Panic grips MPs over court ruling

Feb 02, 2011

PANIC and anxiety have gripped some MPs after it dawned on them that they are likely to lose their seats. This follows a landmark Constitutional Court ruling that outlawed their wilful change of political party allegiances.

By Mary Karugaba,
Madinah Tebajjukira
and Henry Mukasa


PANIC and anxiety have gripped some MPs after it dawned on them that they are likely to lose their seats. This follows a landmark Constitutional Court ruling that outlawed their wilful change of political party allegiances.

Several MPs paced the corridors of Parliament yesterday looking for answers from either the Speaker Edward Ssekandi, the Prime Minister, Apolo Nsibambi, who heads Government business and legal minds including the Attorney General.

Given that most affected MPs are from the ruling National Resistance Movement (NRM), most legislators have rushed to the Government to salvage their political careers.

By early morning, most of the affected MPs were meeting in small groups, pondering over their next move.

The restless MPs walked in and out of the chambers, where a handful of them debated a motion on regulations of youth and workers’ MPs election, in a session chaired by Speaker Edward Ssekandi.

On Tuesday, the Constitutional Court ruled that it is illegal for independent MPs to stand for elections on any party ticket and also for party MPs to contest as independents.

While the Attorney General, Prof. Khiddu Makubuya, said he had not read the judgement, his deputy, Freddie Ruhindi, asserted that the Government would appeal against the ruling. Most affected MPs have vowed to appeal against the ruling.

Buruli county MP Peter Nyombi, who is among those affected by the ruling, hinted that their aspirations can only be retrieved by an appeal by the Attorney General since, an individual who has not been party to the case cannot appeal against judgment.

“The case was filed against two people (the Attorney General and Budama West MP William Oketcho), but it went beyond. I find it strange in court practice to stretch against the accused,” Nyombi said.

Nyombi claimed that Okecho had already filed an appeal and was optimistic that he would succeed.
Kampala Central MP Erias Lukwago was equally shocked by the ruling.

“I am very frightened by the development. I have not come to the conclusion on what to do next,” Lukwago said.

Kwania MP Dr. Willy Anakbonggo said although he was yet to internalise the judgment, the Constitution allowed him to stand as independent.

Maracha MP Alex Onzima said he would direct his lawyers to appeal against the ruling, while Ntoroko MP Silver Bahane said he needed more time to comprehend the judgment.

Fort Portal Municipality MP Stephen Kaliba said his fate lay in the hands of the Electoral Commission and the Government.

Lands minister Omara Atubo said it was wrong for court to generalise the ruling without hearing from the rest of the MPs.

“I have not crossed to any party until the 9th parliament,” Atubo, a former UPC stalwart who stood as independent on entry to the eigth Parliament but is seeking re-election in Otuke on an NRM ticket, said.

Fisheries state minister Fred Mukisa rubbished the ruling, saying he had never crossed to any party.
West Budama MP, William Oketcho, who together with the Attorney General were respondents in the suit by George Owor, vowed to fight up to the East African Court of Justice.

“My lawyers have appealed the case. The Government is also going to appeal in the Supreme Court,” he stated.

Kwebiha Abwooli alluded to a scheme intended to divide the ruling party.

Makindye West MP, Hussein Kyanjo said the ruling was targeting Kampala Central MP Erias Lukwago.

Lukwago, a key opposition figure from DP is standing as an independent after he disagreed with several party officials on the management of Uganda’s oldest party.

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