Supreme Court defers case of six MPs dismissal over quorum

Kampala, Uganda | THE INDEPENDENT | A panel of six Supreme Court Justices have adjourned two consolidated appeals challenging the constitutional court decision that ordered for the dismissal of six Members of Parliament from the newly created municipalities.

The case has been adjourned to October 14, 2020 after the panel led by Justice Dr Esther Kisaakye informed court that there was no required quorum for the Justices to preside over the matter. Court also heard that the parties involved in this case had not met the deadline that was given to them to put in their written submissions.

Justice Kisaakye told the parties who included former Bufumbiro East MP Eddie Kwizera, Electoral Commission and Attorney General’s lawyers that the hearing couldn’t take place because the panel was incomplete without the seventh Justice Percy Night Tuhaise who didn’t tell why she was absent.

Other justices however were present and they were, Justice Stella Arach Amoko, Justice Faith Mwondha, Paul Mugamba, Ezekiel Muhanguzi and Mike Chibita.

The two consolidated appeals that were fixed for hearing today were filed by the Electoral Commission and Attorney General challenging a December decision by the constitutional court judges led by the then Deputy Chief Justice Alfonse Owiny-Dollo which ordered six legislators from newly created municipalities to vacate Parliament for having been elected into non-existing vacancies.

The six are, Patrick Ocan, the Apac Municipality Member of Parliament, Elioda Tumwesigye for Sheema Municipality, Tarsis Rwaburindore Bishanga for Ibanda Municipality, Hashim Sulaiman for Nebbi Municipality, Asuman Basalirwa for Bugiri Municipality and Peter Abrahams Lokii for Kotido Municipality.

The Constitutional Court Justices threw out the said group from parliament arguing that their constituencies were created after the general elections and were thus declared illegal. However, the Electoral Commission and the Attorney General appealed against the constitutional court decision in the Supreme Court.

They argued that the municipalities were duly created by a parliamentary decision and as such, the constitutional court Judges erred in law and fact by arriving at a decision for dismissal and declaring the said constituencies as non-existent.

Court also heard that the constitutional court Judges erred in law and fact by making a decision to dismiss the legislators without being accorded a right to a fair hearing. The government argues that the legislators were not a party to the decision that resulted in their dismissal and as such, they didn’t know about the proceedings so as to ably defend themselves.

However today, Justice Dr Esther Kisaakye who led the panel of six Justices who were present directed the parties to put in submissions within seven days from now such that hearing can commence on October 14, 2020. Court had previously in a July 2020 sitting given the parties a month to file submissions but they didn’t meet the deadlines to the extent that the Electoral Commission filed theirs as late as yesterday September 21, 2020.

The Electoral Commission was represented by lawyers Hamidu Lugoolobi and Eric Sabiiti while Principal State Attorney Wanyama Kodoli was appearing on behalf of the Attorney General and government. On the other hand, lawyer Ntambirweki Kandeebe was representing the aggrieved members of parliament.

In June 2020, the Supreme Court ordered that the affected legislators should continue being in parliament until the determination of these appeals.

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