The Uganda People’s Congress party President Jimmy Akena has faced another defeat after the supreme court struck down an application that sought to stay the court of Appeal orders that nullified Akena’s elections.
In a unanimous decision supreme court Justices, Alphonse Owiny Dollo, Faith Mwondha, Lilian Tibatemwa Ekirikubinza, Percy Tuhaise and Mike Chibita held that the Jimmy Akena faction had no right to appeal an interlocutory decision of the court of Appeal in the supreme court without first seeking leave of the same court.
In their application, which had Prof John Kakonge as the respondent after the passing away of Joseph Bbossa the former UPC vice president, the Akena faction argued that the decision of court of Appeal that froze the party bank accounts had an immediate impact on the operations of the party ahead of the 2016 general elections.
However, before the matter be determined, Prof Kakonge raised an objection, saying Jimmy Akena and his group had no right to appeal in the supreme court without seeking leave from the court of Appeal.
The Justices upheld this objection arguing that appeals against interlocutory orders arenot allowed unless they are sanctioned by the court of Appeal. They argued that if they are just allowed, they have the potential of clogging the court system and delaying the substantive appeals from being heard.
It is clear from the provisions of law that, there is no right of appeal to supreme court from interlocutory orders which are incidental to the appeal and do not result from the final determination of the appeal itself.
In 2015, Joseph Bbosa, Prof John Kakonge and Otto Amiza filed an application for judicial review in the High court against UPC and it’s electoral commission challenging the election of Jimmy Akena as the party President elect as being illegal and the election exercise being full of malpractices.
The high court Judge Yasin Nyanzi held in favour of Joseph Bbosa group by declaring the election of Akena void and illegal for violating the UPC party constitution. This forced the Akena group to go to court of Appeal and Appeal the matter.
They also lodged substantive application for a stay of execution of the high court orders which was granted. However the court also issued an order stopping the Jimmy Akena from operating the bank accounts of the party until the matter was decided.
But despite these two rulings, Jimmy Akena has continued to hold the office as the party President of UPC
Addressing the media today at Uganda house in Kampala Akena insisted that he is still the legal party President of UPC and those who want him to quit the office are self seekers who want to disorganise the party.
He called upon party members to stick on mobilization campaigns as the party prepares for the coming General elections of 2026.