Lawyer Male Mabirizi has petitioned the Supreme Court Justices demanding
an explanation over the delay to deliver Judgment in the Age Limit Appeal case.
The Justices are led by Chief Justice Bart Katureebe. Others are Stella
Arach Amoko, Eldard Mwangutsya, Apio Aweri, Lillian Tibatemwa, Paul
Mugambwa and Justice Jotham Tumwesigye.
The appeal stems from a Constitutional Court judgment delivered by
a panel of five judges at Mbale High court upholding the scrapping of the
presidential age limit. The judges are Cheborion Barishaki, Elizabeth Musoke,
Alphonse Owiny-Dollo and Remmy Kasule.
With the exception of Justice Kenneth Kakuru who dissented in his
judgment, the remaining judges said the act was passed in line with
Constitutional procedures.
In his petition, Mabirizi raises sixteen grounds where he believes
that the learned Justices erred in law while making their judgment.
They include derogation of the right to a fair hearing before an
impartial court. Mabirizi argues that the judges erred in law when they
evicted him from the seats occupied by representatives of other petitioners and
placed him the dock throughout the entire and delivery of their judgment.
He also notes that the learned justices erred in law when they
failed to state reasons for their decision not to summon the speaker of
Parliament. Mabirizi also contends that the justices erred in law and fact
when they contradicted themselves on legal principles and facts of the case.
Mabirizi also wanted the constitutional petition returned to the
Constitutional Court for expeditious hearing before a different panel in
compliance with fair hearing principles.
The appeal was heard on January, 16th, 2019 and the laws require
that the judgment on any case should be delivered within 60 days.
Mabirizi says that he has been denied Justice by failing to
deliver the judgment in the stipulated time.
//Cue in: “Mpadise ebaruwa nga…
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English
//Cue in: “And certainly one…
Cue out…law in Uganda”.//.
Mabirizi’s letter petition was received by the Supreme Court
Deputy Registrar Godfrey Opifeni.
However, the Spokesperson of the Judiciary Solomon Muyita, says
that the judgement will be delivered soon. He attributed the delay to the vast
submissions made by the appellants, which each judge is supposed to read.
