The lenders under their umbrella, Money Lenders Union Limited together with their Secretary General Male Mabirizi have filed their case before the Kampala Sub Registry of the East African Court of Justice.
The decision by the court now implies that Museveni who recently turned 75 years of age and will have been president for 35 consecutive years by next year's election, is now eligible to seek election for the sixth term of office and again and again indefinitely
The matter was taken to court by lawyer Male Mabirizi, who accused him of falsifying documents to indicate that he was born in 1982, yet there is enough evidence, to show that he was born two years earlier. The falsified documents were used to secure a passport, and in his nomination as a parliamentary candidate.
In her September 24th, 2020 letter, Kaitesi says the file is required to help the High Court to review the proceedings that resulted into the Magistrate's decision of allowing the Directorate of Public Prosecution to take over the criminal proceedings that were initially instituted by Male Mabirizi by way of private prosecution.
In a letter dated September 2 2020, written by the Buganda Road Court Resident State Attorney Janet Kitimbo on behalf of the DPP notes that the law mandates them to take over all the criminal proceedings in the country.
The summons issued this afternoon by the Chief Magistrate Esther Lydia Nakadama Mubiru followed a private prosecution case instituted against Kyagulanyi by city lawyer Male Mabirizi. According to the summons Kyagulanyi, popularly known as Bobi Wine is required to appear before the court on September 16 2020.
In his documents filed before Buganda Road Chief Magistrates Court, Mabirizi contends that Kyagulanyi also is known as Bobi Wine on two occasions gave false information about his age which attracts a criminal offence under the Penal Code Act.
In another separate petition concerning Justice Richard Buteera, Mabirizi says he doesn't have any issue with his integrity, but the Supreme Court Judge was appointed to a position that has not been vacant.
Mabirizi argues that the law requires Electoral Commission to review the division of Uganda into constituencies within twelve months after the publication of census results, which wasn’t the case. It is on these grounds that he wants court to first block the elections pending the determination of his petition.
The panel of three Judges of the East African Court of Justice led by the Principal Judge Monica Mugenyi dismissed the matter on Tuesday after two lawyers Nelson Ndeki and Don Deya representing the politicians told the court that they were not willing to proceed with the case. Other Judges on the panel are; Justice Dr Peter Nyawello and Charles Nyachae.
The student identified as Seguya Hillary Innocent Taylor who uses twitter handle @HillaryTaylorVI told the court that he was blocked from accessing President Yoweri Museveni’s handle @KagutaMuseveni, on July 20, 2019.
According to his evidence before the East African Court, Mabirizi states that on March 30th 2020, he was shown a handwritten statement by the Administrative Head of the High Court Civil Division, Dr Andrew Bashaija ordering that his cases must be de-registered and their serial numbers given to other cases.
Both Mabirizi and the Attorney General's representative Principal State Attorney Wanyama Kodoli said they will be in the East African Court of Justice to handle a related case adding that they will be unavailable which forced the Judge to push it to the next convenient session.
However, the Court of Appeal quashed the decision saying that it was unlawful and Mabirizi had not proved to court that he was representing many other people whose freedom and rights to property had been violated by the Kabaka’s actions.