NRM youth league chair Gaddafi, 37, legally in office-party tells court
The ruling NRM party has come to the defence of CEC members accused of overstaying in office including Youth League Chairperson, Nassur Gaddafi, who some cadres say is over age for his position.
Daniel Obal, President Museveni aide on youth affairs recently dragged the party to court for failure to hold special organs elections to fill internal structures and special organs positions.
NRM special organs include the youth, workers, persons with disabilities (PWDs), women, elders, entrepreneurs, institutions leagues, NRA/M veterans, NRM branches in the diaspora and the historical leaders forum.
Obal, in a civil suit no. HCT-00-CV-CS-0092-2024, through his counsel – Apricus Advocates and Solicitors says the term of office for Gadaffi Nassur, chairperson of NRM youth league, Dominic Mafabi Gidudu, chairperson of NRM elder’s league, Mwesigwa Rukari, chairperson of NRM entrepreneur’s league, Gen. Jim Muhwezi, chairperson of NRM veteran’s league, Gabriel Kato, chairperson of NRM PWD’s league, James Tweheyo (chairperson NRM worker’s league) and Lydia Wanyoto, chairperson of NRM women’s league has since expired and they ought to have been replaced or re-elected.
The Seven national special leagues’ chairpersons have been sued alongside Tanga Odoi, chairperson of NRM electoral commission and the NRM party.
All national special leagues’ chairpersons sit on the party’s Central Executive Committee (CEC), the key decision making organ.
Obal says Gaddafi, by virtue of his current age, is disqualified from continuing to hold the position of Chairperson Youth League.
At 37, Obal says Gaddafi’s age is way above the internationally recognised age group of the youths and is not qualified to continue holding the position of Chairperson NRM Youth League.
NRM FILES DEFENCE
Through K&K Advocates (formerly Kiwanuka & Karugire Advocates), NRM says Gaddafi is legally in office given that the age issue is considered during the time of nominations.
“In reply to paragraphs 5(n), (o) and (p), the 1st and 9th Defendants aver that the 2nd defendant is lawfully occupying the office of Chairperson NRM Youth League and that the qualification of age is only material during one’s nomination and contesting for the position of Chairperson NRM Youth League and not during their tenure in office,” the defence affidavit reads.
NRM wants the case dismissed with costs on the grounds that it is untenable and premature for failure by Obal to comply or first exhaust the party’s internal dispute resolution mechanisms prior to the filing of the same in court; discloses no cause of action; and an abuse of court process since the party electoral Commission Chairman is being sued for failure to hold an election which it is already in the process of conducting.
“…this suit is premature as the 1st defendant is in the process of updating its voter’s register which is one of the preliminary processes in its election cycle before which the 1st defendant is constrained to hold any election for its party structures and organs. The 1st and 9th defendant shall aver that a roadmap for the commencement of the elections within the party was duly issued and released and that the exercise to display and update the members register is the first step on the roadmap,” the NRM says in her defence affidavit.
According to NRM lawyers, the sued CEC members’ term of office was lawfully extended under the Political Parties and Organisations (Conduct of Meetings and Elections) Regulations, 2020 and as well the party constitution.
They aver that due to Covid 19 restrictions in 2020 and lack of enough funds thereafter, the elections could not be held as planned.
NRM also denies connivance to deny Obal or any of its members an opportunity to be elected to serve within the party structures and special organs and describes all other attendant allegations as misconceived, unfounded and entirely speculative of his political fortunes.
“The 1st and 9th Defendants shall contend and prove that they are not liable to the Plaintiff in any way whatsoever and the Plaintiff is not entitled to any of the reliefs claimed against it from this Honourable Court,” the defence affidavit concludes.
THE CASE
In 2020, elections were held to fill CEC positions like that of National Chairperson (unopposed), 1st National Vice Chairperson (unopposed), 2nd National Vice Chairperson(female), and 6(six) Vice Chairpersons representing the Regions of Uganda- East, Central, North,West, Kampala and Karamoja.
However, elections for Chairpersons of the special organs were not held up-to-date.
This is the reason Obal has run to court.
DECLARATIONS
He wants court to declare thus:
That the NRM EC boss Tanga Odoi owes a duty to him as its party member to create an enabling environment for the Plaintiff to grow his political career and participate in political activities under the principle of democracy, transparency and good governance.
That Gaddafi Nassur, chairperson of NRM youth league, by virtue of his current age, is disqualified from continuing to hold the position of Chairperson Youth League in the NRM.
Obal, who recently married a Namibian youth minister wants a declaration that NRM EC boss Tanga Odoi and NRM party’s failure to conduct elections of the internal structures and special organs violated his right to participate and be elected to join the NRM CEC responsible for providing & exercising political leadership in the country.
He says the same decision amounts to a violation of the Laws of Uganda as well as the party Constitution.
Also, he is seeking a declaration that the acts of Gadhaffi, Jim, Tweheyo, Gabriel, Wanyoto, Rukaari and Mafabi by continuing to occupy the positions they hold on the Central Executive Committee after the expiry of their elective term as Chairpersons of their respective organs is contrary to the Laws of Uganda and the party’s Constitution.
Another declaration that the acts of Gaddafi, Jim, Tweheyo, Gabriel, Wanyoto, Rukaari and Mafabi by continuing to derive monetary and other benefits attached to the positions they hold on the Central Executive Committee of the NRM party after the expiry of their elective term in 2020 is contrary to the principles of accountability, democracy and good governance which the 1º Defendant party seeks to promote.
He also seeks a declaration that all the resolutions, decisions and actions taken directly, indirectly or participated in by the league chairpersons since the expiry of their elective term in 2020 are null and void.
ORDERS
He wants court order compelling Ghadaffi to vacate the position of Chairperson Youth League in the NRM party with immediate effect.
He is also seeking general damages for the missed opportunities and political stagnation he suffered occasioned by the failure to conduct timely elections of special organs.
“An Order compelling the Defendants to pay an amount of UGX 344,082,011= (Three hundred Forty-Four Million, Eighty-Two Thousand, Eleven Shillings) in special damages to the Plaintiff.
”An Order compelling Gadhafi, Jim, Tweheyo, Gabriel, Wanyoto, Rukaari and Mafabi to return all the monetary emoluments they have received from the party since the expiry of their elective term in 2020 back to the party.”
Obal also wants court to compel Tanga Odoi led NRM EC to organize elections for the internal structures and special organs in line with the party’s constitution with immediate effect.
He is also seeking costs of the suit.