Expelled MPs' appeal flops

By Hillary Nsambu                     

The Supreme Court has deferred to another date a constitutional appeal in which the four NRM alleged rebel MPs are challenging the orders by the Constitutional Court throwing them out of Parliament.

The appeal had been cause-listed for hearing during the constitutional/civil appeal session that opened Tuesday. However, according to court record signed by the registrar, Roy Milton Byaruhanga, the court lacked a coram. Byaruhanga said that another date would be communicated to the parties in future.   

 The four MPs Theodore Ssekikubo (Lwemiyaga County), Banarbas Tinkasimire (Buyaga country), Mohammad Nsereko (Kampala Central) and Wilfred Niwagaba (Ndorwa County East), were expelled from the NRM party, which also wanted them to vacate their seats in Parliament.

However, when they challenged the party’s move in court, the Constitutional Court, on a 4-1 majority,  ruled in February last year that they were illegally in Parliament after the expulsion and; as such they should vacate their seats, hence this appeal. The dissenting member of the coram argued that the MPs had been condemned unheard and; as such they suffered injustice as there was breach of natural justice.

Earlier, however, the Supreme Court, upon being moved by the four MPs granted them an interim order restraining the Speaker of Parliament from expelling them despite a legal opinion by the then Attorney General Peter Nyombi that they had lost their constituencies upon having been expelled from the party and as such they should quit the House.

However, the Supreme Court explained that the interim order granted to the MPs was to maintain the status quo until their case was finally decided.

The party accused the MPs of using abusive language against official party flag bearers and decampaigning them, thereby breaching the party constitution.