KAMPALA
Opposition Uganda Peoples Congress has claimed that Hon. Jimmy Akena is still the party president until the party holds its next delegates conference in 2025.
Fred Ebil, the UPC Secretary General says Akena was re-elected in 2020 and that a Court Judgement against his election has been overtaken by events.
This follows a Supreme Court ruling on Friday this week which annulled the election of Akena saying he has been illegally occupying the office of UPC party President since 2015.
In it’s ruling on Friday, the court said there existed no exceptional circumstances that warranted it to hear an application without first obtaining the leave of the Court of Appeal as had been requested by UPC and its electoral commission.
“From the foregoing discussion, we find that the application no longer bears exceptional circumstances as a basis for it to be filed in this court.”
In 2015, the High Court ruled that Akena is not the legitimate UPC president and kicked him out office ordering for fresh elections.
The decision was however challenged by UPC electoral commission and Akena before the Court of Appeal.
In 2020, the Court of Appeal also ruled that Akena was illegally in office as UPC president since there have never been lawful elections organized by the party.
During their ruling, three justices of the Court of Appeal Irene Mulyagonja, Christopher Madrama and Elizabeth Musoke ordered that the UPC Electoral Commission organizes fresh elections to vote for the new party president.
Akena and the EC body once again challenged the case in the Supreme Court.
On Friday 13 October, 2023, five justices of the Supreme court led by the Chief Justice Alfonse Owiny Dollo, Faith Mwondha, Prof Tbatemwa- Ekirikubinza, Percy Tuhaise and Mike Chibita sat and ruled that there is no right of appeal to the court from the interlocutory orders of the Court of Appeal.
“It can therefore be concluded that the Court of Appeal’s decision in interlocutory matters is final and not subject to appeal.”
The justices said the rationale of the above position is to avoid multiplicity of unnecessary appeals to the court and delays in disposing of appeals which have to first await the decision on the interlocutory matters.
“Following our findings above, we hold that the respondent’s preliminary objections succeed. Consequently, the leave sought by the applicants is declined and the application is hereby dismissed with costs to the respondent.”
This publication has learned that the party had called for an urgent media conference tomorrow, October 16 and anonymous sources indicate that the issue of Supreme Court decision will top the briefing.
President Jimmy Akena is expected to address the meeting at Uganda House Kampala to give his way forward after a broken political marriage with the NRM government.
