Uganda People’s Congress (UPC) Chairman Edward Kakonge has dismissed claims by Lira Municipality MP Jimmy Akena that the Court of Appeal ruling that nullified his presidency was overtaken by events and cannot be implemented.
In a statement through his Lawyers from Galisonga and Co Advocates, Prof Kakonge wrote 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.”
Prof Kakonge noted that the 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.
According to the ruling of the Court of Appeal, Akena was found to be occupying the position of President of the Uganda People’s Congress(UPC) party illegally, and didn’t have any right to manage the affairs of UPC.
The Court ruling also means that 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 contravention of the same is illegal and contemptuous of court, which in itself is a crime.
The press statement quotes Prof Kakonge explaining that 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.
“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,” concludes Prof Kakonge.
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