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AKENA NOT UPC PRESIDENT

Date and time inserted: 17/11/2015 - 11:40:05

EVERYTHING YOU WANTED TO KNOW WHY AKENA IS NOT UPC PRESIDENT

 

COURT DID NOT RULE THAT AKENA IS LEGITIMATE UPC PRESIDENT

Contrary to statements issued by Jimmy Akena on 31 October 2015,  the learned Hon. Justice Yasin Nyanzi, of the Civil Division of the High Courts, reserved his decision on application for temporary injunction against Jimmy Akena. Hon. Justice Nyanzi DID NOT rule that Akena was a legitimate president of UPC. That question, is at the heart of the main suit, from which the application for temporary injunction had arisen. The good learned Jutice Nyanzi reserved his decision because not to do so would have disposed of the main case. Instead, he has now set 7 December 2015, to begin hearing the main case, which challenges Akena’s claims to the UPC Party Presidency.

All UPC leaders and all Party members countrywide,  and the public at large, should note that Akena is not a legitimate Party President. The Party constitution is clear on how UPC elects its President. What happened on 30 May 2015, was a nomination of candidates for Party President. This process was incomplete and inconclusive, because on 1 June 2015, Akena and his mob disrupted the process of verifying the results from the district conferences, by the Party Electoral Commission. And on 5 June 2015, he and a group of hooligans forcibly occupied Party Headquarters, with the help of police and other armed state agents.

Subsequently, on 1 July 2015, he turned a ‘’consultative meeting’’, which  he had himself called, into a ‘delegates’ conference’; where he proclaimed himself ‘’Party President’’. All these are alien to the provisions of the UPC constitution on the elections of Party President. It is the reason the Party went to court to challenge these  unlawful, illegal and illegitimate actions.

Therefore, anyone dealing with Akena as ‘’Party President’’ does so at their own peril and detriment. This is very simple and straight forward: Akena was NEVER ELECTED UPC Party President; as provided for under Articles 11.2 (6) and 13.3 (5) of the Party constitution. Moreover, on 29 October 2015, Justice Nyanzi DID NOT, and NO OTHER COURT DID, RULE that Akena is UPC President.

When the court, through hearing and disposal of the main suit, confirms what we have known all along, that Akena WAS NEVEVER ELECTED, and HE IS NOT UPC PRESIDENT, those who are legitimizing his illegalities, lawlessness and violence; or those whose nominations to elective positions,  for local government and parliamentary elections,  are endorsed by Akena,  will suffer the consequences; including losing their seats and offices.

 

 

 

WHY AKENA IS NOT UPC PRESIDENT

 

It should not be difficult to understand this. To help our members, the public and the media, here are some frequently asked questions (FAGs)-questions and answers (Q & A)- on current UPC constitutional and leadership issues.

1.QUESTION: What happened on 30 May 2015, under Article 11.2 (6) Duties of a District Conference?

ANSWER: Article 11.2 (6) Duties of a District Conference provides that: The district Conference shall: Nominate by majority vote a candidate for the Party Presidency. That is what happened on 30 May 2015.

2.QUESTION: Was this an election?

ANSWER: No. This was not an election; it was ‘’nomination’’  of a candidate or candidates for Party Presidency.

3.QUESTION: Did the delegates to the district conference vote? If so, what were they voting on?

ANSWER: Yes. Delegates to the district conferences voted. They voted to nominate, NOT to elect, candidates for party Presidency.

4. QUESTION: So those who get the majority votes of the district conferences become candidates for Party Presidency, BUT not ‘’President Elect’’; is that right?

ANSWER: Yes. Those who get or win majority votes of  the district conferences become candidates for Party Presidency; BUT NOT ‘’President Elect’’; because a winner or winners of the district conferences become ‘’candidate’’ or ‘’candidates for Party Presidency’’; NOT ‘’President Elect’’.

5. QUESTION: How and where is one then elected Party President?

ANSWER: It is ONLY the Delegates’ Conference (DC), that elects UPC Party President. This is provided for by UPC Constitution in Article 13.2 (5) under Duties and Powers of the Delegates Conference. It states that, the Delegates Conference shall: Elect the Party President…such President to be elected from candidates approved by a majority vote of at least one third of all District Conferences.

6.QUESTION: Who convenes the Delegates’ Conference?

ANSWER: It is the Party President who calls the Delegates Conference. This is provided for by the Party Constitution in Article 13.3 (2) Meeting of the Delegates Conference, which provides that: The Party President shall call the Delegates Conference by giving one month’s notice in writing, stating the agenda, date, place and time of the meeting.

7. QUESTION: Where the Party Constitution says ‘’Party President’’, that refers to the ‘’sitting’’ Party President, is that correct?

ANSWER: Yes. That is correct. It means the Sitting or current Party President.

8. QUESTION:  Did the district conferences, on 30 May 2015, nominate any candidate or candidates for Party Presidency?

ANSWER: No. The Party Electoral Commission did not complete verification and authentication of provisional results received by sms and telephone, against the information on signed declaration forms which they had brought back from the districts.

9. QUESTION: Why was the verification and authentication not completed?

ANSWER: The Party Electoral Commission did not  complete verifying the results because Akena group stormed Party HQ on 1 June 2015, held members of Party Electoral Commission hostage and forced them to declare him ‘’President Elect’’.

10. QUESTION: Does the Party Constitution provide for the position of a ‘’President Elect’’?

ANSWER: No. There is no position for ‘’President Elect’’ under UPC constitution. The President is elected as provided for under Article 13.2(5) and immediately sworn in as Party President; s/he takes over the leadership of the Party there and then.

11. QUESTION: It is said that Akena was the only candidate who met the threshold of at least one third endorsement of the district conferences , and therefore, he was ‘’unopposed’’ and automatically ‘’elected’’ and became ‘’President Elect’’. Is this correct?

ANSWER: No. That is not correct. No candidate was nominated because the Party Electoral Commission did not finish verifying the results. Therefore, there was no basis to assess who had and who had not received the required endorsements of the District Conferences. This was also the view of the Independent Commission of Inquiry, which was instituted by the Party President to investigate irregularities and other concerns regarding the 30 May 2015, nomination exercise.  In any case, even if there was only one candidate, that candidate would still have to be presented to the Delegates Conference to elect him or her as Party President.

12. QUESTION: Does it mean that even if there was only one candidate, or only Akena for that matter, who met the requirement for one third endorsements by the District Conferences, he or she or Akena would still be merely ‘’a nominated candidate’’ to be presented to the Delegates Conference to be elected Party President?

ANSWER: Yes. Absolutely! Even if there was only one candidate, or if Akena was the only candidate,  who met the requirement of Article 13.2 (5) of the Party Constitution, that is getting at least one third of the nomination of the District Conferences, he would still be merely a nominated candidate, not ‘’President Elect’’, to be forwarded to the Delegates Conference for election as Party President in fulfilment of Article 13.2(5).

13. QUESTION: Does this mean the declaration of Akena as ‘’President Elect’’ was wrong and illegitimate; and null and void under the UPC Constitution?

 ANSWER: Yes. It was wrong, illegitimate and null and void. Only the Delegates Conference can elect a Party President as provided for under Article 13.2(5) of the UPC Constitution (cited above). In addition, there is nothing such as ‘’ President Elect’’ under UPC Constitution, customs, traditions and practice.

14. QUESTION: But on 1 July 2015, Akena ‘’convened’’ a ‘’Consultative Meeting’’ which was converted into a ‘’Delegates Conference’’, which subsequently ‘’elected ‘’  or ‘’proclaimed’’ him ‘’Party President’’. Was this valid or not?

ANSWER:  No. That was not a UPC Delegates Conference. Only the Party President can call a Delegates Conference, as pointed out in QUESTIONS (5-7) above. That Party President is Olara Otunnu, by the provision of transitional clauses of Article 26 (1-2) of the Party Constitution and the ruling by Hon. Justice Stephen Musota on 6 May 2015, clarifying that Olara Otunnu was the legitimate UPC Party President. Since Olara Otunnu did not call that Delegates Conference, it was illegitimate; and everything done under or by it, was and is null and void under the UPC Constitution.

15. QUESTION: Is it true that UPC and Olara Otunnu went to court to challenge the legitimacy of Akena as ‘’Party President’’?

ANSWER: Yes. It is true. That is Civil Suit No. 238 of 2015, UPC & 7 Others Versus Akena & 5 Others. The suit seeks the declaration that:

a.     The forceful entry by the defendants and occupation of Floor six (6) of Uganda House is unlawful.

b.     An order eviction of the defendants and their agents or employees from Floor Six (6) of Uganda House.

c.      A permanent injunction restraining the defendants from retaking Floor Six (6) of Uganda House by force ever again .

d.     That Hon. Jimmy Akena was not validly nominated as a candidate for UPC Presidential Elections and that he has not been validly elected as President of the UPC Party.

 16. QUESTION: The media reported last week, based on a press release signed by Akena,  that the courts delivered judgement in that case and that Hon. Justice Yasin Nyanzi ruled in favour of Akena as the ‘’legitimate UPC President’’. Is this true?

ANSWER: No. That is completely false and a gross misrepresentation of the court. First, the judge did not rule on the case. Second, what happened on 29 October 2015, was a hearing on application by UPC & 6 Others, for a temporary injunction against Akena & 5 others, until the main case is heard and disposed of. Third, the learned Judge did not rule that Akena was the legitimate President of UPC. No.  Fourth, the learned judge reserved his decision on the application for temporary injunction because the question before him was the core question to be resolved in the main suit. What he did was to leave the situation as is, and instead, he set a date, 7 December 2015, for a hearing and final disposal of the main suit.

17. QUESTION: This is confusing, is it not? So who is the legitimate UPC President?

  ANSWER: Yes, it may seem confusing; but it should not be. The current and legitimate UPC President is Olara Otunnu, under the provision of the UPC Constitution and the clarifications by a competent court of law on 6 May 2015.

18.QUESTION: Besides the courts, what is there politically to suggest support for a UPC constitutional order separate and different from and opposed to what Akena represents?

ANSWER: Except for a minority in Lango and a fluid situation in Buganda;  and except for Kanungu District in Kigezi; and Butaleja in Bukedi, UPC members and leaders have roundly rejected Akena’s attempt to overthrow the UPC constitutional order. UPC leaders and members in Acholi, West Nile, Teso, Karamoja, Bugisu, Sebei, Bukedi, Busoga, Kigezi, Rwenzori, Ankole, Tooro and Bunyoro, have remained firm and resolute against Akena’s collusion with the state to seize and destroy UPC. 

16 November 2015

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For more information on this and other matters, contact Okello Lucima, Party Spokesperson +256-757-190157, okello.lucima@gmail.com

 

 

 

 

 

 


 
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