The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Lawyer Male Mabirizi has dragged the government to the East African Court of Justice for de-registering his suit.
In his petition, Mabirizi states that on March 20th 2020, he filed an application challenging the directive issued on March 18th by President Yoweri Museveni in which among others ordered for the closure of several institutions like churches, bars and schools among others.
Museveni explained that the closure will help in the prevention of the spreading of the coronavirus.
But Mabirizi states that on the day he challenged the legality of the directives, he filed another Application seeking for a temporary injunction restraining any Uganda government official or agency from implementing the directives.
Mabirizi states that besides, he filed another application for a Certificate of urgency to be issued in respect of his applications but none was allocated to a Judge despite his efforts.
According to his evidence before the East African Court, Mabirizi states that on March 30th 2020, he was shown a handwritten statement by the Administrative Head of the High Court Civil Division, Dr Andrew Bashaija ordering that his cases must be de-registered and their serial numbers given to other cases.
He alleges that Justice Bashaija reasoned that the cases ought not to have been filed in the first place because the filing compromised national security and public health.
Mabirizi now argues that the actions of Bashaija were a failure of the duty to adjudicate disputes by Uganda High Court which was done without any judicial process and with intentions to deny him a right to a fair hearing and access to remedy.
Mabirizi now wants the East African Court of Justice to declare that the actions by the Ugandan High Court were illegal and that court should order for the reinstatement of his suit so that it can be heard.
This excerpt on Dr Bashaija’s actions is one of the hundreds of fusions that have been made by Mabirizi in his petition before the East African Court of Justice.
Others being challenged here include all the recent various appointments that have been made during the lockdown by President Museveni, the closure of Courts and Mabirizi also wants an order disbanding Local Defense Unit and unconditional release of those arrested following Museveni’s alleged illegal speech orders.
Mabirizi also wants an unconditional release of all vehicles impounded and damages to every Ugandan who could have been arrested in the wake of these alleged illegalities.
The Spokesperson of the Judiciary Solomon Muyita said that it’s true the matter was de-registered from court records on grounds that it was not one that could be heard. He adds that Mabirizi was informed about the de-registration.
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Mabirizi should know that the East African Community is not a supranational entity like the European Court of Justice is, therefore the courts’ decisions even if they were to rule in his favour would not bind Uganda as a partner state. His suit will equally be of no consequence.