By Frank Kamuntu
The East African Court of Justice has okayed President Yoweri Museveni to continue ruling Uganda by seeking reelection for a sixth term in office in 2021, after throwing out lawyer Male Mabirizi petition against lifting the Presidential Age Limit.
Mabirizi petitioned the East African Court of Justice to stop the Ugandan government from implementing a law that would allow President Museveni contest for the presidency again in 2021, despite the fact that the Constitution barred him from doing so, until it was forcefully amended last year.
But the East African Court of Justice dismissed Mabirizi’s petition to strike out a document supporting the response by Uganda’s Attorney General off court’s record, for allegedly being alien to the EAC Treaty and the court’s Rules of Procedure, as well as for not being filed and served within the required time.
The Uganda Constitution (Amendment) Act 2018 saw Article 102b on presidential age limit removed, allowing President Museveni to contest for presidency in 2021.
In his application, Mabirizi said the court provided that a respondent shall be given 45 days after being served a notification of reference to file and serve upon the applicant’s response.
The Attorney General was served a notification on May 3 but he filed the affidavit on June 24, four days after the 45 days had expired, he said as he pleaded with the court to consider the entire response null and void.
Mabirizi said that; “On the aspect of time limitations, the response should be struck out as there was not only flouting of time, but also because the Attorney General has been a frequent member of the court.”
However, the court declined to strike out the affidavit in its entirety by extending time for the Attorney General to file his response.
Mabirizi had asked court to issue an interim order restraining the Uganda government, its agencies, bodies, Commissions and any setting from implementing any of the provisions of the Uganda Constitution (Amendment) Act, 2018; halt the implementation of the Uganda Electoral Commission Strategic Plan and Road Map for 2020/2021 electoral period or any related plans as well as the processes and/or preparations for 2020/2021 general elections until final determination of Reference No. 6 of 2019 pending before this Court.”
The processes include undertaking any step in pursuit of amendments to electoral laws to align with the Uganda Constitution (Amendment) Act 2018, recruitment of employees, calling for bids and/or entering contracts, gazetting and publishing of polling stations, displaying and updating of the National Voters Register and issuing of nomination documents.
Mabirizi also contended that he shall suffer irreparable damage if the Act is implemented.
The applicant, Mabirizi, appeared in person and the Attorney General William Byaruhanga, was in court along with Deputy Attorney General Mwesigwa Rukutana, Mr Ateko, and other senior State Attorneys from the Attoney General’s office.
