Overview:
In a unanimous judgment delivered on Monday, a panel of five justices dismissed the petition, ruling that it did not raise constitutional questions warranting interpretation. The panel comprised Justices Asa Mugenyi, Hellen Obura, Musa Ssekaana, Moses Kawumi Kazibwe, and Margaret Tibulya.
The Constitutional Court in Kampala has dismissed a petition challenging the 2022 cooperation agreement between the ruling National Resistance Movement (NRM) and the Democratic Party (DP). The petition was filed by six DP Members of Parliament, led by Richard Lumu Kizito. The others were Michael Phillip Lulume Bayigga, John Paul Lukwago Mpalanyi, Fortunate Rode Nantongo, Richard Sebamala, and Fred Kayondo.
They sought to nullify the agreement signed in July 2022 by DP President General Norbert Mao and President Yoweri Kaguta Museveni. In a unanimous judgment delivered on Monday, a panel of five justices dismissed the petition, ruling that it did not raise constitutional questions warranting interpretation. The panel comprised Justices Asa Mugenyi, Hellen Obura, Musa Ssekaana, Moses Kawumi Kazibwe, and Margaret Tibulya.
The judgment was read by Registrar Jane Mugara on behalf of the justices, although she did not read the full reasoning behind the decision and said copies would be made available to the parties later. Court records show that the legislators sued Mao, DP Secretary General Gerald Siranda, the Democratic Party, and the Attorney General. They argued that as elected DP members and part of the party’s National Executive Committee (NEC), its top decision-making organ, Mao signed the cooperation agreement without proper authority or consultation with party organs.
They also contended that Mao signed the agreement under the title “Chairman General,” a position they said is not recognised under the DP constitution. Under the agreement, DP committed to cooperate with NRM in supporting the government’s governance agenda, including backing parliamentary votes on matters of confidence and supply for the full term of Parliament. The party also agreed to support procedural motions in the House and in select or sessional committees.
Records further indicate that Mao would be appointed Minister for Justice and Constitutional Affairs — a position he assumed after taking the oath on August 2, 2022. The agreement further provided that DP ministers appointed to Cabinet would be bound by Cabinet Rules on confidentiality, public duty and personal interests, and that DP would ensure full voting attendance whenever it committed to support the NRM government.
The legislators maintained that while they did not object to Mao serving as minister in his personal capacity, signing a binding cooperation agreement while still DP President General undermined democratic governance principles enshrined in the Constitution. They asked the court to declare the agreement null and void and issue a permanent injunction restraining DP organs from ratifying it.
The case also exposed internal disagreements within the party. At the time the petition was filed, DP’s then Legal Adviser Nalukoola Luyimbazi — who later resigned and joined the National Unity Platform — through an affidavit sworn by NEC member Ochaki Alex Oke, argued that the case was misconceived and wrongly filed against the party. However, they agreed there had been no formal consultation meeting of party membership or leadership regarding the agreement. DP Vice President Mukasa Mbidde later filed a separate response stating that he had not authorised Nalukoola to respond on behalf of the party. Following the judgment, some DP members criticised the outcome and vowed to appeal.
Edith Byanyima, daughter of longtime DP National Chairman Boniface Byanyima, faulted the party leadership, saying the DP belongs to its members. “DP does not belong to Mao or Siranda. It belongs to the people. We are going to mobilise politically outside the broken structure he has created. We shall make sure that DP exists. DP was built on the blood of its members,” Byanyima said.
Julius Dumba, DP spokesperson for Rubaga Division and a member of the DP At Heart pressure group, said they would challenge the judgment in the Supreme Court. “We are going to appeal this decision in the Supreme Court because this is not the highest body of the judiciary. We are going to appeal so that we can get justice, even if it is delayed,” Dumba said.He added that the decision comes as the cooperation agreement nears its expiry in May 2026 and alleged that the timing was intended to legitimise a possible renewal of the deal. He also claimed Mao was seeking political legitimacy as he contested for the position of Speaker of Parliament.
On the other hand, Kizito Nakkubola, a lawyer representing the respondents, including Mao and the Democratic Party, welcomed the judgment. He said the court unanimously found that the cooperation agreement did not breach the Constitution and that the petition lacked substantive constitutional questions for interpretation. He added that if the petitioners had procedural concerns, they could have sought judicial review before the High Court instead of filing a constitutional petition.
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