By Sania Babirye
The East African court of Justice has pushed to the 27th of March hearing of the case in which City lawyer Hassan Male Mabirizi is seeking to stop the 2021 general elections roadmap until the same court hears and determines the main case in which he is challenging the the Constitutional Amendment Act 2018 which lifted the presidential age limit of 75 years.
In his application, Mabirizi says that if the elections roadmap is not stopped before determination of his main case, Ugandans will suffer irreparable damages.
He also wants the regional court to stop EC from going on with organizing any process leading to the 2021 general elections including recruiting of polling officials since the process is being led by an illegitimate law which is being challenged in the same regional court.
In the main petition, Mabirizi wants the higher court to declare the supreme court ruling that upheld the constitutional amendment null and void on grounds that it was unconstitutional and also stop the 2021 general elections roadmap .
Mabirizi claims that the actions of Parliament, Executive and the Judiciary in processing, pursuing and upholding the Constitutional Amendment Act 2018 are unlawful and illegal because members of parliament never held any consultative meetings with Uganda’s as provided for by the constitution.
Mabirizi further states that members of parliament were bribed with 29million shillings each to pass the constitutional amendment through claiming that the said funds were meant for Nationwide consultation which they never carried out.
Other illegalities in the passing of the the amendment cited by Mabirizi include the suspension of members of parliament who were opposed to the amendment by the speaker of parliament, the speaker Sending the Bill to the Executive well knowing that it had errors such an invalid certificate of compliance and violence that marred the process of passing the amendment.
Mabirizi says the EACJ should declare all amendment null and void because the actions of the three arms of government contravened the provisions of democracy and rule of law in the East African Community treaty.
The petition is being heard by five justices including Uganda’s justice Monica Mugenyi who has just been appointed by president Museveni as court of appeal judge.
In May this year 4 out of the seven justices of the supreme Court led by the chief justice Bart Katureebe, Stella Arachi Amoko, Rubby Opio Aweri and Jotham Tumwesigye upheld the constitutional court ruling that declared the amendment constitutional while justice .
These ruled that despite several breaches that took place during the tabling , debating and passing the constitutional amendment, they did not have any substantive effect on the whole enactment of the 2018 act while justice Eldad Mwangusya, Lillian Tibatemwa Ekirikubinza and Paul Mugambe dismissed the petition and declared the amendment null and void.