The Solicitor General wrote: "All the three contractual agreements contain a confidentiality clause which prohibits disclosure of information of a financial, technical or commercial nature relating to EACOP project to any third party except with consent of the other party or where the disclosure is allowed by law or disclosure is as a result of a court order or required in court proceedings."
According to Mabirizi laws in Uganda take effect upon publication in the gazette not upon oral communication. He argues that the statements by the President subject Ugandans to unclear and uncertain martial law and are incapable of being complied with or enforced.
Mabirizi has also moved to seek a certificate of urgency such that the case can be heard and determined expeditiously since the hearing of cases was suspended by the Chief Justice Alfonse Owiny-Dollo due to Covid-19.
Mabirizi now wants the court to quash Museveni and Owiny-Dollo's directives on ground of being illegal as well as issue a permanent order restraining government and her agents from implementing them.
This development has come at the time when the Supreme Court has fixed March 4 2021 to hear an application in which Kyagulanyi wants to withdraw his petition as a whole.
Mabirizi faults the executive led by President Yoweri Museveni for assenting to the Bill without verifying that its conceptualization was marred with several irregularities like violence.
According to Mabirizi, it all started when he filed a suit seeking orders to quash the March, 12th, 2019 Parliament Resolution to issue promissory notes of Shillings 1.4 Trillion to FINASI/ROKO Company to facilitate the construction of the proposed International Specialized Hospital at Lubowa in Wakiso District.
An underrated player when Constitutional Court petition hearing kicked off in Mbale in April 2017, Mabirizi surprised skeptics with extensively researched presentations.
Last week, a panel of three Court of Appeal Judges overturned orders by High Court Judge Patricia Basaza that the Kabaka should provide Buganda Land Board bank statements from the year 1993, to facilitate the main case in which Mabirizi challenged the collection of land fees, known locally as busuulu.
Mabirizi states that the judges failed to indicate the dates when their judgments were written, which he says is unlawful. He says the judges are required to show when the judgment was delivered given that some court orders operate within a specific time frame.
Male Mabirizi one of the challengers of the Constitutional Amendment Act 2018 has filed his skeleton arguments and list of authorities to rely on in the case challenging the verdict by the Constitutional court.
In his judgment, Justice Kakuru pointed out that out of a population of close to 40 million Ugandans, only 22 individuals, eight Government ministries, 15 commissions or agencies including the Rt. Hon Prime Minister in his official capacity, four political parties, the leader of the opposition Parliament and one District Local Government were able to give their views on the bill before the legal and parliamentary affairs committee of Parliament.
