In their application filed on Friday before the Supreme Court, the Electoral Commission is seeking to stay the execution of the orders pending determination of an appeal which has also been lodged before the Supreme Court.
Electoral Commission Chairperson Justice Simon Byabakama
The Electoral Commission has filed
an application in the Supreme Court seeking to stay the execution of the recent
Constitutional Court ruling which dismissed six Members of Parliament representing newly
The Judgement affected Apac Municipality Member of Parliament, Patrick Ocan,
Sheema Municipality MP Dr Elioda Tumwesigye, Ibanda Municipality MP Tarsis
Rwaburindore Bishanga, Nebbi Municipality MP Hashim Sulaiman,
Kotido Municipality MP Abrahams Lokii and Asuman Basalirwa for
The Judges noted that the affected MPs contested for non-existing positions
because their constituencies’ villages or cells and other administrative units
had not yet been demarcated by the Electoral Commission.
In their application filed on Friday before the Supreme Court, the Electoral
Commission is seeking to stay the execution of the orders pending determination
of an appeal which has also been lodged before the Supreme Court.
They argue that during the hearing of the interim application, they will base
on the grounds stated in the Affidavit of one of their lawyers Hamidu Lugoolobi
who says that the Constitutional Court exercised the jurisdiction vested in it
with material irregularity or injustice.
The commission also contends that the result of the lower court decision
impeached or infringed on other elections envisaged under the constitution.
This is because also the Constitutional Court among a number of orders it
issued, it pronounced that no seats should be created after the general
elections have been conducted.
further contend that the Judges also misapplied the considerations for
demarcation of constituencies enshrined in the constitution and arrived at an
erroneous conclusion. Also, they are being faulted for having issued a
decision which contravened the Constitutional right to fair hearing.