NURP members appeal against High Court ruling in NUP formation case

Kampala, Uganda | THE INDEPENDENT | Two founding members of the National Unity Reconciliation and Development Party- NURP have challenged last month’s ruling by Justice Musa Ssekaana.

Justice Ssekaana dismissed an application filed by Difas Basile and Hassan Twaha who had sued National Unity Platform- NUP presidential candidate Robert Kyagulanyi for allegedly taking over their party and changing its name to National Unity Platform-NUP without following procedures.

In their notice of appeal filed on Wednesday, the applicants through their lawyers of Byamukama, Kaboneka and Company Advocates contend that they are dissatisfied with the entire ruling.

According to the notice, the two have requested certified copies of proceedings and rules to enable them to formulate their grounds of appeal.

In August 2020, NURP founding members Basile Difasi and Hassan Twaha petitioned the Civil Division of High Court suing Robert Kyagulanyi commonly known as Bobi Wine and other NUP top leaders.

The NUP top officials are Joel Ssenyonyi, Aisha Kabanda, Flavia Kasule Nabagabe, Fred Nyanzi Ssentamu and David Lewis Rubongoya. Others who were sued are NURP former leader Moses Nkonge Kibalama, the former Secretary-General Paul Simbwa, Electoral Commission and the Attorney General.

The applicants accused the group of conspiring to make fraudulent charges in their party without following the laid down procedures within their party constitution.

Specifically, the NURP founding members complained about the change of their party name from NURP to NUP, transfer of leadership from Kibalama to Kyagulanyi, change of party colours, logo as well as alteration of the founding members and subscribers.

They wanted Court to quash the changes in their party and declare that the resolution that resulted in the election of Kyagulanyi as the party presidential flag bear null and void.

However, Justice Ssekaana dismissed their case and ordered them to pay costs to Kyagulanyi and his co-respondents on grounds that they filed their case using a wrong procedure and out of time.

The Judge explained that these members of NURP should have applied to Court to review the resolutions complained about within three months after the change of name from NURP to NUP but they sued a year after the changes had been made. According to Justice Ssekaana, the application was made with the view of making money during election season and Basile and Twaha had no genuine grievance but rather wanted to be relevant and make some quick cash.

Ssekaana also put Kibalama and Nkonge on the list of the respondents after they had testified that Kyagulanyi had not fulfilled his promise of giving them five million United States Dollars (18 billion shillings) which according to him indicated that they were aggrieved and should have been applicants too.

But Kibalama and Nkonge have not yet appealed against this decision.

Kyagulanyi was on Tuesday nominated by the Electoral Commission as the NUP party presidential candidate in the 2021 general elections.

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