The permission follows a successful application by the Uganda Law Society-ULS which was supported by an affidavit by its current president Pheona Nabasa Wall, who told the court that the ULS Act requires them to conduct an AGM annually as soon as convenient, after December 31.
Elubu’s order came at the time when lawyers had spent about two months under the first lockdown imposed in March 2020 and they had no capacity to travel to various places in the country since they had equally not been declared essential by the President for them to move without restrictions.
The question at the center of the debate is whether a sitting President who is protected from being sued can on the other hand sue under the same constitution that granted him immunity.
Article 98 clause 4 of the Constitution of the Republic of Uganda gives immunity to a sitting President not to be subjected to any court proceedings except in presidential election petitions.
Since the previous chairperson of Uganda Human Rights Commission Medi Kaggwa passed away in November last year, no replacement has been appointed, even as the Speaker of Parliament has reminded the president several times
According to official results seen by Uganda Radio Network-URN, Nabasasa beat her closest rival Benard Oundo with 441 votes against 427 votes. The other contenders included Nelson Walusimbi who polled 239 votes, Rashid Semambo with 212 votes while Ann Karungi came last with 47 votes.
Uganda Law Society President Simon Peter Kinobe contends that the current restrictions put in place by the government made it impossible for the lawyers to conduct their Annual General Meeting, through which they also elect new leaders.