Ousted Uganda People’s Congress President Jimmy Akena has been told to respect court’s decision against his party presidency. In a statement released by Julius Galisonga and Co advocates representing Prof. Edward Kakonge, they advised Akena to respect court stand.
Below is the full statement from Galisonga.
RE: CIVIL APPEAL NO. 020 of 2016 and MISC. APLN NO. 019 OF 2016, UGANDA PEOPLE’S CONGRESS & ANOTHER VS PROF. EDWARD KAKONGE
The attention of our client, Prof. Edward Kakonge, has been drawn to the whataboutism and whataboutery of the Hon. Jimmy Akena, MP and his fans on the true import and implications of the decision in Civil Appeal No. 020 of 2016, which was delivered recently by the Court of Appeal, by which the aforesaid Hon. Jimmy Akena, MP, is claiming that the decision was over taken by events.
We wish to clarify as follows;
1. That the Hon. Jimmy Akena’s claim to the helm and leadership of UPC, relates back to the events in 2015, by which Hon.Akena Purported to have been elected President of the Uganda People’s Congress.
2. That the said purported Election of Hon. Jimmy Akena, MP, was nullified by the High Court in Misc. Cause No. 086 of 2015, from which Hon. Akena and his group Appealed to the Court of Appeal, Vide Civil Appeal No. 020 of 216.
3. On the 29th Day of July 2020, when the said Appeal and Misc. App. No. 019 came up for hearing, the attention of court was drawn to an intended delegate’s conference organized by Hon. Jimmy Akena, MP, set for the 1st day of August 2020 and court issued an interim order, specifically staying the said delegates conference as well as barring the Appellants/Applicants from operating the Party’s Bank accounts.
4. In total disregard of the aforesaid express orders of court, Hon. Jimmy Akena, MP. went ahead to hold the stayed delegate’s’ conference, upon which Prof. Edward Kakonge proffered contempt proceedings against Hon. Jimmy Akena, MP.
5. Subsequently court of Appeal in its final Judgment, confirmed the decision of the High court in Misc. Cause No. 086 of 2015 and nullified the purported election of Hon. Jimmy Akena, with the following implications;
a. Hon. Jimmy Akena MP. having been found to have illegally been occupying the position of President of the Uganda People’s Congress party, he didn’t have any right to manage the affairs of UPC;
b. The Purported delegates conference having been held in contravention of a court order issued in the presence of the Parties and their lawyers and duly extracted and served on the same day, was duly binding and acting in
6. contravention of the same is illegal & contemptuous of court, which in itself
is a Crime.
c. In the circumstances nothing legal can obtain from an illegality, to wit
contempt of court and of course the express decision of court nullifying the election of Hon. Jimmy Akena, MP.
d. Indeed, beyond posturing in the press, Hon. Jimmy Akena, MP. cannot even operate among others, the party Accounts, as he is now not recognized as leader of UPC.
e. Having decided as court of Appeal did, the legal position standing is that Hon. Amb. Olara Otunu and/or any person, in this case. Senior Counsel Peter Mukidi Walubiri hold the reigns of the party and are in the process of effecting the findings of court by among others takings steps to carry out functions under the UPC constitution.
We wish to advise that obeying court orders is the best course of action for every Ugandan, because, like mothers, courts are the best and last place of recourse in the event that anyone feels aggrieved and needs protection and disobeying orders, by which curts operate is self defeating in the long run to the disobeyers!
GALISONGA & Co Advocates.