The revised party constitution that was submitted to the Electoral Commission (EC) for gazetting by the National Unity Platform (NUP) has left the Makerere Kavule located political party in a legal crisis after the EC rejected it.
For the record, the NUP constitution is presently being contested in the High Court. The Electoral Commission stated on Tuesday that it is not in a position to gazette the new document until the legal dispute has been settled.
Through their attorneys, Baraka Legal Associates, a trio made up of David Ekarlet, Waiga Saphy, and Del Omony wrote to the Electoral Commission and filed a petition in the high court contesting the NUP constitution’s revision.
Apparently, these claim that this amendment process is unlawful, oppressive. Additionally, they argue that it’s in violation of Article 24 of the NUP constitution, which governs amendment procedures.
NUP on the other hand claims that because the opponents of the amendment are not party members and the law firm, Baraka Legal Associates, is not listed or recognized by the Uganda Law Council, they have no legal ground to challenge the party’s constitution.
“We presented to the Commission a letter by the Uganda Law Council confirming that the law firm that purportedly complained on their behalf is fake and non-existent. Gideon Tugume, who signed the complaint, has never been an advocate of the courts of judicature, as he holds out to be,” the party said.
In addition, the party requested that the complainants be taken into custody and accused of fraud and forgery. But the EC sent them to the high court, where a case that is similar to theirs has been filed.
After the National Unity, Reconciliation, and Development Party (NURP) were renamed as the former, Bobi Wine’s led NUP accepted its constitution. On various occasions NUP has frequently come under fire from political pundits and detractors for operating without a constitution to provide a legal foundation for its operations.
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Since its founding, NUP has been involved in legal disputes. Initially, former party leader Moses Nkonge Kibalama alleged that Robert Kyagulanyi, well known as Bobi Wine the party leader, had fraudulently bought the party.
