We don’t know Mbabazi – NRM

Kampala. Former prime minister Amama Mbabazi’s presidential bid has encountered its first hurdle, with the National Resistance Movement (NRM) disowning his candidature and putting the Inspector General of Police on notice.

In a June 20 letter to Gen Kale Kayihura, a copy of which this newspaper has seen, Ms Kasule Lumumba, the NRM secretary general, writes: “Amama Mbabazi is not an aspirant sponsored by the NRM political organisation within the meaning of the NRM constitution and the law.” The letter is written in response to a June 19 letter by the police chief, seeking clarification from the NRM on Mr Mbabazi’s intention to hold public meetings and consultations on his bid announced last week.

Mr Mbabazi had earlier written to the Electoral Commission, notifying it of his nationwide consultations which kick off with a tour to Mbale District on July 9. Mr Mbabazi did not, in his letter to EC chairman Badru Kiggundu, say he was consulting as an NRM presidential aspirant.

The contradiction
On June 18, Dr Kiggundu gave the deposed NRM secretary general the greenlight entwined with legal provisos, asking him to carry on his consultations without violating the Presidential Elections Act, 2005.

Ms Lumumba’s letter adds: “Mbabazi’s notice to the National Electoral Commission that he intends to contest for president as an NRM flag bearer is not only speculative but also illegal.” She said his aspirations have not been endorsed by the party. Mr Mbabazi’s legal team, however, argues that a Ugandan’s political aspirations are a right guaranteed under the 1995 Constitution and an attempt by a political party to subdue the same is null and void to the extent of its inconsistency with the supreme law of the land.”

Ms Lumumba adds: “He has no locus standi to hold public meetings as a prospective presidential flag bearer of the NRM.” She, however, does not prescribe a course of action to the police should Mr Mbabazi carry on with his programme. Attempts to get a comment from Gen Kayihura were futile by press time while repeated telephone calls and texts to police spokesman Fred Enanga went unanswered.

Mr Jothan Taremwa, the EC publicist, fell short of giving Daily Monitor a definitive answer on whether the electoral body would rescind its earlier permission to Mr Mbabazi.
He said: “I cannot say yes or no, let us wait and see how it goes.”  Mr Taremwa added: “If you read our letter to Mr Mbabazi, we guided him that his programme should be harmonised with the party constitution and other relevant laws and that he should not have any legal encumbrance from his party or other laws governing elections.”

Ms Lumumba’s letter is not copied to both Mr Mbabazi and the EC. When contacted, Mr Fred Muwema, Mbabazi’s advocate, laughed off Ms Lumumba’s letter, saying it held no legal ground.

Mbabazi lawyer responds
Mr Muwema, who said he would officially respond to the IGP and NRM today, said: “The right for somebody to offer themselves for elective office is constitutional and cannot be overshadowed by a party constitution or any other law passed by Parliament and anything by a party to subjugate that right is unconstitutional. The EC cleared our client so a party cannot go against the EC, which oversees elections.” Mr Ofwono Opondo, the NRM deputy spokesman, confirmed the letter and said the party was blind to Mr Mbabazi’s aspirations, calling him ‘a holdout’.

“That is factually true. NRM has not called for nomination so we have no aspirant which Mbabazi is purporting to be,” Mr Opondo said in an interview. “An aspirant must wait for the party EC, names are sent to the Central Executive Committee which hasn’t happened so he is a holdout and NRM should not only warn the police but take him on in court. These are the party rules he wrote and has been applying so he cannot conduct activities without the SG’s clearance,” he added.

key stakeholders speak out:

Jothan Taremwa, EC publicist.
“If you read our letter to Mr Mbabazi, we guided him clarifying that his programme should be harmonised with the party constitution and other relevant laws and that he should not have any legal encumbrance from his party or other laws governing elections.”

Kasule Lumumba, NRM secretary general. “Mbabazi’s notice to the National Electoral Commission that he intends to contest for president as an NRM flag bearer is not only speculative but also illegal,” as his aspirations have not been endorsed by the party. He has no locus standi to hold public meetings as a prospective presidential flag bearer of the NRM.”

Fred Muwema, Mbabazi’s advocate. “The right for one to offer themselves for elective office is constitutional and cannot be overshadowed by a party constitution or any other law passed by Parliament and anything by a party to subjugate that right is unconstitutional. The EC cleared our client so a party cannot go against the EC, which oversees elections.”

What the NRM constitution says

Article 88(2) of the NRM constitution says: “The presidential candidate for the NRM shall be selected by the National Conference from a candidate recommended to the National Conference by the National Executive Council pursuant to article 12(3) of this constitution, S.3 of the Presidential Elections Act [16 of 2005] provides that an aspirant may consult in preparation for his or her nomination as a presidential candidate and prepare his manifesto and campaign materials within twelve months before the nomination date.