The High Court Civil Division has dismissed an application filed by aggrieved National Resistance Movement member Jack Ali Nsubuga challenging the endorsement of Anita Annet Among and Thomas Tayebwa as NRM flag bearers for Speaker and Deputy Speaker positions in the 12th Parliament. In a ruling delivered electronically on Monday, Civil Division Judge Collins Acellam upheld preliminary objections raised by the respondents and dismissed the judicial review application against the National Resistance Movement, Among and Tayebwa.
Nsubuga had sought orders to quash the January 29, 2026, decision by the NRM Central Executive Committee endorsing Among and Tayebwa for the top parliamentary leadership positions. The Central Executive Committee is the top decision-making organ of the ruling NRM party. The applicant also sought orders stopping the implementation of the endorsement and compelling the party to conduct what he described as a lawful and participatory internal selection process.
The court heard that the endorsements were made during a CEC meeting held at State House, Entebbe, and later publicized through media reports in the Daily Monitor and New Vision newspapers. Nsubuga argued that the endorsement process denied other eligible members of the NRM Parliamentary Caucus an opportunity to express interest in the positions.
He contended that the process violated principles of internal democracy, fairness, equality, political participation, and natural justice under the Constitution, the Political Parties and Organisations Act, and the NRM party constitution. He further claimed that the NRM’s nationwide digital membership registration had transformed the party into a mass political organisation requiring broader participatory decision-making in selecting leaders for major positions.
However, the respondents opposed the application, describing it as incompetent, frivolous, misconceived, and an abuse of court process. The NRM, through its Director Legal Services Enoch Barata, argued in an affidavit that the Central Executive Committee acted within powers granted under the party constitution and Parliamentary Caucus Rules of Procedure. The party was represented by lawyer Sebuufu Usaama from K&K Advocates, who asked the court to dismiss the application with costs.
Among and Tayebwa also denied allegations of impropriety and maintained that their endorsement was lawful and conducted in accordance with party procedures. Among was represented by lawyers from Alaka & Company Advocates together with Magna Advocates, while Tayebwa was represented by a legal team from Ortus Advocates. In his ruling, Judge Acellam said the key issue for determination was whether the application was competently before the court.
The judge found that the applicant lacked sufficient legal standing to institute the proceedings in a representative capacity on behalf of what he described as 72,000 NRM LC1 chairpersons because he had not obtained the required court permission under procedural rules. Court also held that Nsubuga failed to exhaust internal dispute resolution mechanisms within the NRM before seeking judicial review.
Judge Acellam explained that the doctrine of exhaustion is now firmly embedded in Uganda’s judicial review framework and requires litigants to first pursue remedies available within institutions before approaching the court. The judge cited previous High Court decisions emphasising that courts should avoid premature interference in internal political party affairs where internal mechanisms exist to resolve disputes.He further ruled that while political parties are subject to constitutional scrutiny, not every internal political disagreement qualifies as a justiciable matter for judicial review. According to the ruling, endorsement of candidates for Speaker and Deputy Speaker falls within the constitutional mandate of the NRM Central Executive Committee under the party’s Parliamentary Caucus Rules of Procedure.
“Courts are guardians of legality, not supervisors of political strategy or internal caucus preferences,” the judge held. The Court consequently dismissed the application for being incompetent, lacking sufficient standing, and failing to exhaust available internal remedies. However, Judge Acellam declined to award costs to any party, noting that the case raised important questions concerning constitutional governance, internal political democracy, and the scope of judicial review in relation to internal party processes, making it a matter of public interest.
The ruling comes as Yoweri Kaguta Museveni, the NRM chairman and head of CEC, is expected to be sworn in on Tuesday for a seventh term as President of Uganda. A day later, newly elected Members of Parliament are expected to begin taking the oath over three days ahead of the election of the Speaker and Deputy Speaker of Parliament later this month. Among the individuals who have expressed interest in the Speakership race is Norbert Mao, the Minister for Justice and Constitutional Affairs and President General of the Democratic Party. Others include Princess Persis Namuganza, the State Minister for Housing-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
