Justice Musa Ssekaana
The High court has advised National Resistance Movement (NRM) member, Daniel Obal to consider forming his own political party or joining another, as it will not expedite his quest to the helm of one of the party’s interest leagues, the Youth League.
Justice Musa Ssekaana, in his judgment on Friday, stated that the court would not intervene to accelerate Obal’s ascent within the NRM ahead of its official schedule.
Obal had petitioned the court, alleging that seven leaders of NRM’s special interest leagues, including Gaddafi Nasur (Youth League) and Lydia Wanyoto (Women League), Dominic Mafabi Gidudu (NRM Elders League), Mwesigwa Rukari (NRM Entrepreneurs’ League), James Tweheyo (NRM Worker’s League), Gen Jim Muhwezi (NRM Veterans League), Gabriel Kato (NRM PWD) unlawfully extended their terms since 2020, despite their five-year terms expiring, as stipulated in Article 46 of the NRM party constitution.
Furthermore, he told the court that their civic right to participate in party elections and contest for positions has been violated, and this cannot be adequately compensated through damages.
Tweheyo, one of the respondents, argued in an affidavit that Obal’s petition lacked legal merit and was an abuse of court process. According to the respondents, the NRM Central Executive Committee (CEC) had lawfully extended the leaders’ tenure in response to disruptions caused by the COVID-19 pandemic, as permitted under the party’s constitution.
In his ruling, Ssekaana emphasized that internal party mechanisms should resolve such disputes to prevent excessive judicial interference.
“A man who joins a society, as in the case of a political party must abide by the will of that association or clear out, if a man finds himself as a member of such association as it takes a decision which he does not accept, a decision could be contrary to common sense, he has only one course open to him, and that is to get out,” said Ssekaana.
Ssekaana added that such a man has to abide or get out as voluntarily as he came in.
“Freedom to associate under a political party is not by conscription and what is morally reprehensible may not legally be punishable. Any party dissatisfied by the way the party is operating or conducting its business or affairs is at liberty to opt out and no court of law will have jurisdiction to dabble into the domestic affairs of a political party,” he held.
He thus dismissed Obal’s application on grounds that it was premature since NRM has already issued its election roadmap, a tiered process that begins from the grassroots.
“The plaintiff cannot impose his wishes on an entire political party and if he believes the party is very slow for his speed under the roadmap, then he is at liberty to ‘jump ship’ and form his own political party or join another which is up to his speed,” added Ssekaana.
Accordingly, he also dismissed the main suit.
Source: The Observer
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