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Mabirizi Raises 42 Grounds Challenging Supreme Court Age Limit Verdict

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.
23 Apr 2019 21:01
Male Hassan Mabirizi Kassim Kiwanuka arriving at the Supreme Court on Tuesday

Audio 2

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 passed.     

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”.//    

 Luganda Audio

 

//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 Uganda.

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. 

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