By Vision Reporter
The Supreme Court has referred Erias Lukwago’s case back to the Court of Appeal citing lack of jurisdiction to entertain judgements made by a single justice.
In judgment delivered Thursday morning justices of the Supreme Court however, agreed that the ousted Kampala Lord Mayor’s notice of appeal was genuine for showed that he intended to pursue appeal challenging Justice Steven Kavuma.
Reacting to the verdict, Lukwago tweeted, “I may lose the battle… But i will never lose the war...”
Lukwago was on November 25, 2013 impeached by Kampala Capital City Authority (KCCA) councilors over conduct unbefitting of the office of the Lord Mayor.
After he was thrown out of office, Lukwago petitioned the Supreme Court to reinstate him. His move was prompted by a court order issued on March 31 by Justice Steven Kavuma of the Court of Appeal.
The order restrained him from performing the functions of the Kampala Lord Mayor.
Prior, he was returned to office by an interim order issued on March 28 by Justice Lydia Mugambe, where she blocked the lord mayoral by-elections, pending determination of the case challenging his impeachment.
His return to office was however, short-lived, when the Attorney General (AG) filed an appeal at the Appellate Court. It was heard ex-parte (one party) and Kavuma halted all cases relating to the Lord Mayor seat, pending determination of an appeal filed by the AG.
In his Supreme Court petition, Lukwago laments, “It is not possible for me to get any timely relief from the Court of Appeal. Justice S.B. Kavuma who is in charge of that court has denied me a right to a fair hearing,” Lukwago’s affidavit states.
During the April 24 submissions KCCA deputy director of litigation, Charles Ouma, dismissed submissions by Lukwago’s lawyer Abdu Katuntu, to the effect that his absence from office had hampered KCCA operations.
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Lukwago case sent back to Court of Appeal