Mabirizi angers judge, escapes jail

Dec 17, 2019

Immediately the judge dismissed an application in which Mabirizi and Kampala Lord Mayor Erias Lukwago wanted to cross-examine Justice Byabakama and EC secretary Sam Rwakoojo.

"Mr. Male Mabirizi you have pushed me to the extreme, you may end up in Luzira prisons now. Do not push me to the wall. You think everyone is going to be part of your nonsense. Where is the court orderly?" Justice Musa Sekaana said.

This was after Mabirizi engaged in a bitter exchange with the judge in a case in which he is seeking a declaration that Justice Simon Byabakama's continued holding of the office of EC without relinquishing the position of the Justice of the Court of Appeal is illegal.

When the judge ordered the court for his arrest, the visibly dejected Mabirizi resumed his seat.

Immediately the judge dismissed an application in which Mabirizi and Kampala Lord Mayor Erias Lukwago wanted to cross-examine Justice Byabakama and EC secretary Sam Rwakoojo.

"I find that the petitioners have not made out a case requiring this court to summon Byabakama and Rwakoojo for cross-examination. The application is consequently dismissed," Sekaana ruled.

More drama continued to unfold when Mabirizi and Lukwago immediately made another application seeking justice Sekaana to recuse himself from the matter on grounds that he was formerly an Electoral Commission lawyer.

They also accused Justice Sekaana of expressing bias on them when he allegedly told them to make their "Rubbish submissions".

Lukwago together with a group of thirteen opposition leaders wants Byabakama and wants EC secretary Sam Rwakoojo to throw out office.

They claim that Byabakama's continued holding of the office of EC without relinquishing the position of the justice of the Court of Appeal contravenes Article 60(5) of the Constitution.

In regard to Rwakoojo, they claim that he is in office illegally alleging that his contract expired.

The petitioners also want the court to declare the ongoing mass registration of voters that ends on December 11 null and void on grounds that it will disfranchise Ugandans who will be turning 18-years before the elections.

They also want the court to declare that sh32b earmarked for mass voter registration misuse of public funds contrary to Article 59 of the Constitution and Section 19 of the Electoral Commission Act, 2010, which mandates whoever turns 18-years to register and vote.

Byabakama, however, says that he no longer performs any functions of the justice of the court of appeal and neither attends any workshop or related activities of the judiciary.

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