High Court Throws out Nakku’s Case against NRM, NIRA — Upholds Her Disqualification

High Court Throws out Nakku’s Case against NRM, NIRA — Upholds Her Disqualification

The High Court in Kampala has dismissed an application by Fiona Nakku, who sought to stop her removal as the National Resistance Movement (NRM) flag bearer for the National Female Youth Member of Parliament position.

Justice Collins Acelam, sitting in the Civil Division, ruled on August 23 that the request for an interim injunction had been overtaken by events since the National Identification and Registration Authority (NIRA) had already reverted Nakku’s date of birth to December 20, 1994 — making her ineligible for youth positions under the National Youth Council Act, which defines youth as persons aged 18 to 30.

Nakku, through her lawyers, had asked court to restrain NIRA from changing her biodata and to compel NRM to maintain her candidature, arguing that she had been unfairly de-nominated after valid nomination.

She also claimed that new nominations would render her pending judicial review application meaningless.

But the court held that Nakku had not demonstrated how she would suffer irreparable damage as a result of her de-nomination.

NIRA, in its affidavit, argued that Nakku’s attempt to change her birth year from 1994 to 1997 lacked legal basis, noting that the birth certificate she presented was a nullity because it was issued under a repealed law. NRM also told court that it acted lawfully after receiving several petitions questioning her eligibility.

Justice Acelam dismissed Nakku’s application without awarding costs. Her main judicial review and temporary injunction applications remain pending.