High Court Judge Isaac Muwata on Thursday issued an interim injunction restraining UPC president, Olara Otunnu, or any other person acting on his behalf from exercising any powers that violate the 2008 amended constitution pending the disposal of a formal suit on February 7th.
Court has also issued an order restraining the UPC president from disrespecting and refusing to abide by the same constitution, particularly the transition provision regarding holders of offices appointed under the previous constitution.
Party officials David Pulkol, Edward Rurangaranga and John Odit among others filed a petition to challenge their sacking from UPC executive and consequent replacement by Otunnu.
On December 14th, Otunnu sacked secretary general John Odit and the secretary for publicity and national mobilization, David Pulkol, for allegedly working against him. A week later, he sacked the party chairman, Major Edward Rurangaranga, who had opposed the sacking of the two officials.
Rurangaranga said Otunnu breached the provisions of Article 26 of the UPC constitution which states that when the constitution comes into force, all persons holding offices under the previous constitution shall continue to hold office until new elections are held under it.
Otuunu last month said he had consulted with all the party bodies and was acting within powers given to him by the constitution. He argues that as Party President he is given powers to appoint and fire officials. The only power given to the Party President to sack national officials is in Article 14.3 subsection 2 (b).
The Article gives power to the President to dismiss or replace any of the members nominated by him and approved by the next National council meeting following the replacement. However, the national council is yet to sit ever since the new constitution was gazetted.
The party has been operating under the 1970 constitution which was also inherited by Otunnu. The UPC Annual delegates’ conference on November 22nd 2008 amended the constitution and passed it as a new constitution for the party.
It was then gazetted on the December 5th 2011. This means all officials elected by Otunnu will have to hold their seats until new elections are held under the new constitution, a position the court injunction emphasised.
The petitioners were represented by Crispus Ayena Odongo while Otunnu was represented by David Nyote.
The party Vice President Joseph Bbosa could not be reached for a comment. But Professor Edward Kakonge, who was appointed by Otunnu to replace Rurangaranga as party chairman, declined to comment arguing that he needed to read the injunction first.
