Court

Lawyer Mabirizi Challenges Nomination of Presidential Candidates

Controversial Ugandan Lawyer Hassan Male Mabirizi has petitioned the East African Court of Justice challenging the just concluded nomination of presidential candidates for the forthcoming 2021 general elections.

In his application, Mabirizi says that it was not proper to nominate  presidential candidates without requiring them to produce essential documents like  original birth certificates to prove that they are Ugandans by birth, Original Uganda Advanced Certificates of Education or its equivalent to prove that they are academically qualified and resolutions of their respective political parties and Organisations’ General Assemblies electing them as flag bearers (for those sponsored by Political Parties).

He pointed out that no free and fair elections can take place in a country like Uganda where public meetings, including political rallies, conferences are prohibited and with a curfew in force.

“The applicant pleads that arresting, inhumanly treating, torturing and detaining Presidential Candidates Amuriat Oboi Patrick and Kyagulanyi Ssentamu Robert rendered the entire Nomination and Election Process Null and Void,” the application reads in part.

Mabirizi also stated that although under Uganda Constitutional frame work, it is possible to extend elections until the environment is favourable for conducting of free and fair elections, the Uganda government has chosen a path of contravention of its East African Community Treaty Obligations by continuing with the process in this period full of limitations.

He also challenges the action of processing and nominating of candidates by Justice Byabakama Mugenyi Simon, holding out as the Chairperson Electoral Commission and Returning Officer for Presidential Elections before relinquishing his position as unlawful.

As such, the applicant has asked court to issue an order nullifying all actions, decisions steps taken and done by any person who has been nominated, elected or assumed office pursuant to the processes of 2021 elections.

He has also asked for a permanent injunction restraining Uganda Electoral Commission or anybody, organ or agency of the Uganda government from implementing or furthering the process’ actions and decisions of nomination of presidential candidates for 2021 elections.

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The application also asks Court to award general damages to the applicant due to disturbance and anguish caused to the applicant arising out of the actions, decisions and directives complained against in the reference.

Mabirizi further asked for an interest of 6% per annum on the general damages and costs awarded to the applicant from the time of filing this Reference till payment in full.

The Attorney General of Uganda is yet to be served with this application.

 

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