AGE LIMIT APPEAL: Regional court to deliver judgment tomorrow

COURT|POLITICS |AGE LIMIT|APPEAL

ARUSHA - The East African Court of Justice (EACJ) is tomorrow (Wednesday September 30, 2020) expected to deliver its verdict in the Age limit appeal lodged by city lawyer Hassan Male Mabirizi at the Arusha-Tanzania based court in May this year.  

The judgement will be delivered via video conferencing as a precautionary measure against COVID-19 pandemic, according to the judgment notice issued by the court's registrar Yufnalis Okubo.  

"Take notice that the above reference is fixed for delivery of judgment via video conferencing on September 30 from 9:30 am. You are hereby required to appear in this court via video conference and abide by the guidelines for video conferencing proceedings," the notice reads in part.  

The judges include Ugandan judge Monica Mugenyi, a justice of the Court of Appeal. Mugenyi is the principal judge at the regional court First Instance Division.  Others are Dr Charles Nyawello and Audance Ngiye.    

Background

On April 29, 2019, the Supreme Court in a 4:3 majority judgment dismissed an appeal against the Constitutional Court verdict in which it Okayed the removal of the presidential age limit.

Majority justices of the court ruled that despite several breaches which occurred during the tabling, debating and passing of the law, it had no substantive effect on the process of the entire enactment of the Constitutional amendment Act no.1 of 2018.

Chief Justice emeritus Bart Katureebe, Stella Arach Amoko, Rubby Aweri and Jotham Tumwesigye dismissed the appeal while Eldad Mwangusya, Lilian Tibatemwa-Ekirikubinza and Paul Mugamba dissented.

Being dissatisfied with the verdict, Mabirizi petitioned the regional court seeking to have the enactment nullified.  

He insists that the process of passing and assenting to the Act did not comply with Articles 6 and 7 of the Treaty for Establishment of the East African Community.  

Mabirizi claims that the amended presidential age limit clause (Article 102(b) in the constitution was marred by violence and deployment of military police in and outside Parliament which he says is unconstitutional and contrary to the provisions of the treaty.  

Article 102 (b) of the constitution prevented anyone above 75 years from standing for president.  

Mabirizi, described by many as perennial litigant, wants the regional court to declare that age limit amendment unconstitutional and find that it infringes on the treaty that established the East African Community.

On the other hand, Attorney General William Byaruhanga wants the case dismissed.  

Byaruhanga argues that the issues raised by Mabirizi were resolved by competent courts in Uganda.  

The outcome of the case could bring an end to a three -year legal battle in regard to the amendment.