Mabirizi petitioned the court challenging the decision by the Constitutional and Supreme Court to uphold the Constitutional Amendment Act 2018. He argued that Act paved the way for scrapping the presidential age limits at 35 years for the lower and 75 years for the upper limit.
Hearing Notice
The Appeal Division
of the East African Court of Justice has set February 24 2022 as the date to
hear the case in which lawyer Male Mabirizi-Kiwanuka is challenging the age
limit removal from the Constitution of Uganda.
A hearing
notice dated January 17 by the court has already been served to both Mabirizi
and the Attorney General.
The case was
conferenced in 2021 and both parties filed written submissions which will be
highlighted at the hearing in the capital Arusha, Tanzania before a panel of
five justices.
“Take notice
that the above matter has been fixed for hearing, on Thursday the 24th day of
February 2022 at 9:30 am before Honorable Justices: Nestor Kayobera, President
(Burundi), Geoffrey Kiryabwire - Vice President (Uganda), Saudah Mjasiri
(Tanzania), Anita Mugeni (Rwanda) and Kathurima M'Inoti (Kenya)”, read part of
the notice.
Mabirizi petitioned the court challenging the decision by the Constitutional
and Supreme Court to uphold the Constitutional Amendment Act 2018. He argued
that Act paved the way for scrapping the presidential age limits at 35 years for
the lower and 75 years for the upper limit.
Mabirizi
first went to the Constitutional Court together with Uganda Law Society and six
opposition lawmakers and asked for nullification of the Act on grounds that the
bill, which eventually led to the Constitutional Amendment Act 2018 was
illegally passed.
The
petitioners argued that the process leading to its enactment was marred with
several irregularities like violence, bribery, and failure to consult the
citizens.
Court also
heard that the bill was sent to the Executive for assenting by the then Speaker of
Parliament, Rebecca Kadaga well knowing that it had errors like an invalid
certificate of compliance among other grounds.
But the four
of the five-member panel of the Constitutional Court judges who included the
then Deputy Chief Justice, Alfonse Owiny Dollo, Cheborion Barishaki, Elizabeth
Musoke, and Remmy Kasule ruled that the bill in question was passed
lawfully. It was only Justice Kenneth Kakuru who differed, arguing that
Parliament erred in law for failing to consult citizens.
However,
Mabirizi and the Law Society and six opposition MPs were dissatisfied with the
ruling and decided to petition the Supreme Court, which also upheld the constitutional
court judgment in a split decision of four against three.
Dissatisfied
again with this decision, Mabirizi petitioned the East African Court of Justice
which later dismissed the legislators’ appeal before it could be heard over late
submission.
Journalist
Ochola's journalism career begun from Radio King 90.2 FM in Gulu around 2009, and Radio Rupiny 95.7 Fm under Vision Group in 2012. He also reported for Mighty Fire 91.5 Fm, Kitgum in 2015 before joining Wizarts Foundation in 2017.
He has been reporting for Uganda Radio Network (URN) since 2017 before being posted as Bureau Chief Kitgum, and latr Gulu between 2018 - 2021. Currently, he reports from Parliament.