Supreme Court Rejects UPC’s Appeal, Akena’s Presidency Invalidated
The Supreme Court has made a ruling to remove Jimmy Akena from his position as the Uganda People’s Congress (UPC) president. The court stated that there were no extraordinary circumstances to justify hearing the application without prior permission from the Court of Appeal, as requested by the UPC and its electoral commission.
This decision from the Supreme Court followed a 2015 High Court ruling, which determined that Akena was not the legitimate president of the UPC and therefore removed him from office. Dissatisfied with this ruling, the UPC, along with its electoral commission, appealed the decision to the Court of Appeal.
In 2020, the Court of Appeal also ruled that Akena had been holding the office of UPC president illegally, as the party had never conducted lawful elections. Three justices from the Court of Appeal, including Irene Mulyagonja, Christopher Madrama, and Elizabeth Musoke, unanimously agreed and ordered the UPC to organize new elections for the position of party president.
In response to the Court of Appeal’s decision, the UPC and its electoral commission filed an appeal with the Supreme Court. On October 13, 2023, the Supreme Court issued a ruling that stated there was no right to appeal the interlocutory orders of the Court of Appeal.
The justices explained that this position was taken to prevent unnecessary appeals and delays in handling cases that depended on decisions related to interlocutory matters. As a result of their findings, the court upheld the respondent’s preliminary objections, declined the requested leave, and dismissed the application, imposing costs on the applicant.
