The Civil Division of the High Court in Kampala has issued an interim injunction halting the forthcoming elections for journalists’ body, Uganda Journalists Association.
Five journalists including Abubaker Lubowa, Zambaali Blasio Mukasa, Emmanuel Nkata, Hasifu Ssekiwunga and Martin Kimbowa dragged UJA president Mathias Rukundo and Secretary General Emmanuel Kirunda alongside the Uganda Journalists Association for stopping them from participating in the forthcoming election on February, 25.
On Friday, the five petitioners through their lawyer, George Musisi of PACE Advocates asked court to halt the forthcoming polls set for next week until the main case is disposed of.
The five journalists told court that allowing the elections to proceed before the main case is disposed of would be to their disadvantage.
Justice Musa Ssekaana reasoned with the petitioners that it would serve no meaning for court to allow the forthcoming elections to go on before the main case is heard and determined.
"It is hereby ordered that this court issues an interim injunction pending the determination of the main application for temporary injunction," Justice Ssekaana said.
He set February 28 as the date to hear the main case.
Commenting about the ruling, journalist Abubaker Lubowa welcomed the decision that he said would help serve justice.
“What we seek is a fair process where there is no conflict of interest. We want the process to be open for everyone who wishes to stand to be able to put their manifesto before the voters so they can decide who they want,” Lubowa said.
UJA president, Mathias Rukundo who was among those sued said they will abide by the court directive to halt all the processes for election.
The main case
The five aggrieved journalists aver that the decision by the three respondents to stop and eject them from participating in the forthcoming election as candidates is illegal and an abuse of their powers.
“The process leading to the decision or directive and the decision itself of the respondents communicated to the applicants on February, 3, 2023 barring, stopping, eliminating, and ejecting the applicants from standing for elective positions in the first respondent association is illegal, ultravires, irrational, unreasonable, unfair and an abuse of the respondent’s powers,” the court documents read in part.
The petitioners aver that there was a conflict of interest and biasness on the side of the organisers of the election since both of them are candidates.
Whereas Rukundo is aspiring to retain the position of president, Kirunda seeks to return as UJA secretary general.
The petitioners say this is illegal since it depicts a conflict of interest on the side of the two UJA leaders.
“The second respondent is the president and the third respondent is the secretary general of the said association but are not mandated to organize elections.The actions of the two were biased , unfair and illegal meant to to deny the applicants chance of fully participating in the electoral as envisaged in the constitution.”
The petitioners say the requirements asked for by UJA and the two other respondents were outside the provisions of the association constitution.
They want court to declare that the process of organizing the UJA election was illegal but also kicking them out of the race was against the constitution.
The group also wants court to issue an order stopping the ongoing election but also for a fresh process which is done under the provisions of the UJA constitution.
