Detailed: Why Constitutional Court Upheld DP–NRM Cooperation Agreement

Kampala– The Constitutional Court of Uganda has dismissed a petition challenging the cooperation agreement between the Democratic Party (DP) and the National Resistance Movement (NRM), ruling that the agreement does not contravene the Constitution or undermine democratic governance.

In a detailed judgment delivered in Constitutional Petition No. 026 of 2022, the court held that political cooperation and alliances are not prohibited under Uganda’s Constitution and, in fact, form part of democratic practice in multiparty systems.

Background of the Petition

The petition was filed by DP members, including Buikwe South MP Bayigga Michael Philip Lulume and others, who challenged the July 20, 2022 cooperation agreement signed between DP and NRM.

The petitioners argued that the agreement was signed without proper authorization from party organs and that it undermined multiparty democracy. They also challenged the appointment of DP President Norbert Mao as Minister of Justice and Constitutional Affairs in the NRM-led government.

They sought declarations that the agreement was unconstitutional and null and void.

The Petitioners were Lumu Richard Kizito, Michael Phillip Lulume Bayiga, Lukwago John Paul, Fortunate Rose Nantongo, Ssebamala Richard and Kayondo Fred.

The respondents were; Hon. Nobert Mao (President DP) , Hon.Gerald Siranda (Secretary General DP), Democratic Party (DP) and the Attorney General

Court’s Findings

All the five Justices of Appeal who included Hellen Obura, Margaret Tibulya, Kawumi Kazibwe, Monica Mugenyi and Muda Ssekaana had a unanimous decision.

In the lead judgment, Justice Dr. Asa Mugenyi ruled that while the court has jurisdiction to interpret constitutional questions, not every political disagreement amounts to a constitutional violation.

The court emphasized that Uganda’s Constitution does not prohibit alliances or cooperation between political parties.

“Coalitions and alliances are consistent with democratic governance. They embody the democratic values of inclusion, negotiation, and compromise,” the court observed.

The judges noted that democratic governance thrives on negotiation and compromise, and that coalition-building is common in multiparty democracies worldwide.

“There is no provision in the Constitution that expressly bans alliances or coalitions between political parties,” the judgment stated.

On Democratic Governance

The court rejected the argument that cooperation between DP and NRM undermined multiparty democracy.

“Democratic governance thrives on negotiation and compromise,” the court ruled, adding that coalition arrangements are “often essential mechanisms for making democracy work in pluralistic societies.”

The court further stated that legality must be distinguished from political legitimacy.

“Legality is about conformity with the law, while legitimacy is about societal acceptance and moral justification,” Justice Mugenyi wrote.

The court found that the petitioners failed to demonstrate how the cooperation agreement violated Articles 1(4), 8A, 29, 38, 71, and 117 of the Constitution.

Appointment of Norbert Mao

On the appointment of Norbert Mao as Minister of Justice and Constitutional Affairs, the court found no constitutional prohibition against a leader of an opposition party serving in government.

The judges held that ministerial accountability under Article 117 does not bar political cooperation across party lines.

Procedural Concerns

However, the court declined to entertain arguments regarding whether DP’s internal procedures were followed before signing the agreement, stating that such matters fall outside the Constitutional Court’s mandate.

“The mandate of this Court is to interpret the Constitution of Uganda and not those of the parties,” the judgment stated.

The court advised that disputes regarding internal party processes should be addressed through party mechanisms or competent civil courts.

Conclusion

In dismissing the petition, the court concluded that the cooperation agreement between DP and NRM does not undermine democratic governance nor violate the Constitution of Uganda.

The ruling affirms that political alliances remain permissible within Uganda’s constitutional framework.