include the NRM party and its Electoral Commission, from implementing the resolution unless the same is amended to allow the nomination and primary elections of flag bearers.The applicants’ lawyer, Robert Rutaro, said at the time that his clients also wanted an order directing the party to nominate them and pay them damages caused to them because of the CEC decision.On July 11th, 2022, the applicants wrote to the NRM Secretary General, the party chairperson Yoweri Kaguta Museveni, and the party Electoral Commission chairperson, informing them about their intention to sue stemming from the CEC decision. They asked them to reverse the decision within three days and nominate them to the NRM parliamentary caucus to campaign and seek votes as flag bearers.The NRM party won the case and now seeks to recover costs from the respondentsRelatedhttps://www.pmldaily.com/news/2024/09/nrm-party-sues-former-eala-aspirants-demands-ugx-380-million-in-court-costs.html