Justice Sekaana NUP ruling is illegal, says Male Mabirizi. Whisper Eye Reports
City Lawyer Male H. Mabirizi K. Kiwanuka disagree with Justice Musa Sekaana’s ruling in the National Unity Platform (NUP) Party case.
Mr Mabirizi has wrote a statement reacting on the verdict that has given NUP party current leadership victory after High Court confirms that it was legally registered and dismissed the case with costs.
Lawyer Mabirizi states;
Fellow citizens, I have read the 12-page Ruling of Judge Musa Sssekaana (who is being investigated by Judicial Service Commission over his conduct in our case against Simon Byabakama’s illegal stay at Electoral Commission) in the case of BAILE DIFASI & ORS vs. National Unity Platform & ORS, Uganda High Court Misc. Cause No. 226 of 2020 where the controversy is on the leadership of the NUP Political Party.
As civically active Ugandan and a Champion of Rule of Law in this Pearl of mankind, I point out the following:
Secondly, they also appeared now to be aggrieved since they never received what had been promised to them as a consideration for surrendering the party.
Since in the testimony/cross examination, they wanted the promised 5,000,000$.
This court in exercise of its inherent powers, has joined the said respondents to become part of the applicants.”
How will people in future volunteer to give evidence if giving evidence can make you a party and condemned to costs?
This is what I call “Judicial Fraud”; a Judicial officer portraying falsehoods to be the truth.
The truth is the two are not applicants, but Ssekaana is falsely making them to be so.
It is commonsense that all decisions must conform to the issues but it seems Ssekaana is too incompetent for the judicial office even to understand this.
At page 7 of his ruling, he lists 4 issues that; Whether or not the Applicants have locus standing to bring the Application; Whether or not the change of the Party name from NURP to NUP was in breach of the Party Constitution and or any other legal provisions regulating political parties;
Whether or not the election and assumption of party offices by the 3rd to 9th Respondents was in breach of the Party Constitution and or any other legal provisions regulating political parties; Available Remedies.”
which was never agreed upon as an issue, relied on his other decision of mine to which there is a pending appeal and he is being investigated, to claim that the applicants would have filed Judicial Review and that since they did not, then they are out of time.
How can someone be out of time for Judicial review in an application which is not for Judicial Review?
The intention of the framers of this provision was that the administration of Justice should not be bogged down by procedure but almost 25 years since the enactment, an incompetent Ssekaana is here closing out Ugandans on claims that there is no procedure or that they used a wrong one.
Did it require rocket science for Ssekaana to read this very good decision? Ssekaana must have been removed from the Judicial office as early as last year.
Was he privy to preparatory meetings of the case to discover that the applicant’s needed money especially that among their prayers, the applicants are not asking for specified money.
Ssekaana is indeed incompetent.
Because having filed the suit on 24th August 2004, that was 44 days after the event.
This Judge must be removed from office in public interest before the worse comes to the worst.
NUP party led by Kyadondo East legislator Kyagulanyi Robert Ssentamu also known as Bobi Wine, members have celebrated High Court victory today across the country.
The controversial ruling has calmed down the situation among NUP party flag bearers that it is clear they will use the Umbrella symbol in the forthcoming elections.
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