For months, members of the National Unity Platform (NUP) have been anxious about the fate of the party's constitution, which has been the subject of ongoing legal challenges. The controversy dates back to the party's transition from the National Unity, Reconciliation and Development Party (NURP) to NUP, as published under General Notice number 838 of 2019 in the Uganda Gazette dated August 12, 2019. Disgruntled party members have claimed that NUP's formation was illegal, citing a lack of requisite resolutions under the NURP constitution to support the change.
The faction led by Moses Kibalama has accused NUP leader Robert Kyagulanyi, also known as Bobi Wine, of failing to fulfill a promise to pay $5,000,000 (Shs19 billion) for taking over the party. They sought to bar Kyagulanyi from running as NURP's flag bearer in the 2021 presidential election, arguing that a delegates conference, as mandated by the party’s constitution, had not been organized.
In a significant relief for Kyagulanyi's supporters, Justice Musa Ssekaana of the Civil Division of the High Court dismissed the case in 2020. He ruled that the application was filed over a year late and suggested that it was aimed at making money during the election season rather than addressing genuine grievances. Justice Ssekaana emphasized the importance of finality in litigation and the inadmissibility of stale claims.
Despite this dismissal, Kibalama's faction has returned to the Civil Division's High Court four years later, now challenging both the amendments and the constitution itself. They allege that the constitution, which Kyagulanyi's group amended, was forged. Court documents reveal claims that Kyagulanyi's faction imported several provisions into the constitution, including the creation of four deputy president positions and extensive powers for the party president.
Kibalama, along with co-plaintiffs Paul Kagombe Ssimbwa, Moses Luyinda, Delwibert Omony, and Emmanuel Joseph Kasirye, asserts that they discovered the falsification in August 2020. They immediately sought certified copies of the constitution and minutes from the Electoral Commission (EC) and the Uganda Registration Services Bureau (URSB).
In their original constitution, the party president was the flag bearer, while the executive authority was vested in the vice president as the party leader and chairman. However, the amended version allegedly gives the president extensive powers, including supervising all office bearers and suspending members pending investigations.
Kibalama's group also points to a memorandum of understanding (MoU) with the People Power Movement that morphed into NUP, which was supposed to be reviewed after a year but was allegedly not honored by Kyagulanyi's faction.
In response, NUP has dismissed these claims as baseless. They have questioned the legitimacy of the lawyers representing Kibalama's group, presenting a letter from the Uganda Law Council confirming that the law firm which complained on Kibalama's behalf is non-existent. NUP asserts that the faction's complaints are fraudulent and driven by a desire for financial gain.
As NUP moves to amend its constitution inherited from NURP, resistance from Kibalama's faction continues to be a significant challenge. The ongoing legal battles and internal disputes highlight the turbulence within Uganda's political landscape as NUP strives to solidify its position.
