There are mixed feelings after the Supreme Court final vrdiict turned out 4:3 ,with the chief justice ruling that the Age limit appeal challenging the removal of Presidential Age limit failed . Chief Justice, Bart Katureebe ruled that “…the decision of the Constitution Court is upheld and each party will bear their costs,”. The sixth […]
There are mixed feelings after the Supreme Court final vrdiict turned out 4:3 ,with the chief justice ruling that the Age limit appeal challenging the removal of Presidential Age limit failed .
Chief Justice, Bart Katureebe ruled that “…the decision of the Constitution Court is upheld and each party will bear their costs,”.
The sixth Judge of the Supreme Court Justice Jotham Tumwesigye has dismissed the age limit appeal, saying the Constitution Court did not err in declaring Age Limit amendment) having been validly passed.
Tumwesigye upheld the lower court’s ruling saying the people of Uganda were sufficiently consulted.
The Chief Justice Bart Katureebe who was the last to present did not even read his judgement or didn’t need to as some claim, although he cited eye problems.
In his opening remarks, Justice Katureebe attributed the delayed judgment to numerous issues including health problems. Justice Katureebe explained that he was unwell and underwent surgery, adding that he will be flying out of the country the next week to undergo eye surgery.
Of the seven justices; Chief Justice Bart Katureebe, Stella Arach Amoko, Jotham Tumwesigye and Rubby Opio Aweri dismissed the application.
Eldad Mwangusya, Prof Lillian Tibatemwa-Ekirikubinza and Paul Mugamba were the only ones to allow the appeal and nullify the age limit act.
This means that Museveni who will be 75 years in 2021, will be eligible to contest for presidency.
His NRM top organ and MPs have already endorsed him as the party’s sole candidate for 2021 and even beyond.
The appeal stems from a Constitutional Court judgment delivered by a panel of four judges in 2018 upholding the constitutional amendment, which lifted the 75 year presidential age cap. The justices including Cheborion Barishaki, Elizabeth Musoke, Alphonse Owiny-Dollo and Remmy Kasule, said the bill was passed within the laid down procedures.
However, Justice Kenneth Kakuru delivered a dissenting judgment noting that the entire process of amending the Constitution was flawed, since the majority of the legislators never consulted citizens, in whom the power is vested.
Following the constitutional court judgment, city lawyer Male Mabirizi, six opposition members of Parliament and Uganda Law Society petitioned the Supreme Court on 16 grounds indicating that the constitutional court judges erred in law.
Mabirizi particularly noted that the judges erred in law when they failed to state the reasons for their decision not to summon the speaker of Parliament, Rebecca Kadaga to testify on matters that relate to the conduct of parliament and events that dominated the process.
The petitioners demanded that the constitutional amendment process be declared null and void for derogating the right to a fair hearing.
