NUP Sues Government Over Exclusion from Political Party Funding

The National Unity Platform (NUP) has petitioned the High Court’s Civil Division in Kampala, contesting what it calls the unlawful exclusion from statutory political party funding.

In a suit filed against the Attorney General and the Electoral Commission (EC), NUP seeks a judicial review of a directive issued on August 25, 2025, by Minister of Justice and Constitutional Affairs Norbert Mao, which instructed the EC to distribute public funds to only six political parties, excluding NUP.

NUP, Uganda’s second-largest party in Parliament, argues that the minister’s directive is illegal, irrational, procedurally improper, and contrary to both the Constitution and the Political Parties and Organisations Act. The party notes that the directive was issued before the necessary statutory instrument to operationalise recent amendments to the law had been enacted, rendering any resulting actions null and void.

An affidavit by NUP Secretary General David Lewis Rubongoya states that the party has received quarterly statutory funding since the 2021/2022 financial year. He further affirms that NUP is an active member of the National Consultative Forum (NCF), where it serves as Deputy Chairperson, yet it has been excluded from key consultations regarding the implementation of the Political Parties and Organisations (Amendment) Act, 2025.

The amendment, assented to on June 15, 2025, limits political party funding to parties that belong to and actively participate in the Inter-Party Organisation for Dialogue (IPOD). NUP contends this requirement is discriminatory, unconstitutional, and was adopted without its consent.

Rubongoya adds that neither the statutory instrument nor the Memorandum of Understanding governing the new IPOD framework has been shared with NUP, despite repeated written requests.

He cites a September 4 letter protesting the directive and demanding inclusion in the amendment process, which has gone unanswered. NUP further says it only learned through media reports that an IPOD Summit was held on September 18 at Kololo Independence Grounds, where decisions on party funding were made without its involvement.

Unless stopped by the Court, NUP argues, the EC will disburse public funds to six parties for the July-September quarter, violating NUP’s rights and legitimate expectations. Rubongoya warns that the exclusion threatens to cripple the party’s operations ahead of the 2025/2026 general elections.

The party seeks a declaration that the minister’s directive and subsequent EC actions are null and void, an order compelling release of its funding, and a permanent injunction against future exclusions on similar grounds.

EC Litigation Counsel Eric Sabiiti and Lawyer Hamidu Lugolobi have asked the court to dismiss the case with costs, calling it incompetent, frivolous, and an abuse of process. Sabiiti argues that the relief sought is unconstitutional and beyond the High Court’s powers, asserting that decisions on political party funding remain the parties’ own responsibility. He maintains that implementing the statutory provision is more appropriate than granting NUP’s requests.

Justice Collins Acellam has scheduled the matter for mention on October 10, 2025. On Monday, the Attorney General requested two days to file a formal reply, after which NUP’s lawyers will respond on Friday. The judge will then review whether all parties have complied with his directives.

At the September 18 IPOD Summit, where President Yoweri Kaguta Museveni handed over the IPOD Council leadership to Norbert Mao, parties including JEEMA, FDC, and UPC were present. NUP, however, was notably absent.