CONSTITUTIONAL PETITION NO. 0026 of 2022; LUMU RICHARD & 5ORS VERSESMAO NORBERT & 3ORS

I. Introduction.

This petition arose from the Cooperation Agreement signed on 20 July 2022 by the President
of the Democratic Party (DP), Hon. Nobert Mao (supposedly for and on behalf of the DP)
with the National Resistance Movement (NRM). Briefly, the agreement formally committed
DP to cooperate with and support the NRM government on specified legislative and
governance matters, including backing motions of confidence and supply, and positioned
DP leaders — including Hon. Mao himself— within the Government of Uganda. Specifically,
Hon. Mao was appointed to the Cabinet as Minister of Justice and Constitutional Affairs.
Following leaking of the agreement, six DP Members of Parliament filed Constitutional
Petition No. 0026 of 2022, challenging the legality and constitutionality of the agreement and
the process that led to its endorsement.

The Judgement.

On Monday 2 March 2026, the Constitutional Court dismissed the petition, holding that the
cooperation agreement and appointment of a leader of another party into Government does
not contravene the 1995 Constitution. The court further held that failure to follow internal
party mechanisms and disagreement with specific provisions of the cooperation agreement
did not raise a matter of constitutional interpretation and the aggrieved parties can seek
redress elsewhere

Positive Takeaways.

• The Constitutional Court emphasised that the Court (Judiciary) has Jurisdiction to
  inquire into the Constitutionality of acts of the ruling Government, if they contravene
  the Constitution. This was a departure from previous court rulings that regarded over
  reach by the Executive as a “Political Question” in which courts could not intervene.
  The Justices actually intimated that NRM Party would have been equally sued since
  it signed the cooperation agreement.
•  The court agreed that the agreement has an effect on multi party democracy and
  democratic governance. It is therefore not an ordinary document/contract and should
  be treated as such.
• The court agreed that appointment of a leader of another party into government has constitutional implications.