But on July 21 2020, the party presented a list of its new party leaders together with the necessary minutes of the delegates conference held a week before, the basis of which the changes were approved by the Electoral Commission. The two government lawyers also argued that there was no evidence to prove that the applicants were founder members of NURP.
However, in his ruling on Wednesday, Ssekaana, the deputy head of High court Civil Division disregarded all grounds for the case and instead focussed on the fact that the case was filed in a manner that abused the court process.
Ssekaana explained that the application which was seeking for a judicial review was filed after a year, yet such applications are supposed to be filed within three months after being aggrieved with a certain decision. According to Ssekaana, the application was filed on August 24, 2020, yet it should have come to the courts by June 6, 2019.
To that effect, Ssekaana noted that using his inherent powers as a judge, he decided to put Kibalama and Simbwa on the list of applicants basing on their testimonies. Accordingly, he dismissed the application and ordered that all the four applicants; Kibalama, Simbwa, Twaha and Basile pay costs to the respondents in his decision delivered to parties via email.
Kyagulanyi described the case as bogus and thinks that it was only brought up to vulgarise and disrupt the pace at which NUP was moving in the run-up to the 2021 elections. However, he added it was encouraging to know that there are judges who still stand for the value of speaking the truth and protect their integrity.
"We know that we live in a country where institutions have more or less died, but again we’re glad to know that even in rotten institutions, there are still those Ugandans who will stand for values and we applaud them. Fellow Ugandans out there, continue believing in the truth because yes, it is the truth we stand for and the truth shall prevail," said Kyagulanyi.
Medard Lubega Sseggona, the Busiro East MP who was leading the legal team of NUP in the case, called upon all Ugandans seeking for change to take the mantle in the main war of ousting President Museveni’s NRM regime.
"The struggle is not over, but this is a struggle against the people of Uganda. The people of Uganda continue in the struggle to break the chains that have enslaved them in their own country. I mean if we could win this battle, we’re winning the rest of the battles. We’re therefore handed back the mantle to Ugandans out there, fight your war. This is your war and be strong because this is not just a war, we’re fighting a just cause. This is our country, we cannot surrender the country, we have no second home," Sseggona.