Katureebe unfit to deliver judgment, says Mabirizi

Apr 20, 2019

A former Attorney General, Bart Katureebe revealed that he is due for an eye operation next week

Since the Supreme Court dismissed on Thursday a consolidated petition seeking to nullify the Constitution Amendment Act No.1 of 2018, there has been a reflection on the decision on both mainstream and social media platforms.

The contentious Act removed the 75-year cap on those seeking to contest for president by expunging Article 102(b) from Uganda's 1995 constitution.

Initially a private member's Bill by Raphael Magyezi (Igara West), the Act further   amended the constitution to provide for the time within which to hold presidential, parliamentary and local government council elections; increase the number of days within which the Electoral Commission is required to hold fresh elections where a presidential election has been nullified and other related matters.

"The decision of the constitutional court is upheld and this appeal fails," said Justice Eldad Mwangushya who read the final verdict on behalf of the Katureebe who was unwell.

Now, Male Mabirizi who was one of the petitioners says Katureebe's judgment cannot stand in law on account of his bodily infirmity.

awyer ale abirizi ile hotoLawyer Male Mabirizi. File Photo

 

"Katurebe should not have made his judgment. Article 144 of the constitution highlights bodily infirmity as one of the ground for removing a judge from office," Mabirizi said.

In his opening statement before calling upon lady justice Stella Arach-Amoko to deliver her judgment, Katureebe attributed the delay for court to deliver its judgment in the petition to his ill health which kept him indisposed for five weeks.

A former Attorney General, Katureebe revealed that he is due for an eye operation next week.  It's perhaps because of this that he requested Mwangushya to read his judgment.

The constitutional provision cited by Mabirizi, however, deals with grounds upon which a judge can be removed from office.

The provision does not explicitly state that a judgment delivered by a judge having health problems is incompetent in law.

Meanwhile, Mabirizi has told New Vision that he intends to petition the East African Court of Justice (EACJ) for a declaration that Uganda is flouting the treaty for the establishment of the East African Community over what he claims is the failure to adhere to the rule of law.

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