The Supreme Court has constituted a panel of seven Justices
to hear a consolidated application seeking to stay the execution of the
Constitutional court decision, which nullified the election of legislators
for six newly created municipalities.
A notice issued by the Acting Assistant Supreme Court Registrar, Esther
Nansambu shows that the panel comprises of Justices Dr. Esther Kisaakye, Stella
Arach Amoko, Opio Aweri, Lillian Tibatemwa, Richard Buteera, Paul Mugamba and
Mike Chibita.
The notice shows that the applications filed by the Attorney General and Electoral
Commission will be heard on February 6th, 2020 in the morning hours. On
December, 27th, 2019, a Panel of five Constitutional Court Judges ordered
six legislators from the newly created Sheema, Bugiri, Nebbi, Kotido, Ibanda
and Apac municipalities to vacate parliament on grounds that they were elected
for nonexistent constituencies.
The affected are Apac Municipality Member of Parliament, Patrick Ocan, Sheema
Municipality MP, Dr. Elioda Tumwesigye, Ibanda Municipality MP, Tarsis
Rwaburindore Bishanga, Nebbi Municipality MP, Hashim Sulaiman, Kotido
Municipality MP, Abrahams Lokii and their Bugiri Municipality counterpart,
Asuman Basalirwa.
The judgment stemmed from a petition by the former Bufumbira East
MP, Eddie Kwizera challenging the legality of the August 9th, 2016
Parliamentary resolution to create new municipalities after General
Elections. In their judgment, the judges noted the affected
legislators stood for non-existent positions because the administrative units
in their constituencies hadn’t been demarcated by Electoral Commission, which
is vested with the powers to do so in as far as the law is concerned.
Justice Christopher Izama Madrama who led the panel argued that basing on court
findings, there was no evidence that the Speaker of Parliament had declared any
seat vacant, which would form the basis for elections. The Judges noted
that it was unconstitutional for the Electoral Commission to conduct elections
without any vacant seat in parliament and ordered them to pay half of the costs
of the suit to the petitioner.
However, on January 10th, 2020 Electoral Commission and the Attorney General
filed applications in the Supreme Court seeking to stay the execution of the
orders pending determination of their appeals. In its application,
Electoral Commission says it will argue its case based on the affidavit of one
of their lawyer Hamidu Lugoolobi, who says that the Constitutional Court
exercised the jurisdiction vested in it with material irregularity or
injustice.
The Commission and Government also contend that the results of the
lower court infringed on other elections envisaged under the constitution
because of its directive that no seats should be created after the conclusion
of General elections.

The News Editor ,Reporter at Kagadi Kibaale community Radio