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Supreme Court Consolidates Appeals Challenging Dismissal of Six MPs

The panel of seven Supreme Court Justices ordered that the three appeals are consolidated into one such that it is expeditiously heard.
Electoral Commission Lawyer Eric Sabiiti Addressing Journalists at the Supreme Court.

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 The Supreme Court has consolidated three appeals challenging the constitutional court decision that ordered for the dismissal of six Members of Parliament of the newly created municipalities.

Among the consolidated appeals, one was filed by the Electoral Commission, another by the Attorney General and the third was jointly filed by the six MPs.

In the appeal, the Electoral Commission and the Attorney General contended that the Municipalities were duly created by a parliamentary decision and as such, the Judges erred in law and fact by deciding for dismissal of declaring the said constituencies as non-existent.   

The legislators on the other hand also contend that the constitutional court Judges erred in law and fact by deciding to dismiss them without being accorded a right to a fair hearing.

The panel of seven Supreme Court Justices ordered that the three appeals are consolidated into one such that it is expeditiously heard.  The Justices are  Dr Esther Kisaakye, Opio Rubby Aweri, Faith Mwondha, Ezekiel Muhanguzi, Stella Arach Amoko, Mike Chibita and Paul Mugamba. The justices resolved that the hearing will be on September 22 2020.

The Commission’s lawyer Eric Sabiiti says that they delayed filing their memorandum of appeal due to the effects of the lock-down.

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Luganda

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Last year, the former Bufumbira East MP, Eddie Kwizera challenged the legality of some constituencies created after the 2016 general elections.  Kwizera argued that the six constituencies were illegally created by parliament and asked the court to declare them null and void.

Kwizera's petition affected six MPs who include Patrick Ocan, the Apac Municipality Member of Parliament, Elioda Tumwesigye, for Sheema Municipality, Tarsis Rwaburindore Bishanga, for Ibanda Municipality, Hashim Sulaiman, for Nebbi Municipality, Asuman Basalirwa for Bugiri Municipality and Peter Abrahams Lokii for Kotido Municipality.

A panel of five constitutional court Judges comprising Alfonse Owiny Dollo, Kenneth Kakuru, Egonda Ntende, Cheborion Barishaki and Christopher Madrama agreed with Kwizera and ordered the MPs to vacate parliament.

The Electoral Commission was also ordered to pay half of the total costs to Kwizera for inconveniences caused to the six MPs.

Last month the Supreme Court ordered that the affected MPs should still be in parliament pending the determination of these appeals.

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