UPC: Another Party Saga As Supreme Court Nullifies Akena's Presidency!

In a written judgement on 13th October 2023, The Supreme Court of Uganda, in a unanimous decision, dismissed UPC ( James Akena’s-) Application to Appeal against Court of Appeal Decision of 29th July 2020 which upheld Judge Nyanzi’s High Court Decision of December 11, 2015

In the case filed by Joseph Bbosa (deceased) later by KAKONGE and AMIZA OTTO, against the UPC and Elections Commission, Judge Yassin Nyanzi ruled that:

1. The Delegates Conference that chose James Akena as UPC President was ILEGAL as it violated the UPC Constitution.

2. Judge Nyanzi issued an order Of certiorari against UPC (James Akena)

UPC (James Akena) appealed against the Judge Nyanzi decision, but this appeal was dismissed by the Court of Appeal . In a majority judgment delivered by Judge Mulyagonza in September 2020, the court affirmed that James Akena’s election as UPC President was NULL AND VOID.

UPC (James Akena) failed and/or refused to appeal Judge Mulyagonza’s decision to the Supreme Court.

Bizarrely, UPC (James Akena) then went to the Supreme to make a separate application for an order to appeal against the Court of Appeal decision, something that it should have e automatically done within the specified time frame.

At interim hearing on 25th March 2022, both parties were ordered by Court to file WRITTEN SUBMISSIONS.

UPC (James Akena) failed to file any written submissions despite the fact that it is the appellant in the case.

UPC (James Akena) also failed to appear at the hearing of the application for permission to appeal, so the matter was disposed of in their absence.

The Supreme Court ruled that

1. Leave to appeal Court of Appeal Decision denied as issues cited by UPC (James Akena) such as Elections of 2021 were moot as they had already lapsed.

2. Interim Injunctions issued against UPC (James Akena) from operating UPC Bank Accounts lapsed.

3. The Judgement of Judge Nyanzi of as affirmed by Court of Appeal stands.

4. James Akena’s appointment as UPC President is ILLEGAL and NULL AND VOID.

This now leaves UPC in a legal quandary as it does not have any legally constituted leadership

In KAKONGE V UPC AND UGANDA ELECTIONS COMMISSION, Judge Nyanzi ruled that James Akena was not legally elected as President of the UPC, and is unlawfully calling himself "President” of UPC, a judgement later affirmed on appeal.

But the Courts did not issue any MANDATORY. or CEASE AND DESIST ORDERS against UPC or James Akena.

It simply asked the parties to try to resolve the dispute through mediation.

But the Supreme Court has now confirmed that James Akena and his crew at 6th Floor, Uganda House are illegal squatters and the respondents John Kakonge and Amiza Otto, or any other UPC member can now go back to the High Court to seek orders banning James Akena from passing himself of as UPC President, and from having access to UPC bank accounts.

They can ask for the following orders, among others :

1. Declaration from court that James Akena is fraudulently calling himself president of UPC.

2. A CEASE and DESIST ORDER by court, preventing James Akena from calling himself President of UPC.

3. An order from court declaring that James Akena is illegally occupying premises on 6th Floor, Uganda House, and an order for his eviction.

4. An order preventing James Akena from nominating any person to compete or stand for election or selection for MP or LC

5. An order from court preventing banks from conducting any business with James Akena or anybody acting on his behalf.