Court blocks EC summons on Lukwago
Feb 10, 2011
THE Constitutional Court in Kampala has blocked the Electoral Commission (EC) from summoning Kampala mayoral candidate Erias Lukwago over his General Court Martial conviction.
By Andante Okanya
THE Constitutional Court in Kampala has blocked the Electoral Commission (EC) from summoning Kampala mayoral candidate Erias Lukwago over his General Court Martial conviction.
In a unanimous decision, the court’s panel of three judges, led by deputy Chief Justice Elizabeth Mpagi-Bahigeine yesterday ruled that Lukwago had raised constitutional matters that necessitated a resolution.
Other judges on the panel were Stella Arach-Amoko, and Constance Byamugisha.
“We have carefully considered the submissions of all counsels. An injunction is hereby granted, restraining respondents from carrying out any investigations pending the outcome of the petition,†the judges said in a ruling.
On Tuesday, Lukwago petitioned the court after the EC summoned him to appear today at the commission head office to respond to allegations that he is unfit to be in the race because he is a convict.
The petitioner, Geoffrey Sserwadda, had asked the commission to disqualify Lukwago.
However, Lukwago asked court to temporarily block the EC and the Attorney General (AG) from revoking his nomination over the November 24, 2005 conviction by the General Court Martial for contempt of court.
Lukwago was convicted by Gen. Elly Tumwine for talking without permission when he was handling Dr. Kizza Besigye’s treason case.
Lukwago was convicted together with city lawyer Caleb Alaka, and charged a fine of sh1,000, in default of which they were to be imprisoned for two weeks. They both paid the money.
Peter Walubiri, one of Likwago’s lawyers, asked court to restrain the EC and the AG, saying they intended to argue in the main application that the General Court Martial was an incompetent court under the law.
He said they would rely on the UPDF Act to show that the Court Martial was set up as a tribunal to handle army disciplinary matters.
Walubiri also submitted that Lukwago would suffer “irreparable damage†if the EC was given a go-ahead to conduct the hearing on Lukwago’s conviction.
Walubiri argued that in the event that Lukwago was elected mayor, any aggrieved party would challenge it. He asked for costs to be paid to Lukwago.
The AG’s representative, Rashid Kibuuka, argued that the Court Martial was a recognised court of judicature by Parliament.
“The courts of judicature include subordinate courts as Parliament may establish,†Kibuuka said.
He added that Lukwago was only speculating, as the letter written to him by the EC did not reveal that he was disqualified.
He asked court to dismiss the application with costs to be paid by Lukwago.
Eric Sabiiti, a meber of the EC legal team, said the commission was performing its mandate as stipulated under Article 61 of the Constitition.
In an interview after the ruling, Lukwago expressed satisfaction, saying justice had been delivered.
The judges said the costs of the petition would be determined after the main petition was heard.
THE Constitutional Court in Kampala has blocked the Electoral Commission (EC) from summoning Kampala mayoral candidate Erias Lukwago over his General Court Martial conviction.
In a unanimous decision, the court’s panel of three judges, led by deputy Chief Justice Elizabeth Mpagi-Bahigeine yesterday ruled that Lukwago had raised constitutional matters that necessitated a resolution.
Other judges on the panel were Stella Arach-Amoko, and Constance Byamugisha.
“We have carefully considered the submissions of all counsels. An injunction is hereby granted, restraining respondents from carrying out any investigations pending the outcome of the petition,†the judges said in a ruling.
On Tuesday, Lukwago petitioned the court after the EC summoned him to appear today at the commission head office to respond to allegations that he is unfit to be in the race because he is a convict.
The petitioner, Geoffrey Sserwadda, had asked the commission to disqualify Lukwago.
However, Lukwago asked court to temporarily block the EC and the Attorney General (AG) from revoking his nomination over the November 24, 2005 conviction by the General Court Martial for contempt of court.
Lukwago was convicted by Gen. Elly Tumwine for talking without permission when he was handling Dr. Kizza Besigye’s treason case.
Lukwago was convicted together with city lawyer Caleb Alaka, and charged a fine of sh1,000, in default of which they were to be imprisoned for two weeks. They both paid the money.
Peter Walubiri, one of Likwago’s lawyers, asked court to restrain the EC and the AG, saying they intended to argue in the main application that the General Court Martial was an incompetent court under the law.
He said they would rely on the UPDF Act to show that the Court Martial was set up as a tribunal to handle army disciplinary matters.
Walubiri also submitted that Lukwago would suffer “irreparable damage†if the EC was given a go-ahead to conduct the hearing on Lukwago’s conviction.
Walubiri argued that in the event that Lukwago was elected mayor, any aggrieved party would challenge it. He asked for costs to be paid to Lukwago.
The AG’s representative, Rashid Kibuuka, argued that the Court Martial was a recognised court of judicature by Parliament.
“The courts of judicature include subordinate courts as Parliament may establish,†Kibuuka said.
He added that Lukwago was only speculating, as the letter written to him by the EC did not reveal that he was disqualified.
He asked court to dismiss the application with costs to be paid by Lukwago.
Eric Sabiiti, a meber of the EC legal team, said the commission was performing its mandate as stipulated under Article 61 of the Constitition.
In an interview after the ruling, Lukwago expressed satisfaction, saying justice had been delivered.
The judges said the costs of the petition would be determined after the main petition was heard.