Lukwago petitions Constitutional Court
Feb 09, 2011
KAMPALA mayoral candidate Erias Lukwago has petitioned the Constitutional Court in Kampala to declare that his conviction at the General Court Martial was done by an incompetent court.
By Andante Okanya
KAMPALA mayoral candidate Erias Lukwago has petitioned the Constitutional Court in Kampala to declare that his conviction at the General Court Martial was done by an incompetent court.
The petition against the Electoral Commission (EC) and the Attorney General comes a day after Lukwago was summoned to appear at the EC head office to respond to allegations that he is unfit to be in the race because he is a convict.
Lukwago, the incumbent Kampala Central MP, wants the court to declare that the Court Martial is not a competent court and that his conviction for contempt of the court did not amount to dishonesty.
He filed the petition through his law firm, Lukwago and Company Advocates.
“Contempt of General Court Martial is not an offence involving dishonesty or moral turpitude as envisaged under the provisions of Article 80 of the Constitution,†Lukwago said.
The summons were issued after Geoffrey Sserwadda petitioned the EC to disqualify Lukwago on grounds that he was convicted by the Makindye-based court in 2005 for contempt of court.
Lukwago was convicted by Gen. Elly Tumwine for talking without permission when he (Lukwago) was handling Dr. Kizza Besigye’s treason case.
He was convicted together with city lawyer Caleb Alaka and sentenced to a fine of sh1,000 in default of which they were to be imprisoned for two weeks.
They both paid the fine.
In Sserwadda’s petition dated February 2, 2011 but reportedly received by the EC a day after, he contends that Lukwago’s conviction technically rules him out of the race.
Lukwago in his petition said: “As a practising advocate, I am aware that the General Court Martial is an administrative tribunal established by Parliament under the Uganda Peoples Defence Forces Act pursuant to provisions of Article 210 of the Constitution to handle disciplinary matters of UPDFâ€.
Article 80 (f) of the Constitution states that: “A person is not qualified to be a Member of Parliament if he has been found guilty of a crime involving dishonesty or immoral behaviour, or relating to elections conducted by the Electoral Commission by a court which has authority under the law within seven years immediately before the election.â€
He wants the Constitutional Court to restrain any move by the EC to probe his purported conviction by the General Court Martial that is intended to revoke his nomination.
KAMPALA mayoral candidate Erias Lukwago has petitioned the Constitutional Court in Kampala to declare that his conviction at the General Court Martial was done by an incompetent court.
The petition against the Electoral Commission (EC) and the Attorney General comes a day after Lukwago was summoned to appear at the EC head office to respond to allegations that he is unfit to be in the race because he is a convict.
Lukwago, the incumbent Kampala Central MP, wants the court to declare that the Court Martial is not a competent court and that his conviction for contempt of the court did not amount to dishonesty.
He filed the petition through his law firm, Lukwago and Company Advocates.
“Contempt of General Court Martial is not an offence involving dishonesty or moral turpitude as envisaged under the provisions of Article 80 of the Constitution,†Lukwago said.
The summons were issued after Geoffrey Sserwadda petitioned the EC to disqualify Lukwago on grounds that he was convicted by the Makindye-based court in 2005 for contempt of court.
Lukwago was convicted by Gen. Elly Tumwine for talking without permission when he (Lukwago) was handling Dr. Kizza Besigye’s treason case.
He was convicted together with city lawyer Caleb Alaka and sentenced to a fine of sh1,000 in default of which they were to be imprisoned for two weeks.
They both paid the fine.
In Sserwadda’s petition dated February 2, 2011 but reportedly received by the EC a day after, he contends that Lukwago’s conviction technically rules him out of the race.
Lukwago in his petition said: “As a practising advocate, I am aware that the General Court Martial is an administrative tribunal established by Parliament under the Uganda Peoples Defence Forces Act pursuant to provisions of Article 210 of the Constitution to handle disciplinary matters of UPDFâ€.
Article 80 (f) of the Constitution states that: “A person is not qualified to be a Member of Parliament if he has been found guilty of a crime involving dishonesty or immoral behaviour, or relating to elections conducted by the Electoral Commission by a court which has authority under the law within seven years immediately before the election.â€
He wants the Constitutional Court to restrain any move by the EC to probe his purported conviction by the General Court Martial that is intended to revoke his nomination.