The High Court has given approval for the FDC delegates conference organized by the Najjanankumbi faction, scheduled for today. Justice Musa Ssekana, in his ruling, stated that those attempting to obstruct the conference are doing so with malicious intent.
The Katonga faction, led by Wasswa Biriggwa, had filed a petition in court seeking to prevent the conference. In his ruling, Justice Ssekana, issued via email on Thursday evening, expressed that the applicants’ efforts to obtain a temporary injunction were driven by ill intentions.
“The application fails on the preliminary considerations outlined herein and the grounds put forth for the grant of a temporary injunction. The court would not have granted any orders affecting the FDC party as it is not a party to this case,” the ruling stated, dismissing the application. Justice Ssekana emphasized that the interests of the FDC party should take precedence over the applicants, who are NEC members representing 35 percent of the entire National Executive Committee (NEC).
Ssekana argued that there was no merit in the application filed by the Katonga faction, led by Party Chairperson Ambassador Wasswa Birigwa. He believed it would be unjust to halt the Delegates Conference at this point since members had already arrived to attend, and substantial financial resources had been invested in its organization.
“The members have already arrived to attend the Delegate’s Conference, and money has already been expended for the purpose. It would be unfair to stop the conference, which would have both financial and economic implications, as well as causing general confusion among the party membership,” he added.
Ssekana also pointed out that the Katonga faction’s decision to seek a temporary injunction at such a late stage was evidence of their ill intent. They had failed to explain why they waited until October 3, 2023, just two days before the conference, to apply for an injunction, despite the conference date having been set in July 2023.
Ssekana believed that this last-minute action was an attempt to pressure the court and that such delay was a strong reason to deny a temporary injunction, as it is a discretionary and equitable remedy.
“The applicants had a responsibility to demonstrate to the court that this equitable remedy, granted at the court’s discretion, was available to them. They also needed to show that, under the special circumstances of the case, they were entitled to the relief of a temporary injunction, which, in my view, they failed to do,” Ssekana concluded.
The Katonga faction of FDC had filed a lawsuit against Boniface Toterebuka Bamwenda, the Chairperson of the party’s Electoral Commission, accusing him of violating the party constitution and usurping the powers of Party Chairperson Ambassador Wasswa Birigwa. They had also sought a temporary injunction to prevent Toterebuka, his agents, employees, or anyone acting under him, from holding the position of Chief Electoral Commissioner of FDC until the main suit was resolved. Additionally, they had requested the court to stop him from presiding over the internal elections today and prevent the conference from taking place.
The Katonga faction argued that allowing the conference to proceed would undermine the authority of the Chairperson and the National Executive Committee, potentially leading the party into anarchy, disorder, and chaos, to their detriment.
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