New documents in the Constitutional court present legal arguments for and against the ruling NRM's endorsement of President Museveni as its sole candidate going into the 2016 elections.
At its retreat in Kyankwanzi in February 2014, the NRM parliamentary caucus adopted the now-controversial sole-candidate resolution, which is being challenged by Benjamin Alipanga in documents filed on April 30.
Alipanga's lawyers argue that endorsing President Museveni as NRM sole candidate was illegal in as far as it doesn't conform to the democratic principles enshrined in the constitution.
"It is a command that positions of leadership ought to be opened to all bona fide Ugandan citizens and the constitution categorically prohibits ring-fencing of any elective position of leadership," they assert.
In January, deputy chief justice Steven Kavuma dismissed an earlier application by Alipanga that sought to temporarily block the approval of NRM's new office-bearers by the party's national executive committee. The targeted leaders were, Justine Kasule Lumumba, who replaced Amama Mbabazi as secretary general; Richard Todwong, the deputy secretary general; Rose Namayanja, treasurer; and Dr Kenneth Omona, deputy treasurer.
In his ruling, however, Justice Kavuma said Alipanga's main application raised constitutional matters that merited investigation. The said application is now due for consideration.
On December 24, 2014, Alipanga, 47, a student of psychology and education sciences at Kent University, challenged in court both the Kyankwanzi resolution and the manner in which it was being popularized.
In its conferencing notes, NRM has indicated it intends to ask court to summarily throw out Alipanga's petition on grounds that it was amended without seeking court permission.
"Pleadings in a constitutional matter are deemed closed upon the filling of an answer to the petition and a supporting affidavit. Read more
Any document filed after closure of pleadings must be done with leave of court," the party argues.
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