Petition hits snag
Jul 28, 2005
EFFORTS by some opposition leaders and two MPs to temporarily stop the referendum exercise yesterday hit a dead end after court failed to raise the required seven-man coram. The referendum exercise is today.
By Hillary Kiirya
EFFORTS by some opposition leaders and two MPs to temporarily stop the referendum exercise yesterday hit a dead end after court failed to raise the required seven-man coram. The referendum exercise is today.
Chief Justice Benjamin Odoki, who led the six judges, said they needed a full panel to hear the application.
“We are not fully constituted though we hoped that by today we would be. The appointing authority is the President and the Judicial Service Commission (JSC) and we brought this issue to their attention but we have had no response.
“We are incompetent to handle the matter as we cannot do justice through an unconstituted court. We regret the unconstitutionality,†Odoki said.
President Yoweri Museveni has been endorsing a judge to fill the place of Justice Cosmas Kato, who retired six months ago.
Other judges present were Joseph Mulenga, George Kanyeihamba, Arthur Oder, Alfred Karokora and J. Tsekoko.
Livingstone Okello Okello, UPC’s Hajji Badru Wegulo, FDC’s Betty Kamya, Sam Njuba, Issa Kikungwe, Ken Lukyamuzi and Prof. John Jean Barya had asked the Supreme Court to restrain the Attorney General and the Electoral Commission from holding the referendum.
They lost the petition to halt the referendum in the Constitutional Court on July 14.
Peter Walubiri, one of the lawyers for the petitioners, said, “The failure of this application is to be blamed on Museveni. The judge (Kato) retired six months ago...but because he (Museveni) is an interested party in this particular case, he refused to appoint another judge.â€
EFFORTS by some opposition leaders and two MPs to temporarily stop the referendum exercise yesterday hit a dead end after court failed to raise the required seven-man coram. The referendum exercise is today.
Chief Justice Benjamin Odoki, who led the six judges, said they needed a full panel to hear the application.
“We are not fully constituted though we hoped that by today we would be. The appointing authority is the President and the Judicial Service Commission (JSC) and we brought this issue to their attention but we have had no response.
“We are incompetent to handle the matter as we cannot do justice through an unconstituted court. We regret the unconstitutionality,†Odoki said.
President Yoweri Museveni has been endorsing a judge to fill the place of Justice Cosmas Kato, who retired six months ago.
Other judges present were Joseph Mulenga, George Kanyeihamba, Arthur Oder, Alfred Karokora and J. Tsekoko.
Livingstone Okello Okello, UPC’s Hajji Badru Wegulo, FDC’s Betty Kamya, Sam Njuba, Issa Kikungwe, Ken Lukyamuzi and Prof. John Jean Barya had asked the Supreme Court to restrain the Attorney General and the Electoral Commission from holding the referendum.
They lost the petition to halt the referendum in the Constitutional Court on July 14.
Peter Walubiri, one of the lawyers for the petitioners, said, “The failure of this application is to be blamed on Museveni. The judge (Kato) retired six months ago...but because he (Museveni) is an interested party in this particular case, he refused to appoint another judge.â€