The East African Court of Justice (EACJ) sitting in Arusha Tanzania will today, September 30, deliver the long awaited judgment on a case in which Ugandan lawyer Hassan Male Mabirizi challenges the uplifting and upholding of the amendments on the presidential age limit
According to the ruling notice issued by the Registrar of this court, the judgment commenced at 9:30 am before Principal Judge Hon Monica Mugenyi, Hon Justice Charles Nyawello and Justice Charles Nyachae.
“You are required to appear in this court via video conferencing and abide by Video conferencing proceedings,” the notice reads.
Due to the prevailing Covid-19 restrictions on mass gatherings, the judgment will be delivered via video conferencing in observance all court rules and regulations.
The Registrar informed the parties; Mabirizi (petitioner) and the Attorney General (respondent) who represents Uganda, that in case no appearance is made on their behalf, the judgment shall be passed their absence notwithstanding.
In this 2019 case, Mabirizi challenges the actions of Parliament which amended and passed the law, the Executive (President) who assented on this bill to become a law and the Judiciary (Constitutional and Supreme Court) which upheld the amendments of Parliament
In 2017, following the decision of the majority of legislators, Parliament made an amendment to Article 102(b) of the constitution by removing the age limit requirement for anybody intending to stand for the presidency in Uganda.
One of the grounds for his petition is that it was wrong for Ugandan courts to uphold the law which was made without following parliamentary rules of procedure, that at Supreme Court, the judgment was delayed beyond the mandatory 60 days and therefore the judgments were stale and expired.
He added that it was wrong to allow conflicted judges at both the Supreme and Constitutional Courts to sit as judges in this matter.