FDC leaders rush to court to stop delegates conference

Kampala, Uganda | THE INDEPENDENT | As the crisis within the opposition Forum for Democratic Change widens, members of the National Executive Committee have rushed to court to stop next week’s delegates’ conference that was called by the party Electoral Commission chairman Boniface Toterbuka Bamwenda.

In a suit filed at the High Court in Kampala on Monday, the 23 NEC members headed by Salaam Musumba, the party vice chairman for Eastern region, the party contends that Toterebuka who is the sole respondent in the case is acting illegally by convening the October 6th, 2023 meeting. They therefore want the court to issue a declaration that Toterebuka’s actions of holding the position of chief electoral commissioner of FDC and purporting to conduct internal elections for the leadership of the structures of the party are contrary to the constitution of the FDC and therefore, unlawful, and illegal.

“The declaration that the defendant’s actions of convening and or organizing a National Delegates’ conference scheduled for 6th October to elect members of the National Executive Committee are unlawful and illegal…A permanent injunction restraining the defendants his agent’s servants and or employees and anyone acting under him from holding the office of the Chief Electoral Commissioner of the FDC without the express mandate of the National Delegates conference of the FDC,” the suit reads in part.

The leaders also want the court to issue a permanent injunction restraining Toterebuka, his agents, servants, and or employees, and anyone acting under him from further holding and presiding over the internal elections for the leadership of the structures of the FDC and also convening the National Delegates conference.

The leaders argue that the last party delegates’ conference that convened in 2017 appointed Yusuf Nsibambi as the head of the Electoral Commission and he has never formally stepped down from the position and Toterebuka assumed the same without going through the formal constitutional processes or having any instrument or resolution passed by the national delegates’ conference.

The plaint further shows that the aforesaid situation enlisted concern and spirited protest from a number of bonafide party members including the applicants and it was resolved in some of the NEC meetings held in May and June 2023 that this issue be part of the agenda of the NEC retreat that was intended to address the internal party differences before rolling out the party elections roadmap.

“However, before the NEC retreat could be held to consider the Defendant’s illegal occupation of the office of the Chief Electoral Commissioner, the defendant unilaterally rolled out a purported election roadmap culminating into a delegates’ conference slated for November 2023,” reads the petition.

It adds that the applicants vehemently opposed the said roadmap but to no avail. And in a dramatic turn, of events, Toterebuka allegedly decided to abandon the said roadmap and instead allocated himself powers to convene the delegates’ conference on October 6th, 2023 to elect members of NEC, and a notice to that effect was published in the newspapers under his hand.

According to the petitioners, the said conference was not sanctioned by a resolution of NEC and the office of National Party Chairperson Ambassador Wasswa Birigwa. The petitioners through their lawyers of Lukwago and Company Advocates now argue that during the hearing, they will tell the court that the actions and conduct of holding the position of the Chief Electoral Commissioner without the Mandate of the Delegates Conference under Article 29 (1) of the FDC constitution are illegal.

They say the actions amount to usurping the powers of the party Chairperson enshrined in the constitution of FDC and the same actions contravene the Democratic principles required of a political party under the constitution of Uganda and the provisions of the Political Parties and Organizations Act.

“In addition to the foregoing, the purported current electoral processes superintended over by the defendant/Toterebuka have posted disastrous and boisterous outcomes and indeed have turned out to be a sham which is a negation or antithesis of the known values, philosophy and impeccable record of the party of being a vanguard of free, fair and credible election and have been rejected by majority of the aggrieved party members,” reads the petition.

As a direct consequence, the applicants say that Toterebuka’s said actions which they describe as illegal have caused them to suffer mental anguish, ridicule, insurmountable odium, ridicule, agony, and severe inconveniences. The applicants say, unless Toterebuka is restrained by the Court, he is hell-bent on proceeding with his illegal actions which they contend that will lead to the disintegration and eventual demise of the party thereby causing irreparable damages and injury to them yet they have immensely contributed to the development of the party and that the advancement of their respective political careers is pegged on the same.

Other than Salaam Musumba, the applicants include; Betty Aol, Denis Onekalit Amere, Ssemujju Ibrahim Nganda, Roland Kaginda, Francis Mwijukye, Doreen Nyanjura, Mubarak Munyagwa, Harold Kaija, Michael Kabaziguruka, Atkins Katusabe, Harold Muhindo, Asinansi Nyakato, Samuel Makhoja, Dominic Wakabi, George Ekwaro, Nicholas Kamara, Amon Rubarema, Hajji Obedi Kamulegeya, Plan Virginia Mugenyi, Moses Tugume and Kennedy Okello.

FDC descended into chaos after a section of the party accused the president and Secretary General of picking money from President Museveni that was used during the 2021 general elections. They called upon the two leaders to step down to allow for the election of new leaders; a demand that was flatly rejected.

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