Mabirizi’s case hearing further pushed

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.

Mabirizi drags Justice Sekana to JSC over misconduct

By Sania Babirye

Controversial City lawyer Male Mabirizi has petitioned the Judicial service commission to have High court Justice Musa Sekana dismissed as a judge due to alleged incompetence and misconduct.

Mabirizi’s petition before the JSC comes after Justice Sekana dismissed his petition in which he thought to have Electoral Commission chairman Justice Simon Byabakama removed from office saying he was holding the said office illegally since he never resigned officially as a judge.

Mabirizi claims that Justice Sekana was not only incompetent but his actions during hearing of the said dismissed case was a judicial fraud.

He claims that Justice Sekana admitted that he worked for EC for over 20 years and yet in 2006, he represented the Electoral commission in a case that was challenging the nomination of FDC presidential candidate Col.Kizza Besigye.

Mabirizi is further faulting Justice Sekana of refusing to excuse himself from hearing the said case due to conflict of interest when he asked him to do since he had represented EC before, and the fact that Justice Byabakama was his colleague as a fellow judge.

Mabirizi has also alleged that during the hearing of the said case, justice Sekana unfairly treated him when he threatened to throw him out of court and cause his arrest on top of justice Sekana telling him that he was submitting rubbish many times which shows that he was biased.

While dismissing Mabirizi’s case, justice Sekana accused Mabirizi of filling the said petition out of the required time.

By law, Mabirizi was meant to file the said case within the first three month of justice Byabakama’s appointment but instead Mabirizi filed his case almost three years since he filed it on the 29th of November 2019 yet Justice Byabakama was appointed on the 7th of January 2017.

Mabirizi’s land case against the Kabaka thrown out

By Daudi Zirimala
Buganda Kingdom has welcomed the court of appeal ruling for dismissing Male Mabirizi Case against his Majesty  Ronald Muwenda Mutebi II over his land.
Speaking after the ruling the kingdoms attorney General David Mpanga said that the court judges unanimously agreed that Mabirizi case against Kabaka was doubtful because he is not a tenant on Kingdom land.
Three judges  dismissed Mabirizi case saying the bank accounts of the king he wanted to access weren’t part of the case and ordered Mabirizi to pay costs the kingdom incurred during the court process.
Mpanga says that Mabirizi had no permission to open a case against Kabaka on behalf of his tenants,therefore this ruling should act as deterrent measure against this who wish to humiliate his Majesty the Kabaka.