It’s noted that for years the leadership of Uganda People’s Congress has been in doubt. Joseph Ochieno a gallant UPC member and could be party President having rejected the election results of the 2020 party presidential elections took the matter to court but was postponed due to the several lockdowns, however the case finally resumes on 23rd February with a mention and probably set dateline for the hearing.
Ochieno who claims he overwhelmingly won the elections narrated to the Campusa Magazine a historical UPC party leadership and how UPC fought to restore multiparty politics in Uganda, and he continues to use the same constitutional technic to claim his victory as the elected UPC President.
“When in 1993 the Courts in Uganda ruled against UPC in which they had, while agreeing that the ban on political parties at the time were both ‘illegal and unconstitutional’ yet – they argued – it was ‘temporary’ and therefore okay, the Party appealed and soldiered on.
UPC had resolved that unlike against Idi Amin, we would use legal, political and diplomatic means to campaign for our freedoms including, lifting of the ban and restoration of multiparty politics. We continued with the campaign until November 17th 2004 when – in landmark – the Constitutional Court in their excellent wisdom ruled that the continued ban on political parties was illegal, unconstitutional and, must be lifted except, that Parties re-registered. We did not appeal.
Following the lifting of the ban and the (reluctant) re-registration of UPC, the late president Milton Obote asked me with others, to return to Uganda (March/April 2005) and join colleagues at home in the process of preparing the Party to return to constitutionalism including, the election of a new president to whom he would hand over. Sadly, he did not live to do so and the rest is history.
First forward; Mama Miria Obote was elected president and Olara Otunnu followed. Then we hit a snag. While the elections replacing Olara were inconclusive and, whereas disputes emerged between candidate Jimmy Akena and the outgoing Olara Otunnu-team in which Jimmy declared himself president after chasing Olara off Uganda House (Party Headquarters), legal recourse was sought which found Jimmy in breach. He appealed and with it, a long drama from 2015.
For five years, Jimmy held the office of the president ‘hostage’ until the famous Court of Appeal ruling dated 31st August, delivered on 7th September 2020.
Lady Justice Irene Mulyagonja in her considerations caught my eyes: “I think that the Court cannot leave a party that has failed, refused or neglected to follow lawful process to their own devices in the hope that they will now observe the law or rules in place, because the Court has now proclaimed it. Orders must have language that compels parties to respect the decisions of the Court; they must represent the coercive nature of the directions given by the Court.”
This was a fundamental critique of the vague state in which previous matters had been left hanging with the hope that common-sense (which had been absent in the first instance) might prevail.
In finality then, she observed: “It is important for members of the UPC to note that the credibility of the UPC will continue to be in doubt if its leadership is not brought into office in conformity with the provisions of its Constitution, the Political Parties and Organisations Act and the Constitution of the Republic of Uganda.”
She wrote, “In conclusion, this appeal is dismissed with orders that: a) The members of Uganda Peoples Congress conduct nominations and elect a President in conformity with the provisions of the Constitution of the Uganda Peoples’ Congress.”
Whereas by the time of this judgement Olara Otunnu had handed over the leadership to his vice-president Joseph Bbosa and whereas Joseph Bbosa had since, sadly died while attending medical treatment abroad and he had left Peter Walubiri acting, it followed that Walubiri now became acting-leader.
Walubiri arranged for elections in which he would be (a very interested) candidate together with Dan Okello, Dickson Opul and myself. I was cautiously confident that Walubiri, (an experienced lawyer) who had appointed my good friend Hamza Ssewankambo (another lawyer) as Chairman of the electoral commission (with my respected elder Livingstone Okello-Okello among the commissioners) would heed Justice Mulyagonja’s appeal and directive and hopefully apply conscience but turns out, habits repeat.
Elections took place (by resolutions, due to Covid-19), between 4th and 11th December, somehow extended to 17th December. I contested the results but the void in response was so shocking, it was, as if banging on some calm wind; some breeze. Reluctantly but resolute, I sought a Judicial Review, confident that with evidence, I had won the elections.” Remarked Joseph.
Listed for this week – 23rd February 2022 – it is now back to the Judiciary to assess the evidence and on the basis of the arguments made on all counts, be categoric, guide and once again direct; politically it is an imperative course of last resort. UPC and its members need it as much as the country – going forward.
All eyes on UPC, can a new leader emerge and restore the long lost glory of UPC or will Jimmy Akena and the rest maintain the status quo?
