The High Court in Kampala has been asked to dismiss an application by the National Unity Platform (NUP) challenging its exclusion from statutory political party funding, arguing that the case is legally defective and has been overtaken by events since the funds have already been disbursed.
In an additional affidavit filed on October 2, on behalf of the Attorney General, Mr Lawrence Sserwambala, the Executive Director of the Inter-Party Organisation for Dialogue (IPOD), stated that the government’s actions were lawful and in line with the amended Political Parties and Organisations Act.
“The instant application is void from the outset due to fundamental legal defects. The preliminary objection had been raised to the effect that it is an abuse of court process, bad in law, incompetent, frivolous, vexatious and lacks merit,” Mr Sserwambala said.
Mr Sserwambala further noted that the Electoral Commission, acting within its mandate, had already released the first quarter disbursements for the 2025/2026 financial year to all political parties that are members of IPOD.
“The respondent has already released the disbursements to all political parties that are members of the Inter-Party Organisation for Dialogue,” he said.
Attached to the affidavit were payment vouchers showing that on September 30, 2025, the Electoral Commission disbursed funds to six parties; the National Resistance Movement (NRM), Forum for Democratic Change (FDC), Uganda People’s Congress (UPC), Democratic Party (DP), Justice Forum (JEEMA), and the People’s Progressive Party (PPP).
According to the vouchers, NRM received Shs8.5 billion, FDC received Shs756 million, UPC Shs277 million, DP Shs227 million, while JEEMA and PPP each received Shs25 million. The payments were approved by both the vote controller and accounting officer of the Electoral Commission under the budget line for ‘funds for political parties activities for the first quarter of the 2025/2026 financial year.’
Mr Sserwambala further contended that NUP’s case does not meet the legal threshold for the remedies it seeks, including an injunction against the government and the Electoral Commission.
“The applicants’ application is overtaken by events and does not meet the threshold and benchmark for issuance of the remedies sought therein,” he stated.
The Attorney General’s office maintains that the disbursement was grounded in law, following amendments that restricted funding to political parties belonging to IPOD.
“The actions of the respondent in disbursing the funds to the political parties that are members of the Inter-Party Organisation for Dialogue is grounded in the law,” Sserwambala said.
However, it has been learnt that NUP has already expressed interest in joining IPOD.
In a letter dated October 10, 2025, Dr Sserwambala acknowledged NUP’s desire to sign the organisation’s Memorandum of Understanding (MoU) and commended the party’s commitment to strengthening Uganda’s multiparty democracy through constructive dialogue.
IPOD outlined the procedural requirements that NUP must fulfil before becoming a member.
“Allow me to draw your attention to the provisions of the IPOD Memorandum of Understanding, which clearly outline the procedure and prerequisites for joining IPOD. Specifically, Article 5.2.7 provides that ‘a political party eligible to join IPOD shall express its interest in writing to the Secretary to Council,’ where a party is expected to state its intent to participate in the objectives, principles, and obligations of the Organisation,” the letter reads in part.
Dr. Sserwambala clarified that joining IPOD is a process distinct from merely signing the MoU.
A formal written expression of interest must first be submitted to allow the IPOD Council to consider and approve the application. Upon approval, arrangements are then made for the new member to formally accede to and sign the MoU in accordance with its terms.
“Accordingly, NUP should submit a formal written Expression of Interest, affirming the party’s commitment to the objectives, principles, and values of IPOD as outlined in the MoU and indicate readiness to participate in IPOD’s dialogue processes, programs, and institutional structures,” Dr. Sserwambala wrote.
He added that once received, the IPOD Council would process the request in accordance with the MoU and the legal framework under Section 20 of the Political Parties and Organisations Act (as amended), which governs inter-party collaboration and dialogue platforms.
The letter reaffirmed IPOD’s commitment to inclusivity, transparency, and peaceful, issue-based political engagement in Uganda, noting that NUP’s participation would enrich the platform’s diversity and strengthen collective efforts toward a more democratic and sustainable political environment.
NUP, through its Secretary General, Mr David Lewis Rubongoya, had earlier petitioned the court challenging a directive by the Justice Minister, Mr Norbert Mao, which instructed the Electoral Commission to fund only IPOD member parties.
NUP contends that the directive was illegal and discriminatory, noting that it has previously received funding as the second-largest party in Parliament and a member of the National Consultative Forum.
In his earlier affidavit, Mr Rubongoya said the exclusion had crippled NUP’s operations and preparations for the 2026 general elections. He asked the court to declare the directive unlawful and compel the government to release funds to the party.
However, in response, the Attorney General argues that the funds were lawfully allocated and that any challenge to their disbursement is now moot.
“This application has been overtaken by events,” Mr Sserwambala reiterated, calling on the court to dismiss it with costs.
The second respondent, the Electoral Commission, in its written submissions, raised a preliminary objection stating that the application is void from the outset due to fundamental legal defects that constitute a classical abuse of court process, barred in law, incompetent, frivolous, vexatious, and lacking merit.
The Commission noted that Parliament, in June 2025, amended the Political Parties and Organisations Act to restrict government funding to only political parties and organisations that are members of IPOD and participate in its activities.
It said the Minister of Justice and Constitutional Affairs lawfully directed the Commission on August 25, 2025, to disburse funds accordingly.
The Commission argued that the High Court lacks jurisdiction to stop the implementation of an Act of Parliament unless it has first been declared unconstitutional by the Constitutional Court.
“The action of the Minister of Constitutional Affairs was done under the authority of the law and ought to be challenged in accordance with Article 137 of the Constitution,” the Commission submitted.
It added that NUP’s application was frivolous because the party is not a member of IPOD, does not participate in its activities, and has never demonstrated any intention to join the platform.
“The Applicant’s claims lack a good faith basis in law or fact, lack substantive merit or a legitimate legal purpose, thus frivolous,” the submission reads.
The Commission also argued that NUP had not demonstrated any irreparable loss it would suffer, and that any alleged damage could be compensated in monetary terms. It added that the balance of convenience favoured not granting the application since an Act of Parliament represents the will of the people and cannot be lightly interfered with.
Both the Attorney General and the Electoral Commission have asked the court to dismiss the case with costs.
The presiding judge, Collins Accellam, has advised the parties to dialogue instead of fighting each other, noting that there is a reason why Shs1.1 billion remains untouched, and set October 24 for his ruling.