Kampala, Uganda | THE INDEPENDENT | Ramadan Isihaq Lukwago, the Kawempe One East Councilor has applied to High Court for a review of the orders directing legislators to deposit the Shillings 10 billion they received for Covid 19 activities to public accounts.
Lukwago argues that the directive issued by Civil Division High Court Judge Michael Elubu on April 29th is illegal since it contravenes the principal of separation of powers among different arms of government.
While delivering his ruling on application filed by Gerald Karuhanga, the Ntungamo Municipality Member of parliament, Justice Elubu directed all MPs who benefited from the money to return it either to the Parliamentary Commission, National Covid 19 or district taskforce.
Karuhanga ran to court contesting the manner in which the money was allocated to legislators. He said allowing the MPs to use the money would cause irreparable damage to their electorates.
Now through his lawyers led by Nalukoola Luyimbazi, Lukwago notes that the role of appropriation or allocating money is vested with the Parliament of Uganda and not the Judiciary.
He says the money had to be returned to the Consolidated fund and not the Parliamentary Commission, National Covid19 or District Task Forces as directed by court.
Lukwaga contends that Justice Elubu’s order had many errors and mistakes which have entered court records and should be reviewed and rectified immediately.
He notes that unless corrected, the orders will have far reaching consequences on the doctrine of separation of powers, rule of law, democracy and will pose a predicament to the principle of checks and balances between the three arms of government.
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