COURT OF APPEAL JUDGEMENT OVERTAKEN BY EVENTS

COURT OF APPEAL JUDGEMENT OVERTAKEN BY EVENTS

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UPC PRESS STATEMENTSeptember 8, 2020
On Monday, 7th September 2020, the Court of Appeal finally came to its conclusion after a period of over 5 years in various courts. The Court of Appeal has upheld the order of the High Court of 2015 that, “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”. But this the matter which began even before I assumed office where the late Joseph Bossa actually sued his president Olara Otunnu, who in turn did not enter any defense on behalf of the Party. It was only after the Consultative Meeting of 1st July 2015 where the UPC Delegates endorsed me as their Party President that I put in a defense. After putting in a defense on behalf of the UPC and the late Edward Segannyi on behalf of the UPC Electoral Commission, Olara Otunnu swore an affidavit in support of his preferred candidate, Joseph Bossa so that they could have another opportunity to impose leadership on the UPC.
I got involved in the case as it went ahead because I was the single person who was going to be most affected by any decisions which did not involve my participation in this process as I had campaigned across the country and received an overwhelming support across the length and breadth of Uganda. The threshold of securing as a majority vote in one-third of the Districts in 2015 was a total of 37 out of 112 Districts then (the current threshold is 45 since we now have 135 Districts). What was never in dispute in 2015 was that I secured a majority vote in 67 Districts; Joseph Bossa secured 11 Districts, Edward Kakonge 2 districts, David Pulkol 12 Districts, David Nyote 4 Districts, Julius Ochen 9 Districts, Benson Obua Ogwal 1 District with Dan Okello and Sam Musamali emerging without securing a majority vote in any District. 
I received the mandate of members of Uganda Peoples Congress and basing on that mandate, I took an oath to defend that mandate and I have gone through the processes of defending that mandate. The Nyanzi Ruling was delivered in December 2015, whereby we appealed the Ruling and secured a stay of execution and an Interim order which was maintained by the Justices of the Court of Appeal on 29th July 2020 giving authority to continue running the affairs of the Party until the final disposal of the case.
On the 1st August 2020 we conducted a Delegates Conference, which process began on 26th June 2020 with the issuance of a roadmap following the revised roadmap issued by the Independent Electoral Commission. The Delegates Conference elected me as its President for a Term beginning 1st August 2020 and not exceeding 31st July 2025. Therefore, in essence of this ruling of 7th September 2020 upheld the order of Justice Nyanzi of 2015 for the term of office which began in 1st July 2015 and ended by 31st June 2020, but because of the Covid lockdown, we went one month beyond that period and we were able to conclude on the 1st of August 2020. The Ruling therefore has been overtaken by events and does not affect my new term as Party President.
I wish to state clearly that the term in question in this court process is the term of 2015 to 2020. It has got absolutely nothing to do with the new term of 2020 to 2025. So, with that in mind, we are continuing with the process of rebuilding the Party. I wish to encourage Party members to continue with the mobilization as we head towards the general elections of 2020/2021.
We have successfully completed most of the processes at various elective levels of: Parish Councilors, Sub county Chairpersons, Municipality Mayors, Division Mayors and Councilor, City Mayors, LC V Chairpersons and Councilors. On behalf of the Party and my own behalf, I congratulate all candidates who passed through primary elections and those unopposed.  We encourage those who were unable to go through to rally behind the Party Flag Bearers to demonstrate the spirit of solidarity with the Party. 
We are now left with the Parliamentary primaries which are going to be held on 26th September 2020 and then we continue onto the general elections. I wish to remind Party members and Parliamentary Candidates that the deadline for returning nominations is Friday 11th September 2020.
In conclusion, the Court of Appeal Judgment has been therefore overtaken by events. The new leadership has already completed the processes of establishing its self within the law and as such we will continue with the mandate of the Uganda Peoples Congress members who expressed in due processes right from the District Conferences of 16th – 26th July and concluded by the Delegates Conference of 1st August 2020. I must congratulate you, members of the District Conferences and Delegates Conference for exercising your constitutional mandate as per articles 11.2 (6) and 13.2 (5) of the UPC Constitution. I thank you.
For God and My CountryJ. Akena MPPRESIDENT

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