High Court has stopped the suspension of Dr Samuel Odongo Oledo as the president of the Uganda Medical Association (UMA) until the determination of his application challenging his suspension.
A ruling by Justice Musa Ssekaana today (Thursday) stops UMA, its agents or any other person from implementing the resolution from its extra-ordinary assembly convened on December 6, 2022.
“A temporary injunction issues restraining the respondent, her agents or employees and any other persons claiming under her from the implementation of resolutions dated 6th December 2022 until the main cause is disposed of,” Justice Ssekaana delivered his verdict.
This stems from an application Dr Oledo lodged in calling for a temporary injunction restraining UMA, its agents or any other person from implementing the December 6, 2022 resolution suspending him from the leadership of the association.
The medic sought declaratory orders and other judicial review orders to quash the decision of suspending him as UMA president.
The suspension came after the UMA through its acting president, Dr Edith Nakku Joloba and secretary general, Dr Herbert Luswata issued a communication of the resolutions made in the UMA National Executive Committee (NEC) consultative meeting with the NEC and Elders’ Forum held on December 6, 2022.
However, Dr Oledo challenged the resolutions for being illegal, procedurally improper and against the rules of natural justice.
The embattled physician told court that there is an imminent threat that UMA will or has started implementing the resolutions by appointing an acting president to his detriment, noting that the respondent’s resolutions were scheduled for implementation within five and 21 working days.
He said if no injunction is granted, other actions will result in other negative resolutions.
But in his affidavit as the UMA secretary general, Dr Herbert Luswata, said UMA is a nonexistent legal entity with no legal existence and capacity to be sued, thus, no legal action can be instituted or maintained.
The respondent doctor said on December 5, 2022, he received a request to call for an extraordinary general assembly by paid-up UMA complaining that Dr Oledo led a group of unsuspecting medical students, pre-interns and a few interns donning clinical coats to a nationals youth event at Kololo Independence Grounds with majority not UMA members.
The members also accused Dr Oledo of mobilising medical students through their umbrella body- the Federation of Uganda Medical Inters (FUMI) with promises of getting them refreshments and a photo opportunity with President Yoweri Museveni and that he was fully aware of the request for an extraordinary general assembly where his alleged conduct would be discussed and rushed to prematurely file the application in an attempt to frustrate his censure motion.
Dr Luswata added that Dr Oledo had notice of the extraordinary general assembly that was duly convened on November 28, 2022, that passed resolutions removing him from the office of the president of UMA and duly confirming Dr Edith Nakku Joloba as the president with immediate effect.
“The application has been overtaken by events and there is no status quo to maintain,” Dr Luswata argued in his affidavit.
However, in his verdict, Justice Ssekaana said court did not find it fit and proper to determine the preliminary objectives raised by UMA’s counsel without sufficient evidence.
He also dismissed claims that UMA is not a legal entity in Uganda.
“I wish to take judicial notice of the fact that the respondent is indeed a registered entity with a certificate of registration under the laws of Uganda in the name of Uganda Medical Association Limited. I do not understand the basis of the respondent’s argument or contention that the respondent is a nonexistent legal entity with no legal existence or capacity to sue or be sued.” Justice Ssekaana ruled.
The judge also said the applicant’s term of office as the duly elected president of UMA has been interrupted and this is a greater inconvenience caused to him adding that if the temporary injunction is not issued, he may lose an opportunity which may have been filled by a third party since UMA has attempted to have him replaced.
