This is not the first time Mabirizi is complaining about the invasion of parliament by the army. In 2018 after the passing of the Constitutional Amendment Bill, 2018 that removed the age limitations from the Constitution, Mabirizi petitioned national and international courts over the invasion of Special Forces Command that saw a number of MPs being beaten and others injured.
lawyer Male Mabirizi has petitioned the East African Court of Justice
challenging the procedure leading to the election of Jacob Oulanyah as the
Speaker of Parliament.
Oulanyah, the National Resistance Movement Candidate in the race, obtained 310 votes to defeat
two of his rivals namely; the Independent Candidate Rebecca Kadaga who obtained
197 votes and Forum
for Democratic Change’s Ibrahim Ssemujju Nganda who scored 15 votes.
according to Mabirizi, the election of Oulanyah and his Deputy Anita Among which
occurred on May 24th 2021 was marred by a number of illegalities
such as announcing of vote results higher than the ascertained number of MPs
present, deployment of Uganda People’s Defense Forces in Parliament
and convening the first sitting of 11th Parliament in absence of a Proclamation
by the President.
irregularities Mabirizi states include the decision by the Chief Justice Alfonse
Owiny-Dollo to preside over an election where Oulanyah, his professional referee
on Curriculum Vitae was a candidate, participation of President Yoweri Museveni
in the proceedings of the day and the President’s decision to host his political party's Executive Committee and Parliamentary Caucus in State house towards
the issue of votes being higher than the number of MPs present, the evidence
submitted before court shows that before the elections began, Owiny-Dollo
communicated that the Clerk to Parliament had ascertained the number of members
present to be 320.
Mabirizi argues that when you add Oulanyah’s 310 votes, Kadaga’s 197 votes, Ssemujju’s
15 votes and the two invalid votes, the number totals to 524 votes, wondering
where the extra 204 votes came from since they are more than the number of present MPs by
the time the exercise started.
evidence also indicates that Oulanyah and Owiny-Dollo are tight friends and therefore
the Chief justice should have appointed a Judge to preside over the elections
of the Speaker since he uses him as a referee in his CV to preserve the rules
of natural justice.
For instance, Owiny-Dollo’s CV which Mabirizi is relying on was drafted when
Owiny-Dollo was still at the Court of Appeal/Constitutional Court and it shows
that the former Chief Justice Benjamin Odoki is his first referee and then Oulanyah
is the second.
based on the said combined illegalities, Mabirizi who has sued the Attorney
General as the first respondent wants the court to declare that Oulanyah was
invalidly elected and as a result, the election for Deputy Speakership which he
presided over couldn’t also have been lawful as it arises from an illegality.
now wants court to declare those two positions vacant and the decisions made on
that day to be expunged from the parliament Hansard (record of proceedings for parliament
sessions) before being awarded costs at six percent.
in: “It is my….
out: …been his referee”. //
“Ebintu bingi byempankanya…
out:…bwaba asaba omulimo”.//
documents have been received in the East African Court of Justice in the Kampala
Registry and the Attorney General is yet to be summoned to file his defense to
is not the first time Mabirizi is complaining about the invasion of parliament
by the army.
2018 after the passing of the Constitutional Amendment Bill, 2018 that removed
the age limitations from the Constitution, Mabirizi petitioned national and international
courts over the invasion by Special Forces Command that saw a number of MPs
being beaten and some injured.