Monitor's Abubaker & NBS's Zambali lose election petition to UJA, case dismissed with costs.

High court Judge Musa Ssekaana has dismissed with costs an application filed by Monitor's journalist,  Abubaker Lubowa and four others against Uganda Journalists Association (UJA).

The Abubaker function petitioned in court claiming that the current UJA  President, Mathias Rukundo a journalist working with vision group and Secretary General Emmanuel Kirunda also of Vision group, eliminate them from various elective positions of the association for lack of required qualifications. 

In an application filed by Abubaker Lubowa, Zambali Bulasio Mukasa, Emmanuel Nkata, Hasifu Sekiwungu and Martin Kimbowa, they challenged the decision of UJA, its president and secretary general Matthias Rukundo and Emmanuel Kirunda respectively of barring, stopping, eliminating and ejecting the applicants from standing as candidates for elective positions in UJA 2023 elections citing lack of required  qualifications. However court concurred with the respondents thus found no merit in the applicant’s grounds.

Judge Musa Ssekaana in his decision shared to parties via email also dismissed the ground for judicial review saying that UJA is not a public organization as the applicants had asserted.

“In the circumstance the 1st respondent [UJA] is not a public body and cannot be susceptible to judicial review. The application would fail on this ground alone. It is dismissed with costs to the respondents.” Reads the ruling in parts 

The Judge further said that the applicants erroneously obtained a temporary injunction against the respondents in conducting their affairs or electing office bearers in accordance with their constitution and they should compensate the respondents under section 65 of the Civil procedure Act.

WHAT YOU NEED TO KNOW:

On the 17th February 2023, Court blocks UJA elections pending judgement.

High Court in Kampala  issued an interim order temporarily blocking the Uganda Journalists Association (UJA) from conducting their elections that were scheduled to take place on February 25 2023.

The order was issued by the Head of High Court Civil Division, Musa Ssekaana on Friday the 17th of Feb.

According to Justice Ssekaana, the order was to stay in place until February 28, 2023, when the case would be coming up for further directions.

Five journalists sued the Association for stopping them from participating in the upcoming elections.

Abubaker Lubowa, Zambaali Bulasio Mukasa, Emmanuel Nkata, Hasifu Sekiwunga, and Martin Kimbowa are the applicants who dragged UJA, its current president Mathias Rukundo, and secretary-general Emmanuel Kirunda to court.

The five journalists say the decision barring, stopping, eliminating, and ejecting them from standing as candidates for elective positions in UJA is illegal and an abuse of the respondent’s powers.

They add that the actions of Rukundo and Kirunda in organising the election process of UJA including the nomination process and subsequent vetting, in which they are also candidates, are illegal.

In their main suit, they wanted court to declare that the decision of the respondents in refusing to pass them through to go for final elections during the annual general meeting was a nullity as it is tainted with illegality, irrationality, bias, and procedural impropriety.

They also seeked an injunction, restraining the respondents from stopping them participate in the final election.