A Central Executive Committee (CEC) member within Uganda’s ruling National Resistance Movement (NRM) party has brought to light a contentious issue regarding the party’s legal director, Enoch Barata, alleging that Barata’s tenure in office is invalid, thus rendering him unable to manage any legal affairs on behalf of the party.
According to the CEC member, Barata’s legitimacy within the party necessitates approval from the CEC, which has not been granted.
Barata assumed the role of legal director following an appointment by President Museveni in the previous year.
In a letter dated February 21, 2023, President Museveni designated Barata as the Director of Legal Services, stating that Barata would serve in an acting capacity until his appointment was confirmed by the CEC, subsequent to the departure of the previous officeholder, Oscar Kihika, who was appointed as a Justice of the Court of Appeal.
However, it has now come to light that the CEC has never convened to validate Barata’s appointment, thereby raising concerns about the legality of his occupancy of the position.
The CEC member raising these concerns is also one of the defendants in a recent lawsuit filed by an NRM cadre. The lawsuit revolves around the failure to conduct elections for various special organs within the party, aimed at filling internal positions and structures.
These special organs encompass various segments of the party, including youth, workers, persons with disabilities, women, elders, entrepreneurs, institutional leagues, veterans of the National Resistance Army/Movement (NRA/M), NRM branches abroad, and the historical leaders forum.
In a civil suit (HCT-00-CV-CS-0092-2024), Daniel Obal, an aide to President Museveni on youth affairs, through his legal representatives, Apricus Advocates and Solicitors, alleges that several chairpersons of these special organs, including Gadhaffi Nassur, Dominic Mafabi Gidudu, Mwesigwa Rukari, Gen. Jim Muhwezi, Gabriel Kato, James Tweheyo, and Lydia Wanyoto, have overstayed their terms without replacement or re-election.
The lawsuit targets Tanga Odoi, the chairperson of the NRM electoral commission, along with the seven national special leagues’ chairpersons and the NRM party itself.
Upon attempting to serve summons to the defendants to respond to the lawsuit, Obal’s legal team was informed by one of them that the party lacked a valid legal representative, thereby suggesting potential complications for the legal proceedings.
This individual advised sharing the matter with Richard Todwong, the Secretary-General of the NRM, indicating that Barata, the supposed legal director, was working under an unapproved contract, thus invalidating his authority within the party.
Expanding the scope, the failure to hold elections for these positions dates back to 2020, contrasting with the concurrent elections for CEC positions such as National Chairperson, 1st and 2nd National Vice Chairpersons, and six Vice Chairpersons representing Uganda’s regions.
This discrepancy forms the basis of Obal’s legal action.
Obal seeks various declarations from the court, including that Tanga Odoi has a duty to facilitate his participation in political activities within the party, and that certain individuals, due to age or expired terms, are ineligible to continue holding their positions.
Furthermore, Obal contends that the failure to conduct elections violates his rights as a party member and contravenes both Ugandan law and the party’s constitution.
He also requests that the court nullify all actions taken by the incumbents of these positions since the expiration of their terms.
Additionally, Obal seeks specific orders from the court, including the immediate vacation of certain positions and the repayment of any financial benefits received beyond the term expiration.
Moreover, he demands the organization of elections for internal structures and special organs in accordance with the party’s constitution.
Lastly, Obal requests that the defendants cover the costs incurred in pursuing this legal action.
