In a judgment delivered by Justice Christopher Gashirabake on April 25, 2025, the Court ruled that there was no legal basis to stay the High Court’s orders that quashed the Board’s rejection of Nsubuga’s reappointment and the appointment of an Acting CEO. The ruling clears the way for Nsubuga to resume leadership at URBRA, while paving the path for the appointment of a new, lawfully constituted Board.
Background to the Dispute
Martin Nsubuga, appointed as URBRA CEO for an initial five-year term, had sought reappointment prior to the expiry of his contract in May 2019. However, URBRA’s Board — composed at the time of Hon. Bigirwa Julius Junjura, Mutebi David Ronnie, Ninsiima Ronah Rita, and Dr. Mary Kanyiginya Tizikara — declined to recommend him for another term and instead advised that the position be externally advertised. Simultaneously, they recommended the appointment of Ms. Rita Nansasi Wasswa as Acting CEO.
Nsubuga challenged these decisions in the High Court through judicial review, alleging illegality, bias, and procedural impropriety. The High Court agreed, quashing the Board’s actions, restoring the status quo, and prohibiting the Board members from continuing in office. The Minister of Finance was directed to appoint a properly qualified Board in compliance with the Uganda Retirement Benefits Regulatory Authority Act.
Facing removal, the four Board members and the Acting CEO, together with URBRA itself, sought a stay of execution in the Court of Appeal.
Court of Appeal’s Analysis and Findings
In dismissing the application, the Court of Appeal found that it was defective, confusing, and lacked merit. However, the Court opted to proceed with its determination in light of the significant public interest at stake.
Justice Christopher Gashirabake ruled that the High Court’s orders — which restored Martin Nsubuga as CEO and barred the disqualified Board members from office — had taken immediate effect and were self-executing. As such, they required no formal process of execution under the Civil Procedure Act.
The Court further observed that the Applicants had failed to demonstrate a strong likelihood of success in their pending appeal. While Hon. Bigirwa Julius Junjura and Mutebi David Ronnie, both former Members of Parliament, presented arguable claims regarding their qualifications to serve on the URBRA Board, the other Applicants, Ninsiima Ronah Rita and Dr. Mary Kanyiginya Tizikara, failed to produce any credible evidence to show that they met the statutory requirements set out under Section 8 of the URBRA Act.
Breaking Barriers: Charles Mudiwa on Intergenerational Leadership at Makerere Similarly, the Court found that the Acting CEO, Rita Nansasi Wasswa, had not established any valid grounds for overturning the High Court’s finding that her appointment had been made in violation of a subsisting court order.
Justice Gashirabake emphasized that allowing the disqualified Board members to remain in office would significantly undermine public confidence in URBRA and compromise governance standards in the management of retirement benefits.
The Court noted that its decision was heavily influenced by the legal advice of the Attorney General, who had recommended compliance with the High Court’s judgment, as well as by Cabinet directives that similarly supported the enforcement of the orders.
Ultimately, the Court stressed that the public interest in protecting the integrity and proper governance of URBRA — a statutory body responsible for regulating retirement benefits and pension schemes in Uganda — far outweighed any personal or reputational concerns raised by the former Board members.
Implications for Martin Nsubuga and URBRA
The Court’s decision solidifies Nsubuga’s position as the lawful CEO of URBRA, at least pending proper actions by a newly constituted Board and the Minister.
He is restored to the leadership of the authority, benefiting from not just a judicial victory, but also high-level executive support from Cabinet and the Attorney General’s chambers.
However, the matter is not completely over. The new Board, once properly appointed in compliance with Section 8 of the URBRA Act, retains the legal authority to evaluate and determine Nsubuga’s long-term leadership at the Authority. Nevertheless, his vindication by both the High Court and Court of Appeal provides a strong foundation for his continuity.
Meanwhile, the ruling compels the Minister of Finance to act swiftly to constitute a new URBRA Board populated with members possessing the requisite experience in retirement benefits management, law, finance, banking, or actuarial studies, as mandated by law.
