EALA Aspirant Petitions Parliament Over Rejected Nomination, Unopposed NRM Approval

East African Legislative Assembly (EALA) aspirant Abdallah Mugerwa has petitioned Parliament, challenging what he describes as an unlawful refusal by the Clerk to Parliament to receive his nomination papers and the subsequent approval of two National Resistance Movement (NRM) candidates without a vote by Members of Parliament.

The NRM Parliamentary Caucus recently endorsed Stella Kiryowa and Fred Rwakaizi Bangumya as its official flag bearers for Uganda's two vacant East African Legislative Assembly (EALA) seats , throwing out other aspirants.

However, in a July, 23 petition to the speaker of Parliament, Mugerwa argues that the Clerk's decision denied him the opportunity to participate in a lawful electoral process while also denying legislators their constitutional and treaty-based mandate to elect Uganda's representatives to the regional assembly.

"The refusal by the Clerk to receive my nomination denied me the opportunity to participate in a lawful electoral process and denied Members of Parliament the constitutional and treaty-based right to freely elect Uganda's representatives to the East African Legislative Assembly," Mugerwa states in the petition.

He contends that the clerk exceeded the administrative mandate of the office by excluding a qualified aspirant from the nomination process, saying such action undermined the principles of fairness, transparency, equal opportunity and democratic participation that govern EALA elections.

Mugerwa further challenges the approval of two NRM candidates without subjecting their candidature to a vote in Parliament, arguing that the process violates Article 50 of the Treaty for the Establishment of the East African Community.

According to him, Article 50 requires that EALA representatives be elected by the National Assembly from among persons nominated by political parties represented in Parliament, special interest groups and other stakeholders through a democratic process.

Mugerwa cites a 2012 judgment of the East African Court of Justice in which it was held that Uganda's EALA election procedures must comply with Article 50 of the Treaty and reflect the political diversity of Parliament.

"The Court emphasized that EALA elections must not be manipulated in a manner that deprives eligible candidates of participation or Members of Parliament of their right to elect representatives through a transparent democratic process," the petition reads.

Mugerwa argues that approving candidates without a formal vote defeats the essence of an election.

"Election necessarily involves deliberation and voting by Members of Parliament. Dispensing with voting where there are nominations or where candidates have been excluded through irregular administrative action defeats the democratic safeguards contemplated under Article 50," he says.

In the petition, Mugerwa asks Parliament to declare the Clerk's decision rejecting his nomination null and void and to review and set aside the approval of the two NRM candidates.

He also wants Parliament to conduct what he describes as a lawful EALA election that fully complies with the Constitution, the Rules of Procedure, the EAC Treaty and the jurisprudence of the East African Court of Justice.

Additionally, he is seeking an assurance that all duly qualified nominees are accorded equal opportunity to participate in the election process.

Mugerwa warns that if Parliament does not address the issues raised, he will seek legal redress.

"Should these irregularities remain unaddressed, I reserve my right to seek appropriate redress before the competent courts and the East African Court of Justice for violations of the Treaty and the rule of law," he states.