The Constitutional court has established timelines for a case involving six Democratic Party members, led by Member of Parliament Richard Lumu Kizito, challenging an agreement between their president general, Norbert Mao, and President Yoweri Kaguta Museveni.

The other legislators involved in the case are Michael Phillip Lulume Bayigga, John Paul Lukwago Mpalanyi, Fortunate Rode Nantongo, Richard Sebamala and Fred Kayondo. They have filed their case against President General Mao, Secretary General Gerald Siranda, the Democratic Party, and the Attorney General.

The deputy registrar for the Court of Appeal/Constitutional court has instructed eight law firms involved in the case to prepare for a conference by filing a joint written scheduling memo, including brief facts for each party.

The parties must also outline the issues/complaints to be resolved in the appeal/petition and submit a list of authorities each party intends to rely on, with relevant parts highlighted.

According to the court order, these authorities should have pertinent sections highlighted for reference. The parties must file and serve conference notes by March 1, 2024, with the petitioners submitting their submissions by March 18, 2024, and the respondents by March 29, 2024. Any rejoinder should be completed by April 15, 2024.

The court will then convene the conference interparty on April 18, 2024, at 11 am. The outcome of the conference session will be forwarded to the head of the court for directions on the subsequent steps regarding the expeditious resolution of the appeal/ petition.

The petitioners argue that they were elected to parliament on the DP ticket and are members of the party’s National Executive Committee, the decision-making organ of the party. They contend that without proper authority, consultation, or consent from the party’s organs, Mao, under the title of “Chairman General” (a position not recognized in DP’s constitution), signed a cooperation agreement with the ruling National Resistance Movement. This agreement includes provisions for DP’s support of the NRM government on various matters in parliament.

Records show that DP agreed to cooperate with NRM in supporting the overall governance agenda and supporting parliamentary votes on matters of confidence and supply for the full term of this parliament. Additionally, DP would support the NRM government on procedural motions in the House and at select/sessional committees on the terms set out in the agreement. Mao was also to be appointed as Justice and Constitutional Affairs minister, and by 2026, there would be no existing DP structures within the central part of the country.

According to the court records, the ministers appointed from DP agreed to be bound by the Cabinet rules in the exercise of ministerial responsibilities, including provisions on conduct, public duty, and personal interests of ministers. They would also be bound by the Principle of Cabinet confidentiality as laid out in the Cabinet Rules. The DP would support the government on procedural motions in the house and in committees, subject to consultation being undertaken.

Following the agreement, Mao was duly appointed the minister of Justice and took the oath on August 2, 2022. However, the legislators argue that while they have no issue with Mao being appointed as minister in his personal capacity, his actions of signing the cooperation with NRM while still serving as the DP president undermines the spirit, letter, and principles of democratic governance enshrined in the constitution.

They have asked the court to declare the agreement null and void and not binding on the DP. They also seek a permanent injunction restraining all organs of the DP from ratifying the impugned cooperation agreement with NRM. However, when the case was filed, the legal advisor of DP, lawyer Nalukoola Luyimbazi, through an affidavit of Ochaki Alex Oke of the members of NEC representing the West Nile sub-region of Uganda, argued that the case should be dismissed because it was misconceived and wrongly filed against the party.

They concurred with the petitioners that there has never been any gathering of the Democratic Party membership or leadership for purposes of consultation regarding the impugned agreement. However, Mukasa Mbidde, who is also a vice president, filed an answer to the petition, stating that he did not authorize Nalukoola to respond to the petition.

During the conference, the court will also address this internal party matter. Additionally, in 2022, lawyer Male Mabirizi instituted criminal charges against Mao and Siranda at Entebbe Chief Magistrate’s court, accusing them of common nuisance, disobedience of statutory duty, and conspiracy to defraud following the 42-clause agreement. By URN, The Observer