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Kampala, Uganda | THE INDEPENDENT | The High Court Civil Division in Kampala has confirmed Habib Buwembo as the duly elected flag bearer of the Forum for Democratic Change-FDC party in Rubaga South.
The confirmation was made by the head of the High Court Civil Division Justice Michael Elubu following an unsuccessful petition by FDC member Grace Nakanwagi, who wanted the court to stop the Electoral Commission from nominating Buwembo on grounds that he was illegally chosen by the FDC.
She told the court that due to the COVID-19 pandemic, the party subjected aspirants to vetting as opposed to elections. and, as such, she went through the Rubaga South vetting committee which declared her the winner.
Later she was informed by the FDC Secretary-General that the party had decided to hold primaries in Rubaga South. Buwembo obtained 49 votes against her four votes in the party elections held on October 13, 2020. She appealed against the decision.
But Nakanwagi was reportedly told that the FDC National Tribunal that would have resolved her complaint wasn’t fully constituted as the members were all busy participating in elective positions. She then decided to petition the court to block Buwembo from being nominated.
The FDC, however, opposed the application citing that the party rules require one to file such complaints before the FDC National Elections Tribunal, an argument which was sustained by Justice Michael Elubu before dismissing the application with costs.
He noted that Nakanwagi abused the FDC party constitution because there is no evidence to prove that she filed a formal complaint to the party’s tribunal and failed to get justice despite its members contesting for various positions.
“All members must abide by this constitution and attempt to resolve party disputes within the framework of the party structures. There is no evidence that the applicant lodged any complaint to the tribunal in fulfilment of the party Constitution”, said Elubu.
He added that the party election dispute resolution mechanisms should have been explored as required under the law, adding that failure to do so meant that Nakanwagi’s application was premature.
“In such circumstances running straight to court as the applicant did, offends the rules and established practice in the resolution of Judicial Review matters” he added before dismissing the application with costs. The ruling by Justice Elubu has been read to the parties by the Acting Registrar of High Court Civil Division Jameson Karemani.
Nakanwagi did not wait for Karemani to finish reading the ruling when she realised that it was not going to be determined in her favour. She walked out in protest.
The ruling comes a few hours to the closure of the nominations for Parliamentary candidates. But Buwembo was already nominated by the Kampala District national Electoral Commission Returning Officer Fredrick Muwaya despite the case concluded today.
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