Katureebe is also faulted for not being competent to sit as a Justice in the matter because his old friend, Gen. Yoweri Kaguta Museveni, the incumbent president of Uganda was the biggest beneficiary of the outcome of the appeal.
Male Mabirizi has raised 42 grounds challenging
last week’s Supreme Court verdict on the consolidated appeals against the presidential
age limit removal.
On April 18th, 2019, a panel of seven Supreme Court justices upholds the
constitutional court judgment in a verdict of
4-3, saying the constitutional amendment number 2 bill of 2017 was validly
Those who delivered judgments in favor of the law included Chief Justice Bart Katureebe, Jotham Tumwesigye, Apio
Aweri and Stellah Arach Amoko.
While Justices Lillian Tibatemwa, Paul Mugamba
and Eldard Mwanguhya, said the entire process leading to the passing of the
bill was characterized by irregularities including violence, failure to consult
citizens and absence of certificate of compliance.
Mabirizi, who was one of the petitioners in the
consolidated appeal, has decided to return to the Supreme Court demanding for a
review of the Judgment.
//Cue in: “First of all….
Cue out: …be near Museveni”.//
//Cue in: “Lwaki njagala zizasibwemu…
Cue out: …Nyabushozi alilanye Museveni”.//
One of the grounds Mabirizi raises is that the
Chief Justice Katureebe wasn’t competent to write his judgment given the fact
that he was ill for over five weeks preceding the delivery of the judgment. Katureebe
said he had suffered from sight complications and had previously undergone
surgery following pain in the arm.
He delegated Justice Mwanguhya to
read his judgment. But by doing this,
Mabirizi states that Katureebe is a bully by nature wondering why he chose Justice
Mwanguhya to read his verdict yet the latter had allowed the appeal instead of
delegating those who agreed with his opinion.
Mabirizi says Katureebe’s illness compromised
his independence since he required state clearance to travel for treatment
abroad. Katureebe is also faulted for not being
competent to sit as a Justice in the matter because his old friend, Gen. Yoweri
Kaguta Museveni, the incumbent president of Uganda was the biggest beneficiary
of the outcome of the appeal.
Mabirizi also accuses Katureebe of making it a
habit of sitting in matters where he has conflict of interest without
disclosing the same to the parties and deciding in favor of the party where his
interests lie. He cites some cases where Katureebe has always
heard cases from lawyers of Kampala Associated Advocates and decided in their
favor yet he is one of the founders of the said law firm.
Mabirizi also says Katureebe has since shifted
from his Bunyaruguru home and went to Mbarara where he can live near his
friend, President Museveni. He also faults Justice Arach-Amoko for not being
competent to sit as a Justice in the matter since her husband Ambassador Idule
Amoko is a political appointee of President Museveni, the biggest beneficiary
of the Supreme Court decision.
Mabirizi states that there is no way Justice
Stella Arach Amoko would annoy the president yet her husband’s source of income
is determined by Museveni. Mabirizi also states that Justice Tumwesigye was
not competent to sit as a Justice in the matter having studied with and being a
good friend of President Museveni since their early days at Ntare School.
Tumwesigye is also faulted for having worked as
Director Legal Affairs at the Movement Secretariat, a political structure,
whose chairman was General Yoweri Kaguta Museveni, the incumbent president of
Mabirizi also says that while serving as
Inspector General of Government, Justice Tumwesigye worked closely with
Constitutional Court Judge Elizabeth Musoke who was one of the majority
justices in the Constitutional Court that upheld the parliamentary decision to
scrap the age limit from the constitution.
He says that by the time he filed
this matter he was not in possession of the information relating to the past
and current friendship and relationship of Katureebe, Arach-Amoko and
Tumwesigye with the sitting President of Uganda.
He also states that he was not in position to
know the health status of Katureebe despite his request for the delayed
Judgment. He states that the actions of the said Justices are contrary to
common sense and article 144 of the constitution, which talks about
incompetence and infirmity of the body among others.