PHOTO: What next? When Lwere met some leaders
● Read About All The 20 Grounds Supporting Pastors’ Application In Court
● They Demand Accountability For The Funds Collected For Election Road Map Which Lwere Later Suspended
NEWS EDITOR MEDIA TEAM
THE war within National Fellowship of Born-Again Pentecostal Churches (NFBPC) Uganda against the dictatorial tendencies of Bishop Joshua Lwere, the outgoing General Overseer (GO) who some Pastors accuse of plotting not to leave office after the expiration of his two terms, has taken a new twist.
This investigative news website can reliably report that, the rift between Joshua Lwere and Born -Again Pastors whose reasoning is that his time as their leader is up, has turned into a legal battle which analysts have predicted to leave this man of God naked!
Latest, from High Court Kampala Civil Division, through his lawyers of Messrs LMN Advocates, Bishop Shadrack Kaganda, a Pastor attached to Garment of Love and Mercy Ministries and also a Member of the National Fellowship for Born-Again Pentecostal Churches in Uganda has dragged to court Bishop Joshua Lwere and 13 (thirteen) other top Pastors who are in bed with Lwere, seeking for an Order of injunction restraining them from interfering with the electoral process of leaders of the NFBPC.
Lwere and his clique suspended electoral process of leaders of the National Fellowship for Born Again Petecostal Churches and called an Annual General Assembly which Bishop Kaganda, who is believed to be supported by over 2000 pastors says, the decisions are illegal, unfair, irrational and ultra vires.
Bishop Kaganda a former leader of National Fellowship for Born-Again Pentecostal Churches is a registered member number 232624 and his Certificate Number BAC/CE/0455 is valid from 2018 to 2023.
The Miscellaneous Cause No. is 071 of 2022. In the matter of the judicature (Judicial review) rules S.1 No. 11 of 2009 and in the matter of an application for Judicial review seeking the prerogative orders of certiorari, mandamus prohibition, declaration and injunction.
The respondents are;
- National Fellowship of Born-Again Pentecostal Churches – Uganda
- Bishop Joshua Lwere (General Overseer)
- Bishop Mark Wamala (General Secretary)
- Pastor George Oduch (NTR)
- Bishop Daniel Waddimba (National Public Relations)
- Bishop Moses Odong (NC)
- Bishop Don Tumusiime (Regional Overseer Ankole)
- Bishop Julius Kamiza (Regional Overseer Eastern)
- Bishop Leonard Sserwadda (Regional Overseer Southern)
- Bishop Micheal Grace Okello (Regional Overseer Kigezi)
- Bishop Hudson Ssuubi (Regional Overseer Central)
- Bishop Hudson Luwagga (RO)
- Bishop Harry Moris Bukenya
- Bishop Eprahim Okello
- Apostle Darlington Rogers Zziwa
NOTICE OF MOTION
[Brought under Section 36 (1) (b) (c) (e) and 38 of the Judicature Act Cap 13 as amended by Act No. 3 of 2002 and Rules 3,4,5,6 & 7 of the Judicature (Judicial Review) Rules 2009 S.1 No. 11 of 2009 as amended by S.1 No. 32 of 2019]
According to the notice given, “High Court will be moved on the 1st day of September 2022 at 12:00 O’clock in the fore/afternoon or so soon thereafter as counsel for the Applicant can be heard on the Applicant’s behalf when this Honourable Court will be moved for orders of Judicial reliefs of:
● A declaration that the 2nd Respondents’ decision to suspend electoral process of leaders of the 1st Respondent is illegal, irrational and ultra vires.
● A declaration that the 2nd Respondent to the 12th Respondents’ decision to call for and/or convene an Annual General Assembly of members of the 1st Respondent during the electoral process is irrational and ultra vires.
● A declaration that the 2nd Respondent to the 12th Respondents’ decision to call for/or convene an Annual General Assembly is conduct prejudicial, unfair, unjust treatment and irrational to the aspiring candidates involved in the electoral campaign desiring to be elected as the new leaders of the 1st Respondent.
● A declaration that the agenda item no. 7 of the intended Annual General Assembly to review the 1st Respondents’ Constitution is ultra vires.
● A declaration that the agenda item no.8 of the intended Annual General Assembly to review of the tenure of Electoral Commission and Constitutional Review Commission is irrational.
● An order of Certiorari to quash the 2nd Respondent to the 12th Respondents’ ultra vires decision of calling or convening Annual General Assembly
● An order of Mandamus to compel/direct the 1st Respondent’s Elders Council Members led by the 14th Respondent to govern the 1st Respondent.
● An order of Mandamus to compel/direct 1st Respondent’s Electoral Commission led by the 15th Respondent to continue with conducting of elections of leaders of the 1st Respondent as slated in the electoral road map launched.
● An Order of injunction restraining the 2nd Respondent from interfering with the electoral process of leaders of the 1st Respondent
● An Order of prohibition against the 2nd Respondent to the 12th Respondents from making decisions that halting, intervening or interfering with the electoral process of leaders of the 1st Respondent.
THE GROUNDS OF THIS APPLICATION
- That applicant (Bishop Shadrack Kaganda) is a member, former leader of the 1st Respondent (National Fellowship of Born-Again Pentecostal Churches Uganda) and has direct to interest in the affairs of the 1st Respondent
- That applicant is aggrieved with the 2nd Respondent to the 12th Respondents’ decision to cancel or suspend electoral process or activities and convene an Annual General Assembly/Meeting.
- That the 2nd Respondent’ decision to cancel or suspend electoral process or leaders of the 1st Respondent is conduct prejudicial, unfair, unjust treatment and irrational to the aspiring candidates involved in the electoral campaign desiring to be elected as the new leaders of the 1st Respondent illegal, irrational and ultra vires.
- That it is in the interest of justice, that this application be granted.
AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION
“I Bishop Shadrack Kaganda of C/O Messrs LMN Advocates solemnly swear and state as follows;
- That i am adult male Ugandan of sound mind, the Application herein well conversant with facts of this Application in which capacity I depose this affidavit.
- That I am a Pastor attached to Garment of Love and Mercy Ministries and also a Member of the Respondent Company. His membership Registration number 232624 and Certificate Number BAC/CE/0455 valid from 2018 to 2023.
- That the 1st Respondent (NFBPC) was on the 24th day of November 2016 incorporated under the Companies Act No. 1 of 2012 as a company limited by guarantee owing to the desire to have a single and a collective voice for all member Born Again Pentecostal Churches in Uganda.
- That the Company’s objects are to promote and safeguard the unity, harmony and a true sense of fellowship and ethics in Born-Again churches to contend, defend and protect the strong and weaker churches corporately considered to be professing a sound biblical doctrine, among others.
● That on 9th day of February 2022, the office of Electoral Commission of the 1st Respondent launched an electoral road map that was accepted and adopted by all organs and members of the 1st Respondent.
● That according to the said Election road map, on the 15th day of September 2022, 29th September 2022, 27th October 2022, 1st December 2022 and 16th March 2023 are slated dates for election country wide. Sub county leaders, District leaders Provincial leaders, Regional leaders and the National Election day for National Governing Council respectively.
● That pursuant to the election road map, the intending aspirants expressed interest at all levels from National to Sub counties.
● That prior to the launch of the Election road map on 16th November 2021 at Streams of Life Church Mengo, Kampala, Rubaga division, an extra ordinary General Assembly/meeting was held.
● That the main or most important agenda items were reviewing of the status of Electoral Commission and Constitutional Review Commission in the said Extra ordinary General Assembly/meeting
● That said agenda items were considered under Minute Number 4 & 5 at page 17 of the said minutes of the Extra Ordinary General Assembly/meeting and a vote was conducted and 46 of the members who had attended the said meeting agreed to extend the tenure of the members for both the Electoral and Constitutional Review Commissions for a period of two years as suggested by Electoral Commissioner Bishop Roger Zziwa
● That the reason for the extension of the tenures of the members of Electoral Commission was based on the ground of not disrupting or interfering with the forthcoming elections
● That surprisingly, the resolution at page 21 of the minutes of the said meeting state that, the tenure of both Electoral and Constitutional Review Commissions were extended for a period until the holding of the General Assembly
● That on 24th June 2022, the 2nd to the 12th Respondents passed a resolution as the National Governing Counci:
~ Calling for an Annual General Meeting slated for the 22nd – 25th August 2022
~ Suspended all Election Commission activities and
~ further stopped all aspiring candidates at all levels from expressing interest, without consultation from the National Consultative Assembly which is the top echelon of the company.
● That the Annual General Meeting is slated to look into the amended Constitution of 2016 without recommendations from the Constitution Review Commission which has the prerogative of inquiring and making consultations as regards the Constitution.
● That the impugned Annual General Meeting is slated to look into and/or revise the tenure of the company Electoral Commissions and the Constitution Review Commission yet the tenure of members of the said commissions were extended.
● That the said Annual General Meeting is intended to sabotage the election road map of over 1000 electoral positions of the 1st Respondent that was launched and accepted by all company organs on the 9th day of February 2022.
● That the said Annual General Meeting is intended to usurp powers vested in the 1st Respondent’s organs such as the Constitutional Review Commission vested with the mandate of making inquiries and consultations with other organs of the 1st Respondent.
● That the 13th to 15th Respondents have failed and/or reneged on their duty of advising the National Governing Council as required by the Company Constitution which has led it to come up with ultra vires decisions.
● That the 14th Respondent failed to act and/or respond when the National Governing Council usurped it’s powers of organising elections.
● That the key members of the 1st Respondent have been kept out of all decision making and management processes of the 1st Respondent
● That I depose this affidavit in support of this application for orders sought and costs.
● That it is just fair, equitable and in the interest of justice that this Application succeeds and that this Honourable Court grants these orders we seek.
In our next story, we leak you a tough dossier written by a group of senior Pastors, demanding for accountability for the funds collected to facilitate the electoral process which was later suspended by Lwere and his clique. Now Pastors want to know the whereabout of the money they collected.
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