The Attorney General and lawyers of the Electoral Commission have asked the Supreme Court to stay the execution of the Constitutional Court ruling which dismissed six Members of Parliament representing newly created municipalities.
The Judgement affected 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 Asuman Basalirwa for Bugiri Municipality.
The constitutional court noted that the MPs contested for non-existing positions because their constituencies’ villages or cells and other administrative units had not yet been demarcated by the Electoral Commission.
Last month, the lawyers filed an application in the Supreme Court seeking stay of execution.
The application is being heard by Justices Dr Esther Kisaakye, Stella Arach Amoko, Opio Aweri, Lillian Tibatemwa, Richard Buteera, Mike Chibita and Paul Mugamba.
On Thursday George Karemera and Eric Sabiti lawyers from the Attorney General and Electoral Commission respectively argued that the constitutional court ruling was unlawful because the MPs were not given the chance to defend themselves in court.
Sabiti argued that the constitutional court ruling is likely to cause irreparable damages to the affected MPs and the persons who voted them into office.
However Kwizera’s lawyer Ben Wacha insisted that there is no need to stay the execution of the ruling since it’s clear that the MPs stood for non-existing positions contrary to the laws governing this country.
Wandera Ogalo, Kwizera’s other lawyer also argued that if the constitutional court ruling is halted, it could have a big impact on the forthcoming 2021 general election.
Speaking to Journalists, MP Basalirwa said that they will continue serving in their constituencies as they await the Supreme Court to make its ruling on the application.