The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Court of Appeal has indefinitely adjourned the case in which Rubaga South Member of Parliament Kato Lubwama is seeking to block an election petition.
The Court of Appeal Panel comprising Deputy Chief Justice Alphonse Owiny Dollo, Hellen Obura and Cheborion Barishaki argued that they need to first investigate and verify circumstances that resulted into the judgement that was supposed to be delivered in the in May but was rejected by all parties.
This was because Lubwama’s voter Habib Buwembo also the respondent, in this case, demanded explanation from the Judges how they were going to deliver the judgement in the matter that wasn’t heard.
The case had earlier been heard by a panel led by former Deputy Chief Justice Steven Kavuma, who retired before concluding the case.
On Thursday, Dollo met both parties in his chambers for a private meeting and told them that said he will carry out investigations before the parties are called back for further hearing.
Dollo has since regretted the matter arguing that it was an error to bring the judgement before the case is heard.
In 2017, Semakadde petitioned Judicial Service Commission asking the then leader of the Panel Kavuma to step aside accusing him of incompetence and lack of independence.
Semakadde had previously challenged Kavuma’s appointment as the Deputy Chief Justice and he thought it wouldn’t be fair for him to preside over a case where he is involved. But no report was brought back by the Judicial Service Commission.
Through his lawyers Caleb Alaka and NalukoolaLuyimbazi, Lubwama went to Court of Appeal challenging the High Court orders, where Justice Margaret Oumo Oguli allowed an election petition filed out of time by his voter Habib Buwembo the Forum for Democratic Change Secretary for Labour in Rubaga South.
In Buwembo’s application, he argued that Lubwama lacked mandatory academic qualifications to be in Parliament. He also stated that Lubwama had no documents indicating that he had sat for Primary Seven, Senior Four and Senior Six.
Buwembo also alleged that Lubwama connived with Makerere University and was admitted in 1992 for a diploma in Music and Drama yet he hadn’t obtained the minimum mature age which is 25.
Lubwama was reportedly 22 years at that time. In the same suit, the Electoral Commission was sued for having nominated Lubwama in the race yet he lacked documents.
Following this, went to court of Appeal arguing that the application against him in the lower court was filed in bad faith and was outside the stipulated 60 days period.
He wanted the court of appeal to block the proceedings against him in the High Court.
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