The civil division of the High Court in Kampala has advised a man who went to court seeking to have the leaders of the top organs of the NRM kicked out of office being there illegally to form his own party.
Daniel Obal dragged the NRM Youth League, elders’ league, workers’ league, entrepreneurs’ league, veteran’s league, PWDs’ league and women’s league to court arguing they have been in office since 2020 without the party conduction elections to vote for new leaders.
He said there has been missed opportunities and political stagnation suffered because of the continued extension of the tenures of these NRM leaders.
However in a Friday ruling, Justice Musa Ssekaana dismissed the application for a temporary injunction to have these seven leaders step out of office until the case is done.
He reasoned that following the outbreak of the Covid pandemic, NRM decided to extend the term of the leaders in accordance with the party constitution which he said is understandable.
The judge said such was an internal mechanism aimed at resolving disputes, adding that courts ought to avoid interference in internal matters of political parties.
“The internal affairs of political parties are exclusive to the parties. Thus they are not within the competence of the court .A man who joins a society, as in case of a political party must abide by the will of that association or clear out,” Justice Ssekaana said.
“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. He 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 affairs of a political party.”
He consequently advised Obal to form his own party but not impose his wishes on other people.
“The plaintiff cannot impose his wishes on an entire political party (NRM) 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 political party which is up to his speed. The courts will not be available to help the plaintiff push the political party to move at his pace because he wants to take up the position of Chairperson NRM Youth League earlier than the party’s schedule or timetable.”
The judge consequently threw out the application.
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