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EC Files Application to Stay Constitutional Court Ruling Nullifying Election of Six MPs

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.
10 Jan 2020 19:33
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 created municipalities.

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  Bugiri Municipality.  

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. 

The applicants 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. 

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