Kampala Mayor Nasser Ntege Sebaggala has taken the fight for control of the Democratic Party ahead of the 2011 general elections to the courts, suing its president general Ssebaana Kizito for allegedly halting a delegates' conference initially scheduled for November 26.

In a petition filed on Friday, Mr Sebaggala, commonly known as Seya among his fans, argues that Mr Ssebaana, whom he succeeded as mayor in 2006, breached the party constitution when he cancelled the November 26 conference where, among other things, elections for new office bearers would be held.

Election battle

Among the new office bearers that DP members expected to elect is the party president, who would then automatically become its flag bearer in the 2011 presidential elections should the party decide not to join an opposition coalition and instead front its own candidate.

Mr Sebaggala intends to contest for the DP presidency. The controversial politician stood for the Kampala Mayoral seat - and won - as an independent candidate after withdrawing from the race for the national presidency that he had also entered independently due to disagreements with party officials.

Kampala Central MP Erias Lukwago, who doubles as a legal counsel for DP, told Daily Monitor last evening that the party would issue an official position on the matter this morning.

But Mr Lukwago was dismissive of Mr Ssebagala's petition, saying the party does not have time to waste on him since he deserted it by choosing to contest against their official candidate in the mayoral race in 2006.

"I don't know if he has the locus to file that statement. We have no time to waste on Ssebagala because he made his choice clear when he chose to go as an independent. If we were a democracy, he would even be forced to relinquish his position as a mayor," said Mr Lukwago.

In the application for judicial review, Mr Ssebaggala wants court to issue an order compelling Mr Ssebaana, Party Chairman Joseph Mukiibi and the secretary general to allow the holding of the delegate's conference as scheduled.

Mr Ssebaggala, who insists he is a DP member with a legitimate right to compete for the party leadership, also wants the presiding judge to order the party leadership to lift a suspension of grassroots elections.

Mr Ssebaggala, together with other party members Rogers Fungo, Peter Kulazikulabe and Peter Mutebi Ddamba, argue that the party has failed to hold a delegates' conference as mandated by their constitution and the Political Organisations Act.

The party had resolved on July 18, 2009, to conduct grassroots elections and hold a delegates' conference in Mbale from November 26-29.

Mr Ssebagala is also seeking a court order for Mr Ssebaana, Prof. Mukiibi and the secretary general to pay him damages, saying when he learnt about the decision to halt the conference he was "distraught and pained at heart."

More than four DP party members, including Gulu District Chairperson Norbert Mao, Samuel Lubega, a founding member of the Uganda Young Democrats, and Ssebagala have expressed interest to replace Mr Ssebaana as the party's top honcho. The application is set for hearing tomorrow before Justice Vincent Zehurikirize.