Uganda's Age limit case: MPs lose, Museveni wins as Citizens frown
President Museveni emerged top winner while MPs
and Local Councils were the biggest losers in the age limit petition
following the Constitutional Court’s majority ruling that upheld the
removal of the 75-age ceiling for president but quashed the extension of
the term of the current Parliament.
The judgement was delivered at the High Court in Mbale District where the hearing was held yesterday.
The
five justices on a 4:1 majority verdict ruled that the MPs followed the
law in amending Article 102(b) of the Constitution that removed the age
limit on the presidency and allowed Mr Museveni to stand for
re-election as many times as he wishes.
Accordingly,
sections 2, 5, 6, 8, 9 and 10 of the Constitution Amendment Act are
struck out. All the five justices unanimously nullified the extension of
the term of Parliament and Local Councils 3 and 5 from five years to
seven.
The dissent was only on whether the whole Act is a nullity. On this issue, the Deputy Chief Justice Owiny-Dollo and justices Remmy Kasule, Elizabeth Musoke and Cheborion Barishaki upheld the Act while Justice Kakuru dissented and declared the whole amendment process null and void.
The dissent was only on whether the whole Act is a nullity. On this issue, the Deputy Chief Justice Owiny-Dollo and justices Remmy Kasule, Elizabeth Musoke and Cheborion Barishaki upheld the Act while Justice Kakuru dissented and declared the whole amendment process null and void.
However, the five justices of the court
unanimously declared that sections 1,3, 4, and 7 of the Constitution
Amendment Act No. 1 of 2018, which removed the age limit for the
President and chairpersons of Local Councils 3 and 5, were passed in
compliance with the Constitution.
“They therefore
remain the lawful and valid provisions of the Constitution Amendment Act
No. 1 of 2018,” ruled Justice Owiny-Dollo, who led the panel of five
justices of the court.
However, the same court in a
majority decision, said the extension of the MPs’ term of office was
done without the participation of the electorate, a move the judges said
was against principles of good governance.
“By a
unanimous decision, court declares sections 2,5,6 8, 9 and 10 of the
Constitution Amendment Act of 2018, which provide for the extension of
the tenure of Parliament and local government councils by two years and
for the reinstatement of the presidential term limits, unconstitutional
for contravening the provisions of the Constitution,” Justice
Owiny-Dollo further stated.
On the extension of the
tenure of Parliament, all the five justices unanimously agreed that the
MPs were elected by the people under a social contract for only five
years and cannot vary their stay in office without consulting the
electorate. The petitioners had asked court to determine whether
sections 2 and 8 of the Act extending or enlarging the term of
Parliament from five to seven years was unconstitutional.
The court also nullified the restoration of presidential term limits saying they were passed by Parliament unconstitutionally.
The two five-year presidential term limits were removed by Parliament in another Constitution amendment in 2005.
Since
the petitioners partially won the case, the court awarded them
professional fees of Shs20m each but Mr Male Mabirizi, who represented
himself during the hearing was not awarded any professional costs
because he is not an enrolled advocate.
However,
Justice Owiny-Dollo said Mabirizi would benefit from two-thirds of the
non-professional costs awarded to all the petitioners as general
expenses they incurred in preparation and execution of the petition.
The
Deputy Attorney General Mwesigwa Rukutana, who led the government’s
legal team, in his parting remarks, told court the rule of law has been
maintained even in those areas that they may be dissatisfied.
Consent
Mr Dan Wandera Ogalo, the lead counsel for the petitioners and lawyer for Uganda Law Society, told court that he fully agreed with the submissions of the Deputy Attorney General on the judgement.
He said even when there were areas where they did not agree with the judgement, they would abide by the decision of the court.
He added that they were taught in law school to respect all court decisions even if they did not agree with them in a bid to give confidence to the Judiciary.
Mr Dan Wandera Ogalo, the lead counsel for the petitioners and lawyer for Uganda Law Society, told court that he fully agreed with the submissions of the Deputy Attorney General on the judgement.
He said even when there were areas where they did not agree with the judgement, they would abide by the decision of the court.
He added that they were taught in law school to respect all court decisions even if they did not agree with them in a bid to give confidence to the Judiciary.
Mr Ogalo thanked the justices for the patience they exhibited during the whole hearing process of the petition.
Culled from Daily Monitor.co.ug
Culled from Daily Monitor.co.ug
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