The new panel comprises Justices Geoffrey Kiryabwire, Irene Mulyagonja and Elizabeth Musoke. It was constituted by the Acting Chief justice Alfonse Owiny–Dollo after the legal teams of both parties declined to receive a judgment by Justice Cheborion in May 2019.
A new panel of Court of Appeal Justices has started
hearing afresh an application by Lubaga South Legislator, Kato Lubwama
seeking to block his voter Habib Buwembo from filing a petition for his dismissal
from parliament for lack of the requisite academic qualifications.
The new panel comprises Justices Geoffrey
Kiryabwire, Irene Mulyagonja and Elizabeth Musoke. It was constituted by the Acting
Chief justice Alfonse Owiny–Dollo after the legal teams of both parties declined
to receive a judgment by Justice Cheborion in May 2019.
The judgment stemmed from an application by Lubwama
through his lawyers from Alaka and company Advocates challenging a 2017
decision by High Court Judge Margaret Oumo Oguli allowing Buwembo to file a petition
challenging his election after the expiry of the 30 day mandatory period.
The application was first heard by a panel comprising the former Deputy Chief, Justice Steven Kavuma, Hellen
Obura and Cheborion Barishaki in 2017. However, the matter dragged on as
Buwembo through his lawyers led by Isaac Ssemakadde asked Kavuma to step down from
the matter due to alleged judicial misconduct.
Kavuma declined to step down from the matter
and went on to retire in August 2017 before the matter could be concluded. A
second panel comprising Justice Alfonse Owiny -Dollo, Hellen Obura and
Cheborion Barishaki was constituted to hear the matter.
However, before the hearing could be concluded,
Justice Cheborion showed up in court in May 2019 with a judgment, which was
rejected by both parties. The legal representatives of the warring
parties told court that they were unwilling to receive the judgment since the matter
hadn’t been heard fully.
The parties also told court that they hadn’t been
informed about Kavuma’s replacement on the panel. They petitioned the Deputy Chief Justice
Alfonse Owiny-Dollo demanding an explanation as to why Barishaki had come up
with a Judgment in a matter, whose hearing was never concluded.
According to Ssemakadde, Owiny-Dollo invited
them to his chambers where he informed them that he had never appended his
signature on the judgment, saying anything like that would be forgery amounting
to judicial misconduct.
//Cue in: “Justice Alfonse Owiny…
Cue out: …his own misdoings”. //
It is upon this background that a new panel has
been instituted to hear the matter. This morning, the three Justices directed the
parties to file written submissions before end month, saying Judgment will be delivered